AGREEMENT TO HIRE A RENTAL VEHICLE
An agreement made between the owner and the hirer, whose particulars are entered in this agreement. It is hereby agreed as follows:
1. The owner will let and the hirer will take on hire the motor vehicle described in this agreement.
DURATION OF HIRE
2. The term of the hire shall be for the period as described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons described in this agreement and only if such person holds a current driver's license (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 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 this agreement.
6. In addition to the payment referred to in clause 4 and clause 5 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. The total distance that the hirer may run the vehicle during the period of hire shall not exceed the number of kilometres specified 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.
8. The hirer shall ensure that:
(a) The water 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.
9. 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.
10. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he/she might have to the owner in respect of loss or of 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 authorised to drive the vehicle are indemnified to the extent of $NZ250000 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.
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 which affects his/her 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 the 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) Any damage caused to the vehicle above the height of the windscreen or third party damage too property caused by the vehicle above this height is excluded from our cover and will be the responsibility of the hirer.
(e) 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's license appropriate for that vehicle;
(f) The vehicle is wilfully 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 wilful or reckless behaviour of the hirer or any such person;
(g) The vehicle is operated on any of the following roads: Skipper's Canyon Queenstown; Ball Hut Access Mt Cook; Crown Range Queenstown; unsealed section of SH1 far north beyond Waitiki Landing; all beaches
(h) The vehicle is operated outside the term of hire or any agreed extension of that term.
It is agreed between the owner and 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.
(I) Any insurance claim received by any other party after the termination of the hire where the hirer has not advised the company will be deemed to be a claim against the hirer.
The owner shall supply the vehicle in a safe and roadworthy condition.
12. 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 virtue of clause 7 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
13. 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 or telegram as soon as practicable.
14. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
15. 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.
16. Punctures, glass and headlights are at the hirer's expense.
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 the knowledge of the owner for use in passenger service licensed under part VII 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/her authority;
(c) operate the vehicle, or permit it to be operated, in circumstances that constitutes an offence by the driver against Section 58 of the Transport Act l962 (which relates to driving or attempting to drive with excess breath or blood alcohol 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 Trade Regulations 1976 or any other Act, regulations or bylaws 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 certificate of loading for the vehicle;
(h) drive or permit the vehicle to be driven by any person if at the time of his/her driving the vehicle the hirer or other person is not the holder of a current driver's license 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 the owner's place of business or the owner's agent at the agent's place of business, or obtain the owner's consent to the continuation of hire.
IMMEDIATE RETURN OF 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 prejudice to the other rights of the owner and the rights of the owner and the rights of the hirer under this agreement or otherwise.
NOTE TO THE HIRER
The owner must give you at least one copy of this agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any Police Officer, an Officer or any other authorised employee of the Land Safety Transport Authority.