CONDITIONS OF HIRE
1. DRIVERS:
The vehicle may be driven during the period of hire and only by the persons
named on the rental contract, and only if they hold a current drivers
license appropriate for the vehicle at the time when they are driving the
vehicle. All drivers must be over 25 years of age and under 79 years of age.
A valid driver's license must be produced by all registered drivers.
2. RENTAL PERIOD:
Day of pickup and day of drop off are each counted as days of rental. When a
rental period moves into another rental period then both period rates are in
effect pro-rata.
3. DEPOSIT AND BOND:
The hirer shall pay 25% of the hire fee in advance upon booking. The
remainder is payable 30 days prior to pickup. Reservations made within 30
days of hire require full payment when booking.
The hirer shall pay the sum of NZ $1200.00 as bond, which is held until the
return of the vehicle and will be used to cover insurance excess, should an
accident happen, or damage to the vehicle of any sort. The liability of the
hirer is limited to this $1200.00. Insurance cost is included with the daily
rate.
4. CANCELLATION POLICY:
If cancelled from 7 days to 29 days prior to pick up hirer will forfeit the
deposit of 25% of hire fee. If cancelled from 1 day to 6 days prior to
pickup hirer will forfeit 50% of gross rental. If cancelled on the day of
pick up or no show, hirer will forfeit 100% of gross rental.
5. FUEL:
The hirer shall pay for all petrol or other fuel (but not oil) used in the
vehicle during the period of hire. The vehicle is supplied with a full fuel
tank and must be returned with a full fuel tank.
6. OBLIGATIONS OF CARE:
The hirer shall ensure that:
(a) The appropriate coolant in the radiator and battery of the vehicle is
maintained at the proper level;
(b) The oil in the vehicle is maintained at the proper level;
(c) The tyres are maintained at their 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 unattended.
7. INSURANCE:
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 or she might have to the owner in respect to 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 driver authorized
to drive the vehicle, is indemnified to the extent of, without limit, 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.
8. EXCLUSIONS:
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 his or her ability to drive the vehicle.
(b) The vehicle is in an unsafe or un-roadworthy 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 un roadworthy 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 dept. of state and the vehicle is
driven by any person not named in clause three of this agreement;
(e) The vehicle is driven by any person who at the time when he or she
drives the vehicle is disqualified from holding or has never held a driver's
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 the result of wilful or
reckless behaviour of the hirer or any such person;
(g) The vehicle is operated on any of the following roads;
- All roads north of Colville Township on Coromandel peninsula.
- 309 Road between Coromandel/Whitianga.
- Metal roads in other parts of New Zealand.
- No vehicle shall be driven on Skipper's Road(Queenstown), any beach, Ball
Hutt Rd (MT Cook).
This is for the safety of all concerned, as these roads can be dangerous to
drive on.
(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 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 general effect of this provision is that an exclusion will not apply if
the hirer proves on the balance of probability that the damage or loss was
not caused or contributed to by the matters to which the exclusion refers.
9. HIRERS LIABILITY:
The hirer acknowledges that he or she shall be liable for the first $1200.00
of the damage or loss referred to in the insurance cover specified in this
clause.
10. OWNERS OBLIGATIONS:
(a) The owner shall supply the vehicle in a safe and roadworthy condition.
(b) The owner shall be responsible for all ordinary and extraordinary costs
of running the vehicle during the term of hire except that by the terms of
this 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 this hire is the responsibility
of the hirer.
11. MECHANICAL REPAIRS AND ACCIDENTS:
(a) 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 practical.
(b) 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 other property.
(c) 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.
12. 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 1989.
The hirer shall not-
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated outside his or her 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
(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 be operated 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 goods
specified in the cert of loading for the vehicle;
(h) 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
drivers license appropriate for the vehicle.
13. RETURN OF VEHICLE:
The hirer shall, at or before the expiry of the term of hire, deliver the
vehicle to the location agreed upon before the rental or obtain the owners
consent to the continuation of the hire.
14. IMMEDIATE RETURN OF VEHICLE WHERE DAMAGE OR DEFAULT:
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 prejudice to the
other rights of the owner and the rights of the hirer under this agreement
or otherwise.
15. VEHICLE CONDITION:
At the time of pick up, a vehicle inspection is done by both hirer and
hiree.
16. RENTAL EXTENSION:
Rental extension can only be granted on request. Any non authorized rental
extension may incur penalty fees.
17. TRAFFIC INFRINGEMENTS:
The renter is responsible for ALL traffic and parking infringements.
Administration/processing fee of $50.00 applies.
18. LIMIT OF LIABILITY:
In the event that no vehicle or alternative vehicle is available to the
renter our liability is limited to a full refund of the hire charge.
19. AMENDMENTS TO BOOKINGS:
If within 7 days of pick up a booking is shortened the original number of
days will be charged for.
20. AMENDMENT OF DROP OFF:
If the vehicle is returned at an earlier day than booked there is no refund.
21. STANDARD LIABILITY AND INSURANCE EXCESS:
A standard liability of $1200.00 is part of the rental contract. The hirer
is responsible for insurance excess of $1200.00 and applies per each and
individual claim.
~~~
Gannett Motorhomes Ltd
300 Buffalo Rd
Coromandel, New Zealand
ph. +64 7 866 8248
email: info@gannett.co.nz
