Agreement to Hire Rental Vehicle
An agreement is made between the owner and the hirer and any driver whose particulars are entered in this agreement.
It is hereby agreed as follows:
Vehicle Description: The owner will let and the hirer will take on hire of the motor vehicle described in the agreement.
Duration of Hire: The term of the hire shall be for the period as described in the agreement. Vehicles are hired on a 24 hour basis.
Persons who may drive the vehicle: The vehicle may be driven during the period of hire only by the persons described in the rental agreement and only if each such person holds a current driver’s licence (particulars of which are given alongside his/her name and address) appropriate for the vehicle at the time when they are driving the vehicle.
Payments by the Hirer: The hirer shall pay the owner as payment for the hire of the vehicle for the period of hirer referred to in the rental agreement. 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 excess cover. The hirer shall pay to the owner on termination of the hiring any distance charges referred to in the agreement. The hirer shall pay to the owner any extra costs involved relating to vehicle damage, repairs, relocation fees and insurance excess resulting during the time the vehicle was in the hirers care. In the event of an accident the hirer shall also pay $350.00 being an administration fee for completion of insurance papers and other administration costs relating to the claim. In the event of an accident a fee will also be charged for the time the vehicle was off the rental yard and available for rent. The hirer must suppy a credit card at the beginning of the hire and this credit card is to have funds available to cover the insurance excess in the rental agreement.
Payments can be made in cash, eftpos, online or by credit card. Credit Card payments incur a 3% merchant fee.
Credit Card: The insurance excess on the vehicle will be shown on the Rental Agreement. It is payable immediately in respect of any damage or loss incurred to the vehicle when on hire and before the vehicle is checked back in by the owner. Credit Card details which have the facility to cover the amount of the insurance excess are required to be supplied for all rental car hires. The owner of the credit card will be asked to give the owner of Adventure Rentals permission to access the credit card for any damage or outstanding monies that may occur.
Booking and Cancellation Policy: Adventure Rentals require 10 days notice, before the hire start date, of any cancellation for return of any deposit. Deposits will be returned less a $25.00 NZ administration fee. Payment for any rental vehicle booked will be from the date and time the vehicle was booked from, regardless if the hirer collects the vehicle later than the booked time. Bookings paid for in full then cancelled within 24 hours of the collection of the rental car will be charged 50% of the rental hire. The remaining 50% will be refunded.
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 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. Should any malfunction of the vehicle occur, or should any warning light show up on the hired vehicles dash board or should there be any sign of overheating, the driver must stop the vehicle immediately or they will be held liable for all and any damage to the hired vehicle.
Insurance Conditions: Subject to the exclusions set out below and the insurance excess mentioned in the 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 below, 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 a public road) or to Raspberry Creek or past the entrance to Treble Cone Ski Field, Wanaka without the approval of the owner. 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 on all rental vehicles is $2000nz or $3000nz if under 21 years of age or a full licence is less than 1 year old. Damaged windscreens and tyres
are at the cost of the hirer in all instances.
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. All hirers are required to give the owner credit card details for security purposes in the event of any damage incurred to the hired vehicle. The hirer further agrees that the vehicle owner can access the credit card to obtain funds to repair or rectify the amount of any damage or costs incurred to the hired vehicle, during the hire period. A daily
off yard fee is payable in respect of all damage to vehicles.
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 a 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 that 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 Owner’s 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 of the full 1 day rate for each 24 hours it remains unreturned. If the vehicle is still missing after 48 hours from the return time and no contact has been made by the Hirer to the Owner, the Owner will seize via credit card the sum of the insurance excess shown on the agreement. If the vehicle is returned and it is our opinion that it is extensively dirty outside or inside, then a $150 cleaning fee will be charged. There is to be No Smoking in any of our rental cars. A $150 fee will be charged if smoking detected. If the vehicle is returned early there will not be any refund of hire fees. All vehicles are to be returned full of fuel. If it is not returned full of fuel a $25 administration fee will be charged plus fuel. Cars returned
outside hours or at other locations are not fully checked in until they are in the owners possession.
Immediate Return of Vehicle Where Default or Damaged: The Owner shall have the right to terminate the hire 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 owner’s discretion. Broken 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 $25.00 administration fee will be payable by the hirer to the owner for the transfer of the infringement.
Unlimited Kilometres: This applies to rental car hires 5 days and over not including Mini buses. However for very long distances other conditions may apply. Excess kilometres over the allowed free kilometres (1 – 4 day hires) are charged out at .25 cents per km
The Hire is for a 24 hour period. The vehicle is to be returned at the same time of day it was hired. If the vehicle is over 2 hours further fees will apply, see above.. Any extension of hire must be approved by the owners.
After Hours: An after hours fee of $40 will be charged for any vehicles to be pick up outside office hours which are
9am – 5pm Monday – Friday and 10am – 2pm Saturday. The fee also applies to Sunday and Public Holidays.
Any Hirer/Driver who has not signed a rental agreement but has taken possession the hire vehicle will be bound by all the Terms & Conditions advertised on this website and on the rental agreement.
Terms of Trade: All payments are to be made on collection of the vehicle. Any payments on account are payable in 7 days from the date of the hire. Overdue accounts will incur a $40 late payment fee per month.
Adventure Rentals reserve the right to change any of these Terms and Conditions at any time, if they feel it is appropriate to do so.
Adventure Rentals is owned by Prestige Ventures Wanaka Ltd