TERMS & CONDITIONS

TERMS AND CONDITIONS OF RENTAL AGREEMENT TO HIRE RENTAL VEHICLE

The rental agreement comprises of these terms and conditions and those on the rental document setting out the hire details included in this rental jacket. This rental agreement is made on the date specified between the owner and the hirer.

RATES AND CONDITIONS

1. Rates and Conditions quoted in our brochure, webpage and/or documentation are subject to change without notice. However, (subject to changes in legislation or errors) we will not alter rates or conditions applicable to your rental once your booking has been confirmed by smartcars. Please note all prices are quoted and payable in New Zealand dollars.

VEHICLE DESCRIPTION

2. The owner will let and the hirer will hire the motor vehicle described in the rental agreement enclosed. Hereinafter referred to as “the vehicle”.

DURATION OF HIRE

3. The term of hire shall be for the times and dates as stated in the Rental Agreement.

PERSONS WHO MAY DRIVE THE VEHICLE

4. The vehicle may be driven during the period of hire only by the person named on the rental agreement or in a supplementary driver’s sheet attached to this agreement and only if they hold a current full valid driver’s license appropriate for the vehicle at the time when they are driving the vehicle.

PAYMENTS BY THE HIRER

5. The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in the rental agreement. The minimum rental charge is 24 hours. Extra hours are charged at one third the daily rate to a maximum of three hours, after which a full day will be charged. If the hirer is under 25 years of age, they may incur a surcharge.
6. In addition to the payment specified in clause 5 of this agreement the hirer shall pay to the owner the sums as specified in the rental agreement for each day or part of a day for the insurance cover set out in clause 16 of this agreement.
7. In addition to the payment specified in clause 5 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate specified in the rental agreement for every kilometre run.
8. The hirer shall pay for all petrol and other fuel (but not oil) used in the vehicle during the period of hire.

VEHICLE SECURITY BOND

9. A bond is required for all hires. On pick-up of the vehicle, the hirer agrees to leave a signed credit card imprint as bond for the vehicle. The hirer authorizes smartcars to deduct the vehicle bond any amount due by them to smartcars arising out of the agreement.
10. The bond imprint is a guarantee that the vehicle will be returned on time, to the correct location, undamaged, with a clean interior with full fuel tanks.
11. Smartcars retains the right to retain a $100 soiling fee if the vehicle is not returned with the interior in a clean condition.
12. Failure to return the vehicle with a full fuel tank will result in refill charges, which will be advised on return of the vehicle.
13. The owner reserves the right to bank the bond excess for a period of up to three months after the termination of the hire agreement to cover the cost of un-notified parking or speeding infringements and road tolls or damage to third parties or their property.

HIRER’S OBLIGATION

14. The hirer shall ensure that:
(a). The water in the radiator and battery of the vehicle is maintained a the proper level;
(b). The oil in the vehicle is maintained at the proper level;
(c). The tyres are maintained at their proper pressure
15. 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.

INSURANCE

The following clause 16 shall not form part of this agreement if the hirer has signed the rejection of insurance section of the rental agreement.
16. 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 or she 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 driver authorized to drive the vehicle are indemnified to the extent of $2,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the vehicle.

EXCLUSIONS

17. 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 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, or operated on any race or ally circuit.
(d). The hirer is not a body corporate or department of State and the vehicle is driven by any person not named on the rental agreement, or in supplementary named drivers sheet attached to this agreement (being the person or persons authorised to drive the vehicle in accordance with clause 4)
(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 licence appropriate for the vehicle.
(f). The vehicle is wilfully or recklessly damaged (including sitting or standing on bonnet or roof of vehicle) by the hirer or any other person named in clause 4 of this agreement, or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person.
(g). The vehicle is operated on any of the following roads; Tasman Valley Road (Mt Cook), Skipper’s Canyon (Queenstown), Ninety Mile Beach (Northland), or any unformed roads, including beaches, i.e. roads other than tar seal and metal.
(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. In general this provision means that 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 referred to under the exclusion clause. The hirer acknowledges by the signing of the Rental Agreement that the hirer is aware of the above exclusions.

HIRER’S LIABILITY

The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading “Hirer’s Liability” on the rental agreement. This does not apply to damage or loss resulting from fire or from theft of conversion or attempted theft of vehicle.

REJECTION OF INSURANCE

18. If insurance is rejected, the hirer accepts by signing the front of the enclosed rental agreement that the vehicle is hired at the hirer’s own risk in respect of loss or damage to the vehicle and consequential loss by the owner, the hirer accepts by signing the rental agreement that he or she may be liable to the owner for damage to or loss of the vehicle and consequential loss. Is insurance is rejected the hirer accepts by signing the rental agreement that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any other persons property.

OWNERS OBLIGATIONS

19. The owner shall supply the vehicle in a safe and roadworthy condition.
20. 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: By the virtue of clause 14 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.

MECHANICAL REPAIRS AND ACCIDENTS

21. Inherent vehicle mechanical faults receive free roadside assistance. A fee will be charged before the service carries out for all other roadside assistance call outs including refuelling, jump start, tyre related incidents, lost keys and keys locked in the vehicle.
22. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner the full circumstances via telephone as soon as possible.
23. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner (this includes purchasing a replacement tyre) except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or other property.
24. 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.

USE OF THE VEHICLE

25. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or rewards unless the vehicle is hired with the knowledge of the owner for use in passenger service licensed under Part 1 of the Transport Licensing Act 1989.
26. 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 sections 56, 57 and 58 of the Land Transport Act 1998 (which related to the origin under the influence of drink or drugs)
(d). Operate the vehicle or permit it to be operated in any race, speed test, rally or contest, or operated on a race or rally circuit.
(e). Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Land Transport Act 1998, the Traffic Regulations Act 1976, or any other Act, regulations or bylaws relating to road traffic
(f). 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
(g). Drive or permit the vehicle to be driven by any person if at the time of his or her driving the vehicle, the hirer or other person is not a holder of a current full valid drivers licence appropriate for the vehicle
(h). Operate the vehicle or permit it to be operate to propel or tow any other vehicle
(i). Transport any animal in the vehicle (with the exception of guide dogs for visually impaired people)

GPS – (SATELLITE NAVIGATION UNIT)

27. Due care should be taken with the device while rented from the owner. Do not leave the unit in sight when the vehicle is unattended.
28. The hirer is liable for total loss, missing or damage to the GPS unit, mount, charger and carry case to a maximum charge of NZD$300.00 inc GST.
29. The owner is not responsible for any harm, damage, loss or misadventure that occurs as a result of the use or misuse of the GPS unit.
30. The hirer agrees to follow all safety and usage guidelines provided by the manufacturer and the owner.

RETURN OF THE VEHICLE

31. The hirer shall, at or before the expiry of the term of the hire, deliver the vehicle to the agreed rental location described in the rental agreement enclosed or obtain the owner’s consent to the continuation of the hire.

IMMEDIATE RETURN OF THE VEHICLE WHERE DEFAULT OF DAMAGE OCCURS

32. The owner shall have the right to terminate the hire and take immediate possession of the vehicle if 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.

PARKING OR SPEEDING IMFRINGEMENTS

33. All penalties relating to parking and/or traffic offences and road tolls are the responsibility of the renter. An administration fee of $50 including GST will be applied to process these infringements.

NOTE TO THE HIRER

The owner must give you at least one copy of the rental agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any Police Officer, Traffic Officer, or other authorized employee of the Ministry of Transport.

top