Agreement to Hire Rental Vehicle Terms and Conditions
An agreement made between the owner VHA Investments Ltd trading as Adventure Rentals (owner) and the hirer or any driver whose particulars are shown on an attached Rental Agreement. It is hereby agreed as follows by the drivers, hirer and owner:
Any driver named on the contract but who has not signed the contract for any reason whatsoever is automatically bound by all Terms & Conditions.
Vehicle Description: The owner will let and the hirer will take on hire the motor vehicle described in the attached agreement.
Duration of Hire: The term of the hire shall be for the period as described in the agreement.
Persons who may drive the vehicle: The vehicle may be driven during the period of hire (or any extension agreed) only by the persons named in the rental agreement and only if each such person holds a current drivers licence (particulars of which are given on the rental agreement) which is appropriate for the vehicle at the time when they are driving the rental vehicle.
Payments by the Hirer: The hirer shall pay the owner for the hire of the vehicle for the period of hirer in the rental agreement and any extension of hire. In addition to the payment referred to in the rental agreement, the hirer shall pay the owner the sum specified in the agreement for insurance cover. The hirer/driver shall pay to the owner any extra costs for the rental vehicle damage, distance fee, repairs, relocation fees, infringements, insurance excess, credit card fees or any other fees which result during the time the vehicle was in the hirers care and before it is checked back in by the owner. It is agreed by the hirer/driver that the credit card supplied can be accessed by the owner to pay for the full amount for any fees/costs
incurred. Loss of rental car use expenses may apply to all insurance claims.
The Hirer shall ensure that: The water in the radiator and the battery of the vehicle is maintained at the proper level. The oil in the vehicle is maintained at the proper level. The tyres of the vehicle are maintained at the proper pressure. The Hirer/driver shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use. Please also see terms and conditions on the front of rental agreement relating to vehicle malfunctions and warning lights.
Insurance Conditions: Except for any insurance excess exclusions mentioned in this agreement, the Hirer, and any driver authorised to drive the vehicle, is fully indemnified in respect of any liability he or she might have to the Owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the Owner, including towage and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusion set out in the agreement the Hirer and any driver authorised to drive the vehicle, is indemnified to the extent of $10,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.
Exclusion to Insurance Cover: The indemnities referred to above shall not apply where the damage, injury or loss arises when: The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle. The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle. The vehicle is operated in any race, speed test, rally or contest. The vehicle is driven by any person not named in the rental agreement. The vehicle is driven by a person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for the vehicle. The vehicle is wilfully or recklessly damaged by the Hirer or any other person named in the rental agreement or driving the vehicle under the authority of the hirer, or is lost as a result of
wilful and reckless behaviour of the Hirer or any such person. The vehicle is operated outside the term of the hire or any agreed extension of the term. The vehicle is operated in breach of the rental agreement. The vehicle is operated on any beaches or off road (not on a public road) or to Raspberry Creek or past the entrance to Treble Cone Ski Field, Wanaka without the approval of the owner. Any hire vehicle that is not a 4 Wheel Drive is not permitted to go to Raspberry Creek or past the Treble Cone Ski Field entrance. It is agreed between the owner and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply to the above as if this clause constituted a contract of Insurance. Unless brought down, the insurance excess is $2000 or if higher if driver is under 25 years of age or full licence less than 1 year old. Insurance excess is shown on front page on the Rental Agreement or if omitted it is $3000nz.
Owners Obligations: The Owner shall supply the vehicle in a safe and roadworthy condition. The Owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except when, by the terms of this agreement, those cost are payable by the Hirer. Note: The cost of petrol and other fuel used during the term of hire is the responsibility of the Hirer.
Mechanical Repairs and Accidents: If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise the owner of the full circumstances by telephone as soon as possible. The Hirer shall not undertake any repairs or salvage without the authority of the Owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or other property. The Hirer shall ensure that no person shall interfere with the distance recorded or speedometer or except in an emergency, any part of the engine, transmission, braking or suspension system of the vehicle. In all accidents Police are to be notified by the Hirer. Vehicles returned outside hours or at
other locations are not checked back in until they are viewed by the owner or their employees.
Use of the Vehicle: The Hirer shall not permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the Owner for use in passenger service licensed under the Transport Services Licensing Act 1989. The Hirer shall not: Sublet or hire the vehicle to any person; Permit the vehicle to be operated without his or her authority; operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver under the Land Transport Act (which relates to driving or attempting to drive with excess breath or blood alcohol or operate under the influence of any drink or drug); operate the vehicle or permit it to be operated in any race, speed test, rally or contest; Operate the vehicle or permit it to be operated to tow or propel any other vehicle without the Owners consent. Operate the vehicle or
permit it to be operated in breach of the Transport Act 1962, the Traffic Regulation 1976 or any other Act, regulations or bylaws relating to road traffic; Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of the goods specified in the certificate of loading of the vehicle; drive or permit the vehicle to be driven by any other person, not stated on the rental agreement and if at the time of driving the vehicle the Hirer of the vehicle is not the holder of the current full drivers licence appropriate for the vehicle. Where damage of the vehicle is caused by any breaches of the hire, the hirer shall be responsible for the full cost of repair notwithstanding the insurance excess or any collision damage waiver which may have been purchased.
Return of the Vehicle: The Hirer shall ensure that: The Hirer shall at or before the expiry of the term of hire, deliver the vehicle to the location specified in the rental agreement, or obtain the Owners consent to the continuation of the hire. If the vehicle is not returned within 2 hours of the return time on the agreement the hirer will incur a charge at the full 1 day rate for each 24 hours it remains unreturned, these costs will be charged to the credit card held. If the vehicle is still missing after 24 hours from the return time and no contact has been made by the Hirer to the Owner, the Owner will seize via the credit card held the sum of the insurance excess shown on the agreement and can seize the vehicle. The vehicle is to be returned in the same condition in which it was hired. If the vehicle is returned and it is the Owners opinion that it is extensively dirty outside or inside,
then a $150 cleaning fee will be charged. If the vehicle is returned early there will not be any refund of hire fees.
Immediate Return of Vehicle Where Default or Damaged: The Owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of agreement, or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to other rights of the Owner and the rights of the Hirer under this agreement or otherwise.
Replacement of the Vehicle: In the event of an accident no refund of unused hire will be made. Provision of a replacement vehicle is at owners discretion. Broken or chipped windscreen, punctures, flat battery and damaged tyres are at the cost of hirer.
Infringement Notices: Any speeding tickets or infringement notices incurred during the period of the hire by the hirer or additional drivers will be transferred onto and payable by the hirer in all circumstances. A $30.00 administration fee will be payable by the hirer to the owner.
Adventure Rentals is owned and operated by VHA Investments Ltd