AGREEMENT TO HIRE RENTAL VEHICLE (updated: 30 Oct 22)
An agreement made between the owner (AAMS GROUP LTD T/A RENTALCARS247) and the hirer and the cardholder (if different from hirer) herein called the hirer whose particulars are entered in this agreement to rent the vehicle identified (or any replacement) on the rental agreement. The hirer and cardholder are severally and jointly liable and responsible for the actions of the hirer/driver(s) under this agreement. It is hereby agreed as follows:
RentalCars247 will allow the hirer to rent the motor vehicle identified in this agreement subject to the Terms and Conditions set out below. Rentalcars247 reserves the right to change motor vehicle at the time of hiring to what Rentalcars247 considers equivalent or higher category if Rentalcars247 considers this to be necessary.
DURATION OF HIRE
The term of hire shall be for the period as described in this agreement. The owner must authorize any rental extensions and the standard daily rate will apply. If the vehicle is returned earlier than the time identified in this agreement, no refund will be provided. The owner reserves the right to charge a penalty of $250 plus daily rental rate and any other charges as applicable to anyone in breach of this. The vehicle must be used for lawful purpose. The vehicle cannot be sub hired.
PERSONS WHO MAY DRIVE VEHICLE
The vehicle may be driven during the period of hire only by the persons described in this agreement and only if each such person holds a current and valid full driver license (particulars of which are given alongside his/her name and address). We allow other Authorized Drivers to drive the vehicle, at our discretion however, you the hirer remain liable for the performance of your obligations and the act and omissions of any Authorized Driver under this Agreement. All authorized drivers must be present at the time of hiring and each driver must present their driver license. We only accept driver license in English. If your driver license is not in English, please get it translated by an approved NZ Transport agency translator. Failure to obey the rules will render the insurance void.
PAYMENTS BY HIRER
The hirer shall pay to the owner in full prior to dispatch for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement the sum as specified in this agreement. Minimum hire is one day. The hirer must have a credit card to hire a vehicle. Hire charges are calculated on a per day basis. You agree to pay the following charges.
The hirer agrees to pay any additional costs in connection with the hire including but not limited to parking and speeding infringements relocations fees, cleaning fees or any other costs incurred in connection with the hirers possession of the vehicle including those which become apparent following termination of h
Hirer must comply with any restrictions applicable to any special deals for example minimum hire period. Should the restrictions be breached, standard daily rack rate will be charged.
Any surcharge on use by credit card. 3% surcharge applies for use of Mastercard and Visa card. 4.5% surcharge applies for use of American Express (AMEX), EFTPOS and Debit cards are free of charge. Bond will only be taken on credit card. No cash payment or cash bond is accepted.
The hirer will be responsible for the full cost of hire should the voucher they present not be paid by the agent. The total payment will be charged to the hirers credit card should payment from the agent not be received.
In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clause 10 of this agreement.
A Security Deposit/Excess Bond to the value, of NZ$2500 - $3500 is held until the vehicle is returned in the same condition and fuel filled to the delivery level. The bond is only payable by a credit card.
In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to in this agreement if your agreement specifies a distant charge. Diesel vehicles incur Road User Charge of 70c per km.
The hirer shall pay for all petrol, oil and other fuel used, including puncture repairs, during the period of vehicle hire. Failure to return same level of fuel will incur a fee of $50 plus any refueling cost. If hirer choses prepaid fuel option, no refund will be made for the remaining fuel.
Charges for late return of vehicle
Any traffic or parking offence infringement and road tolls. Administration fee of $50 applies for processing any infringement or tolls.
Damage cost- any damage/repair costs and any legal costs incurred in recovering the sums.
The applicable insurance excess for each and every instance of damage in respect of the vehicle or any accessories. If you have returned a damage vehicle and we have given you a replacement, a new excess will be applicable on the replacement vehicle.
The replacement cost of any accessories such as GPS, child seat, chains, spare tyre, keys, roof racks etc.
Key Replacement- If the key is not returned with the vehicle the hirer is liable for the replacement cost including the courier cost or any delivery charges.
Relocation cost- If the vehicle is returned to a location not specified in this agreement, then any reasonable relocation costs incurred will be charged to the hirer. Usually this ranges from $500-$1500. Invoice copy will be provided.
Any other damage or loss to the vehicle or spare parts not recovered under our insurance policy.
Charge for cleaning or to deodorize– The vehicle is to be returned in the same state as the time of start of hire. If returned excessively dirty a fee of approximately $200 will be charged. If the vehicle sustains water damage as result of driving on the beach or creek or rivers reasonable cost of cleaning will be charged. Should the vehicle require rust prevention additional cost will be charged usually around $2000.
Charge for cleaning or deodorizing smoke smell in vehicle, any animal in vehicle (except disability guide dogs) any spillage, water damage, fish smell, vomit, food, stains, unpleasant odor, rust prevention if vehicle submerged in water and animal hair. This will be charged as per invoice from third party and copy available on request.
Any extension charges. Any unauthorized extension charges will be charged the standard daily rack rate.
Any AA callout that’s non-mechanical or the hirer is at fault
Enforcement and collection charges
All charges must be paid on commencement of hire.
Any other charges not paid with 14 days will be referred to debt collection agency. Any costs incurred will be payable by the hirer including but limited to legal costs.
We reserve the right to correct any miscalculations or misprints or any undercharges.
The hirer shall ensure that:
The water in the radiator and battery of the vehicle is maintained at the proper level
The tyre pressure is maintained at the proper pressure
If your hire is more than 21days the oil and coolant is to be maintained at the correct level
Smoking is not permitted in vehicle
Animals except guide dogs are not permitted in the vehicle
Any accessories like GPS are kept out of sight when not in use
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. Key is to be kept personally by the hirer.
Comply with all road rules
Comply with manufacturers regulation when using any child seats or accessories. Ensure child seat is properly installed.
Carry your driver's license at all times
Keep a copy of this agreement in the vehicle throughout the hire term and produce it on requested by an enforcement office.
Not operate any vehicle that has a hazard or warning light activated. You must stop driving and report any such incident immediately to us without causing further damage to vehicle.
No person to interfere with odometer or distance recorder or any part of the engine or suspension system or braking system
Ensure correct fuel is filled in the vehicle
Allow the vehicle to be operated outside his or her authority. Must not allow operation of vehicle under the influence of any drugs or alcohol. Must not allow vehicle to be operated in any race or rally or off road.
Must not allow vehicle to be operated outside of Land Transport Safety Authority Act, rules or regulation.
Only carry permitted number of passengers and load weight to be maximum specified in certificate of loading.
Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he/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 towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of $1 million in respect of any liability he/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.
Rentalcars247 is not providing insurance to the hirer of vehicle. Rentalcars247 manages the insurance provided under the Insurance Policy and reserves the right to determine whether or not to claim under the policy. In case of any event damage or accident the hirer agrees to deal exclusively with Rentalcars247. The hirers liability is covered by Rentalcars247 policy to a maximum of $1000000.
An excess applies at all times. Excess on vehicles range from $2000 to $5000 and can be up to $10000 if terms are breached. Each category will have a different excess level. At the time of booking or at the time of hire, the hirer has a choice of the following excess reduction options by paying an additional daily rate:
Basic Cover, Standard Cover, Full Cover 24/7
If a replacement vehicle is provided in any event, new excess will apply and will be treated as a new hire.
All excess reduction options are void if driver is charged with an infringement.
Excess Reduction option does not cover water submersions or saltwater damage, tyres, underbody and vehicle interior, windscreen, any damage caused by use of snow chains or roof racks.
Excess reduction option also does not cover the cost to replace keys which have been lost or the cost of retrieval of the keys which have locked inside the vehicle.
A bond is required for all hires. The bond is payable by credit card only. Payment for excess is taken immediately once the accident is reported. The credit card supplied will be debited for the full excess amount. The excess is applicable regardless of who is at fault and must be paid at the time of accident being reported, not on completion of rental. The accident report form must be filled in by the hirer. The excess will only be refunded if RENTALCARS247 is successful in recovering the cost of damages from third party. Please note claim recovery may take time to resolve.
EXCLUSIONS (You are fully liable for)
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/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 insurance is void.
The vehicle is driven by any person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driver license appropriate for that vehicle;
The vehicle is willfully or recklessly damaged by the hirer or any other person named in this agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the willful or reckless behavior of the hirer or any such person;
Vehicle is operated on any off-road conditions and any of the following road that is not a public road including but not limited to 90 Mile Beach (Northland), Ball Hutt Road (Mt Cook), Skippers Canyon (Queenstown) all roads north of Colville on the Coromandel Peninsula or any road that is not a public road.
The vehicle is operated outside the term of the hire or any agreed extension of that term. It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
The interior of the vehicle is damaged or soiled by cigarette burns, cuts, spillage or foreign material.
Any water submersion or water related or saltwater damaged. Any insurance option taken is void
Personal belongings are not covered. We recommend that the hirer does not leave valuables in the vehicle and should take out personal insurance.
Excess reduction is void for willful damage E.g., Sitting on the roof or bonnet of vehicle. Punctures, damage to tyre, rims, burning out of clutches and any damage arising from using the vehicle to propel any other vehicle are regarded as willful or reckless damage.
None of the insurance options cover the incorrect use of fuel (fuel being petrol or diesel). The hirer will be responsible for any associated costs.
The hirer will be responsible for the costs to retrieve or recover vehicle which has become bogged regardless of the insurance option taken.
Any consequential losses due to the hire
OWNER'S OBLIGATIONS, RIGHTS AND LIABILITY
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 to the extent that by the terms of this agreement those costs are payable by the hirer. NOTE: The cost of petrol or other fuel used, including puncture repairs, during the term of the hire is the responsibility of the hirer.
The hirer shall notify as soon as practicable in any event within 24hrs to the owner of any complaints or claims against the owner. If the hirer fails to do so the hirer may have deemed to have waived their rights and the company will not be liable for any claims resulting, there from.
Any mechanical or towing expenses required for the vehicle must be authorized by Rentalcars247 prior to the repair/tow taking place. Failure to get express authority will result in hirer being liable for the costs. Rentalcars247 will only reimburse such costs that has been authorized and hirer must produce original receipts for those repairs / costs.
RENTALCARS247 reserves the right to repossess the vehicle immediately:
If vehicle is obtained by deception or fraud
Hirer is in breach of Rental agreement
Vehicle is not returned on agreed date and time
Vehicle appears to be abandoned
Vehicle is not returned at the agreed date and time
Vehicle is damaged and we believe there is grounds for further damage
Enforcement officials consider the driver's behavior irrational and a danger to themselves or the general public
The hirer gives authority to access and enter property occupied by hirer to repossess the vehicle. If the vehicle is in possession of a third party and is at third party premises, then the hirer agrees to make all reasonable effort to enter the premises and obtain the vehicle. Hirer will pay all reasonable costs for repossession.
In the event of any of the above, the hirer will not be entitled to a refund. Termination of rental agreement will be the sole discretion of Rentalcars247.
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 Terms and Conditions or if the vehicle is damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
There will be no refund made under any of the above circumstances.
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 within 24 hours to give owner the opportunity to rectify the problem. We do not accept any liability for any claims submitted after this period.
The hirer shall not arrange or 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 to other property.
The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
Vehicles are supplied with 24hr AA roadside assistance for all mechanical and non-mechanical faults. Please note that AA does not cover the following and associated costs will be the responsibility of the hirer: Vehicle running out of fuel, Keys been locked inside the car or lost, Flat batteries as a result of lights been left and breakdown as a result of damage caused in an accident ALL AA NON-MECHANICAL CALL OUTS WILL INCUR A CALLOUT CHARGE. The hirer is required to pay for AA callouts if AA deems the callout is hirers fault like loss of key, running out of fuel etc
In the event of a breakdown please call AA Roadside Assist 24hours 0800 734 543 and quote membership number 8288616
The AA service operates 24 hours however for mechanical repairs outside these hours including weekends, some delays may occur in busy periods. The owner will always endeavor to have the vehicle repaired in the shortest possible time.
The availability of the exchange vehicle is not guaranteed: provision is subject to availability, client location, accident liability and remaining hire duration. If exchange vehicle is required as a result of an accident the hirer is responsible for making their own way to the nearest Rentalcars247 branch or pick up agent. Rentalcars247 may offer the hirer the option of Exchange Vehicle Relocation fee to send a driver to deliver the Exchange Vehicle to the hirer's location. The Hirer will pay for any costs relating to the delivery of the exchange vehicle as a result of a single vehicle accident.
No replacement vehicle will be provided without receipt of a completed insurance claim form for each and every accident or damage.
In the event of an accident occurring or breakdown and exchange vehicle is not available Rentalcars247 will not be liable for any resulting accommodation or living expenses that are incurred.
CLAIMS AND PROCEDURES
Where the use of vehicle results in an accident or damage or vehicle been stolen, you must:
Promptly report such incidents to the local Police and obtain a police report
Promptly report such incidents to RENTALCARS247.Provide full details of accident
Not without RENTALCARS247 's written consent make or give any offer, promise of payment, settlement, waiver, release indemnity or admission of liability
Must fill in insurance claims form. Complete and furnish to RENTALCARS247 within reasonable time any witness statement, information, photographs or assistance to RENTALCARS247 or its insurer may reasonably require
Take photographs and videos for evidence
Forward to RENTALCARS247 any claims or correspondence from third party's immediately
Failure to furnish Rentalcars247 the full details may compromise any liability to claim insurance and that the hirer will be liable for any resulting damage.
If the resulting event ends up in court or Disputes Tribunal the hirer will be required to assist and attend the hearing in person or via telecommunications networks(skype)
USE OF THE VEHICLE
The hirer shall not use or 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 Part 1 of the Transport Services Licensing Act.
The hirer shall not:
Sublet or hire the vehicle to any other person;
Permit the vehicle to be operated outside hirer authority;
Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act.
The driver of the vehicle is under the influence of alcohol or any drug that affects his/her ability to drive the vehicle
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 in breach of the Transport Act, the Traffic Regulations, or any other Act, regulations, or bylaws 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 goods specified in the certificate of loading for the vehicle
Drive or permit the vehicle to be driven by any person if at the time of driving the vehicle, the hirer or other person is not the holder of a current driver's license appropriate for the vehicle.
EXTENSION /EARLY RETURN OF HIRE
The hirer must contact Rentalcars247 if they wish to extend the hire 24 hours prior to the expiry of the original term. Rentalcars247 will endeavor to accommodate any extension request but all extensions are subject to vehicle availability. If the vehicle is not returned on the original term, daily rack rate on the day will be applied.
If the vehicle is returned earlier than the original term, no refund will be provided.
RETURN OF VEHICLE
The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the branch detailed on the front of this agreement or the owner's agent at the agent's place of business, or obtain the owner's consent to the continuation of hire. Please note NO REFUND is available to the hirer if vehicle is returned earlier than scheduled. The vehicle is to be returned in clean and tidy condition or full detailing fees apply. Vehicle is to be returned with full tank of fuel: if not filled with fuel a $50 administration fee will apply in addition to the cost of fuel. If not returned to the branch detailed a relocation fee will be charged.
If the hirer does not return the vehicle at the agreed date/time, to the agreed location, the owner will report the vehicle as stolen to the police. The hirer must compensate the owner the full cost of the vehicle and any additional costs and losses incurred up to the time that the vehicle is recovered by the owner.
EXCHANGE RATE FLUCTUATIONS
All transactions are conducted in New Zealand currency. Due to exchange rate fluctuations, there could be some variation on the actual charges on the hirer's credit card. RENTALCARS247 is not liable for such variations.
If a reservation is cancelled, the deposit is nonrefundable. In case of no shows no refund will be provided.
RELEASE AND INDEMNITY OF RENTALCARS247 RENTALS
The Hirer agrees to indemnify Rentalcars247 from & against all actions, claims, demands, losses, damages, costs (including Rentalcars247 own solicitor and client costs), expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement or any reckless or negligent act, error or omission of the Hirer or any driver or passenger of the Vehicle.
Rentalcars247 has collected information from the Hirer for the purposes of assessing the Hirer’s request to hire a motor vehicle and completing this Rental Agreement.
The Hirer acknowledges that we will collect, hold and use the Hirer’s personal information for purposes related to the hire of the Vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by us. We may also disclose personal information to its related companies and agents for these purposes.
The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies and/or the Hirer’s Credit Card provider in the event that the Hirer defaults on the payment of any monies owing to us or other parties involved in an accident with the Vehicle during the Hire Period, or any organizations responsible for issuing, processing or handling traffic and/or parking related infringements and/or fines or any petrol stations in relation to non-payment for goods and services, and the Hirer authorizes the disclosure of his or her personal information for such purposes.
Rentalcars247 may use GPS or tracking device to enable the geographical location of the vehicle. The hirer consents Rentalcars247 during the term of the hire, Rentalcars247 will enable this tracking device.
Under the Privacy Act 1993, individuals have rights of access to and correction of their personal information.
NOTE TO HIRER: THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE AT ALL TIMES AND MUST BE PRODUCED ON DEMAND TO ENFORCEMENT OFFICER.