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This rental agreement is made between the parties hereinafter called the ‘owner’ of the vehicle Automotion Limited and the ‘hirer’ whose full name and address appears as ‘hirer’ on the reverse side. It is hereby agreed as follows:
VEHICLE DESCRIPTION
1.) The owner will let and the ‘hirer’ will take hire the motor vehicle described in this agreement
DURATION OF HIRE
2.) The term of hirer shall commence and cease at the time and dates described under ‘Hire Details’ on the reverse side hereof.
PERSONS WHO MAY DRIVE VEHICLE
3.) The vehicle may be driven during the period of hire only by the person named on the reverse side hereof, and only if they hold a current drivers license appropriate for the vehicle at the time they are driving the vehicle. (This clause is deleted where the hirer is a Body Corporate or Government department).
PAYMENT BY HIRER
4.) The hirer shall pay to the owner as payment 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.
5.) 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
6.) 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.
7.) The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
HIRER’S OBLIGATION
8.) The hirer shall ensure that –
a.) The water in the radiator and the battery of the vehicle is
maintained at the proper level
b.) The oil in the vehicle maintained at the proper level
c.) The tyres are maintained at the proper pressure
9.) The hirer shall ensure that all responsible care is taken in handling
and parking the vehicle and that it is left securely locked when not in
use.
INSURANCE
(Clause 10 shall be deleted if the hirer chooses to refuse the insurance and signs acceptances referred to as “Rejection of Insurance” on the reverse side hereof)
10.) Subject to the exclusion set out below the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss 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 other driver authorized to drive the vehicle is indemnified to the extent of the value of any claim in respect of any liability he 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.
EXCLUSIONS
11.) The indemnities referred to above shall not apply where the damage, injury or loss arises when:
a.) The driver of the vehicle is under the influence of alcohol or any drug that affects their ability to drive the vehicle.
b.) 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.
c.) The vehicle is operated in any race, speed test, rally or contest.
d.) The hirer is not a body corporate or government department and the vehicle is driven by any person not named on the reverse side hereof being the person or persons authorized to drive the vehicle in accordance with clause 3 of this agreement
e.) The vehicle is driven by any person who at the time when they drive the vehicle is disqualified from holding or has never held a drivers license appropriate for that vehicle.
f.) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of this agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the willful or reckless behaviour of the hirer or any such person.
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g.) The vehicle is operated on any of the following roads:
Ninety Mile Beach (Northland) or any other beach
Ball Hutt Road (Mt Cook)
Crown Range Road (Queenstown) Highway 89
Skippers Road (Queenstown)
Private access roads to ski fields
h.) 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 1f1 of the Insurance law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance
OWNERS OBLIGATION
12.) The owner shall supply the vehicle in a safe and roadworthy condition.
13.) The owner shall be responsible for all ordinary and extraordinary cost of running the vehicle during the term of hire except to the extent that by the terms of the agreement those costs are payable by the hirer.
NOTE: by virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil used during the term of hire is the responsibility of the hirer
MECHANICAL REPAIRS AND ACCIDENTS
14.) If the vehicle is damaged or requires repairs or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone, or email, fax as soon as practicable.
15.) 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.
16.) 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, and transmission, braking or suspension systems of the vehicle.
USE OF THE VEHICLE
17.) 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 knowledge of the owner for use in a passenger service licensed under Part V11 of the Transport Act 1962 or exempted from licensing under that Act.
18.) The hirer shall not –
a.) Sublet or hire the vehicle to any other person
b.) Permit the vehicle to be operated outside his authority
c.) 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 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug)
d.) Operate the vehicle or permit it to be operated in any race, speed test, rally or contest
e.) Operate the vehicle or permit it to propel or tow any other vehicle
f.) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations or bylaws relating to road traffic
g.) 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 for the vehicle
h.) Drive or permit the vehicle to be driven by any person of at the time of their driving the vehicle the hirer or other person is not the holder of a current drivers licence appropriate for the vehicle
RETURN OF THE VEHICLE
19.) The hirer shall at or before the expiry of the term of hire, deliver the vehicle to Rent Me Rentals address detailed on the reverse side hereof, or obtain the owners consent to the continuation of hire. At the time or termination the Hirer will be liable for damage found during grooming and inspection of the vehicle.
19a.) Our vehicle is rented to you in a tidy/clean condition. A grooming charge will apply if in our view, the vehicle is returned in a very untidy/unclean condition.
19b.) EARLY RETURNS of the vehicle may incur a penalty and/or a
recalculation of the daily rate. Any refund is solely at our discretion.
IMMEDIATE RETURN OF THE VEHICLE WHERE DEFAULT OR DAMAGE
20.) 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 this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudge to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
21.) In the event that an accident renders the vehicle unroadworthy, the Owner will make no refund of unused hire period and the provision of a replacement vehicle shall be at the Owners sole discretion. In these circumstances the Owner shall not be responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location, or be responsible for any accommodation costs.
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