Speaking of terms and conditions, when Julia hired a van from Bargain Rentals I remember how excssivly long they were, and we definitely didn't read them. I found them online, all 4,294 words, thats 19,957 letters. They crammed them all onto an A4 piece of paper, just one side too. That's 1mm high!! Now tell me who can or would read this in detail before signing and taking the vehicle they were hiring. This gives you an idea of what it looks like.
In this agreement made between the owner and the hirer it is acknowledged and agreed as follows:
Vehicle Description
1. The owner will let and the hirer will take on hire the motor vehicle described herein and referred to as the vehicle.
Duration of Hire
2. A term of the hire shall be as set out in this agreement.
Persons Who May Drive Vehicle
3. The vehicle may be driven during the period of hire only by the persons named in this agreement and only if they hold a current driver's licence appropriate for the vehicle at the time they are driving the vehicle.
a) Should the vehicle be driven by any driver who is not named in this agreement (unless the hirer is a body corporate) and the vehicle is damaged by that driver then clause 15 d) shall apply and the hirer becomes liable for all costs of salvage, repair and any third party damages, which costs shall become immediately due for payment (refer clause 19).
Payments by the Hirer
4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in this agreement the sum detailed in this agreement.
a) The hirer agrees to pay all overdue time charges at $10 per hour.
5. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner the sum detailed in this agreement for the insurance cover set out in clauses 14-19 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 hire a distance charge at the rate detailed in this agreement per kilometre for every kilometre should this be applicable.
7. The hirer shall pay for all petrol, diesel or other fuel (but not oil) used in the vehicle during the period. The hirer is required to refuel the vehicle just prior to return and maintain receipts to avoid refuelling charges.
8. Should the vehicle not be returned full of fuel a $50.00 refuelling charge will apply. This is in addition to the actual cost of the fuel required to fill the tank.
9. Should an infringement or non-payment of road toll notice be received during the period of the hire and the infringement or toll charge not be paid by the hirer, a $150.00 processing fee per infringement shall apply in addition to the infringement and/or toll fee cost. The hirer agrees to pay and have the processing and infringement fee charged to the hirer's nominated credit card for all offences relating to:
An offence detected by approved vehicle surveillance equipment that is:
a) A speeding offence; or
b) An offence in respect of failure to comply with he directions given by a traffi c signal; or
c) A toll offence; or
d) Parking in any portion of a road or in breach of any bylaw of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004. The owner undertakes to send a copy of the infringement notice and a copy of the reminder notice as soon as is practicable, but within 15 working days, and acknowledges the hirer's right to challenge, complain about, query or object to the alleged offence to the Issuing Enforcement Authority; and the hirer's right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice). The owner shall forward the infringement notice within 15 working days of receipt of a reminder notice and a copy of the hire agreement to the nominated address of the hirer. On this date the infringement fee and processing charge will be charged to the hirer's nominated credit card. Alternatively the owner may elect to apply for transfer of the notice. Should this occur the Issuing Enforcement Authority willforward the notice directly to the hirer who can then respond directly to that Authority upon receipt, and only the processing fee will be deducted on the hirer's credit card.
10. The hirer acknowledges that they must pay on demand from the owner any amount which they are liable for under the rental agreement, in respect of a breach of the agreement or for damage or loss to the vehicle or third party property.
Hirer's Obligations
11. The hirer or driver 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 is maintained at the proper level
c) The tyres are maintained at the proper pressure
d) The correct grade of fuel is put into the vehicle
e) The vehicle is returned in a clean and tidy condition otherwise a cleaning fee will apply
f) The warning lights are fully obeyed at all times
g) They generally do all things necessary to keep and maintain the vehicle in its current state and condition (fair wear and tear accepted)
h) They comply with any applicable seat belt and child restraint laws
i) They do not smoke in the vehicle, or allow passengers to smoke in the vehicle; otherwise a cleaning fee will apply.
12. Should any malfunction of the vehicle occur, any sign of overheating, you must stop the vehicle immediately or you will be held liable for all repairs and consequential losses.
13. 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, and the keys are under personal control at all times, and produce such keys if the vehicle has been stolen.
Insurance
14. The hirer shall pay to the owner the amount of the insurance excess which applies for the vehicle (as shown on the front of this agreement) for each and every accident/incident that occurs during the hire period. Such payment shall be immediately due once the hirer advises the owner of any damage.
15. The hirer acknowledges and approves that any charges referred to in clause 14, shall be debited to the credit card provided for all payments relating to this agreement. Should the nominated credit card be declined then the hirer shall immediately provide an alternative credit card or method of payment.
16. Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is indemnifi ed in respect of 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 consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with 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 is indemnifi ed to the extent of $250,000.00 in respect of 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.
Exclusions
The indemnities referred to above shall not apply where the damage, injury or loss arises where: a) The driver of the vehicle is under the infl uence of alcohol or any drug that affects his or 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 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 department of state and the vehicle is driven by a person not named in clause 3 of the agreement
e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualifi ed from holding or has never held a driver's licence appropriate for that vehicle
f) The vehicle is wilfully or recklessly damaged by the hirer or any person named in clause 3 of the agreement or driving the vehicle under the authority of the hirer or is lost as a result of the wilful or reckless behaviour of any such person
g) The vehicle is operated on any of the following roads or areas Skippers Road (Queenstown) Ball Hutt (Mt Cook) Ninety Mile Beach (Northland) or any other beach Any unsealed private road
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 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer is liable in respect of the damage or loss referred to in the insurance cover shown over (including when the collision damage reduction clause has been taken) unless the vehicle is involved in a single car accident or is driven in a reckless and/or careless and/or dangerous manner the hirer is liable for the fi rst $2000 of damage or loss. In any incident that breaches the owner's insurance cover the hirer agrees they are liable for all costs incurred. Any authorised driver under the age of 25 years cannot be eligible for the collision damage reduction.
17. Should the hirer not elect to take the Collision Damage Reduction (CDR) cover at the commencement of the hire, CDR cannot be added to the agreement once the hire commences under any circumstances.
18. In the event of personal property being stolen from or attempted to be stolen from the vehicle and the vehicle is damaged during the course of these events, the hirer shall be liable for any insurance excess applying to the vehicle or for the costs of repairs to the vehicle, whichever may be applicable.
19. Insurance does not cover hirer for and the hirer is fully liable for: a) The cost of repairing overhead or roof damage caused by contact between the vehicle and objects overhanging or obstructing the path of the vehicle or if damage is caused by persons placing objects on the roof of the vehicle
b) The cost of repairing any under body damage, and any resulting damage from that under body damage, including mechanical damage to the vehicle
c) The cost of repairing any water damage caused by the immersion of the vehicle in water
d) Any damage caused to the vehicle through the use of tyre chains.
The hirer acknowledges by the signing of this agreement that they are aware of all the exclusions and damage not covered by insurance, and are immediately liable for payment.
Rejection of Insurance (if accepted by owner in writing)
20. The hirer must satisfy the owner that he or she has adequate insurance cover that is comparable with the insurance cover offered by the owner; otherwise the owner has the right to refuse to hire the vehicle to the prospective hirer. The hirer is to provide written proof of both policy coverage and payment of premium when he or she has nominated their own insurance cover.
21. The hirer accepts that if the vehicle is hired to him or her at his or her own risk in respect of loss or damage to the vehicle and consequential loss by the owner, the hirer accepts that he or she may be liable to the owner for any loss or damage to the vehicle and consequential loss.
Owner's Obligations
22. The owner shall supply the vehicle in a safe and roadworthy condition
23. 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.
24. The owner shall at the request of the hirer fi t an approved child restraint device in accordance with best practice. However it shall be the fi nal and ultimate responsibility of the hirer to ensure that they are satisfi ed as to the fi tment. Final responsibility for safety of the passenger and the restraint rests solely with the hirer.
25. If the vehicle is fi tted with a tail-lift device the hirer acknowledges that they have been given by the owner clear verbal instructions as to its safe use and limitations.
26. Whilst all care is taken by the owner to ensure watertightness of storage areas on the vehicle it is the sole and fi nal responsibility of the hirer to ensure that watertightness meets the hirer's intended use. The owner does not guarantee that vehicles/trailers are watertight.
27. Except as provided for at law, the owner is not liable to any person, and you indemnify the owner, for any loss of, damage to, any property: stolen from the vehicle or otherwise lost or damaged during the rental; or left in the vehicle after the return of the vehicle.
28. The owner shall not be responsible for the state and condition of any property found in the vehicle after the vehicle's return. Any person claiming the return of such property is required to furnish the owner satisfactory proof of ownership.
Mechanical Repairs and Accidents
29. If the vehicle is damaged or requires repair or salvage whether because of an accident or breakdown, the hirer shall advise the owner or his agent of the full circumstances by telephone as soon as possible.
30. The owner shall be permitted to have 48 hours in which to repair or replace the vehicle in the event of a mechanical breakdown.
31. The hirer shall not arrange or undertake any repairs or salvage without the written authority of the owner except to the extent that the repairs are necessary to prevent further damage to the vehicle or other property.
32. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or except in emergency, any part of the engine, transmission, braking or suspension system of the vehicle.
33. The hirer is responsible for any punctures, tyre or rim damage that occurs during the term of the hire.
34. In the event of an accident any replacement vehicle will be provided at the sole discretion of the owner. If a replacement vehicle is provided then any cost for the supply of the replacement vehicle will be at the hirer's expense. Use of the Vehicle
35. 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 licence under part 4A of the Transport Act 1962 or exempted from licensing under that Act.
36. 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 infl uence of drink or drugs)
d) Operate the vehicle or permit it to be operated to propel or tow any other vehicle except a trailer which does not exceed the weight limits of the towbar and the vehicle
e) Operate the vehicle in any race, speed test, rally, contest, for pace notes, or on any closed road or non-public roadway
f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffi c 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 certifi cate of loading for the vehicle
h) Drive or permit the vehicle to be driven by any person if at the time of his driving the vehicle the hirer or any other person is not the holder of a current driver's licence appropriate for the vehicle
i) Use the vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government regulations and in accordance with the vehicle manufacturer's specifications
j) Allow or permit the vehicle to be used for any illegal purpose k) Transport any animal inside the vehicle (except with the permission of the owner and subject to all necessary approvals, permits, licences and government requirements). An additional cleaning charge will apply
l) Except with the owner's written permission use the vehicle to carry any flammable substance which has a fl ash point of less than 23 Degrees Celsius or any explosive or corrosive substances.
Return of the Vehicle
37. In the event that the hirer wishes to terminate the agreement earlier than the date and time stated, there is NO OBLIGATION to provide a refund for the balance of the hire period. Any refund or amendment to the hire rate is at the sole discretion of the owner.
38. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the owner or his agent at the location address detailed in the agreement or obtain the consent of the owner or agent to the continuation of the hire.
39. When the vehicle is left at any other place than the branch location then termination of the agreement shall be when the vehicle has been collected, returned to the branch location and inspected. The hirer acknowledges that they shall be responsible for the vehicle up until the time of termination.
40. Should the vehicle be returned dirty, then the hirer shall be asked to clean the vehicle prior to the vehicle being inspected and checked in. Alternatively the vehicle shall be inspected and checked in once the owner has cleaned the vehicle.
41. If the drop off point varies from that agreed then additional charges may apply.
42. If you return the vehicle to any place other than a branch location (including, but not limited to; airports, motels, hotels, hostels, private addresses) it will be deemed to have been returned only when the vehicle is returned to a branch location. The hirer will be responsible for the vehicle until such time as the vehicle is deemed to have been returned and the hire terminated. The hirer will be responsible for all additional charges which may apply.
Immediate Return of the Vehicle where Default or Damage
43. 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 his 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.
44. Breaches of the rental agreement shall result in the hirer paying for:
a) All costs to rectify the vehicle to its original condition or replacement of the vehicle; and/or
b) Loss of rental revenue to the owner; and/or
c) Damage to third party property being the hirer's full responsibility; and/or
d) All reasonable costs for towing, storage and recovery of the vehicle.
Payment is due immediately upon demand from the owner.
Title and Security (Personal Property Securities Act 1999) (when applicable)
45. The hirer gives the irrevocable authority to the owner to enter any premises occupied by the hirer or on which the vehicle is situated at any reasonable time after default by the hirer or before default if the owner believes a default is likely and to remove or repossess the vehicle and any other property which has been supplied by the owner. The owner shall not be liable for any costs, damages, expenses or losses incurred by the hirer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Where the vehicle is reclaimed by the owner pursuant to clause 45 the hirer waives the right to receive notice under s.120 of the PPS Act 1999 and to object under s.121 of the PPSA.
46. The following shall constitute defaults by the hirer:
a) Non-payment of any sum by the due date.
b) The hirer intimates that it will not pay any sum by the due date.
c) The vehicle is seized by any other creditor of the hirer or any other creditor intimates that it intends to seize the vehicle.
d) The hirer is bankrupted or put into liquidation or a receiver is appointed to any of the hirer's assets.
e) A court judgement is entered against the hirer and remains unsatisfi ed for seven (7) days.
f) Any materially adverse change in the fi nancial position of the hirer.
47. If the Credit Repossession Act applies to any transaction between the hirer and the owner, the hirer has the rights provided in the Act despite anything contained in this agreement.
Privacy Clause
48. The hirer acknowledges that the information provided on this form (“the information”) will be held by the owner and agrees that the information may also be held by
a) The operator from whom the vehicle was hired
b) Any company related to the owner
49. The hirer agrees that the information may also be used for the purposes of
a) Considering the market for the owner's vehicles
b) Making available to you information relating to the owner's services, the owners products and services and the services of any company related to the owner.
50. The hirer understands that unless advised in writing to the contrary they have “opted-in” and he or she may request access to the information held by the owner and may request that the information be corrected if the hirer considers the information is wrong or advise that they wish to opt-out.
Default Clause
51. The hirer undertakes to pay any monies owing in full on demand. In default of such prompt payment the hirer undertakes to pay late payment fees of 2.5% per month, calculated daily on any amount outstanding and to indemnify the owner and pay all costs and expenses on a solicitor and own client basis if legal action is necessary, and/or any collection agency fees, which the owner may incur in recovering any overdue or outstanding amounts of monies.
Retention of Goods and Personal Effects
52. The hirer agrees that if the vehicle is picked up by the owner or the owner's representative when the hirer is in default of the agreement, all personal effects left in the vehicle may be held/sold to recover any costs incurred under this agreement whatsoever they may be.
Applicable Law
53. The law of New Zealand governs these terms and conditions of hire.
Dispute Resolution
54. If you believe that there has been an error in your account or if the amount charged is unreasonable you must notify the manager of the branch from where your hire commenced and submit within twenty (20) working days your complaint in writing providing exact details of your complaint together with any evidence in support of your complaint. If as a result of the owner's investigation that:
a) Your account has been incorrectly debited the owner will respond by arranging to adjust your account by crediting your account and will notify you in writing; or
b) Your account has been correctly debited the owner will respond by providing you with reasons and furnish you with any evidence for this finding.
55. If you are still dissatisfi ed and have further queries, you must notify the owner in writing within seven (7) working days and a meeting will be arranged as soon as practicably possible between the senior executives in an attempt to resolve the dispute.
Refunds
56. The owner will pay any refund due by such method as the owner may reasonably choose.
GPS UNITS
57. The owner holds your request for GPS with your reservation however cannot guarantee availability until rental pickup.
58. Reliability of directions is subject to software provided by the supplier.
59. The hirer is responsible for all costs in the event of lost, stolen or damaged GPS navigation units and/or any of its components.
60. The hirer agrees to release and hold the owner harmless for any GPS unit failures.
Credit Card Authorization
61. The hirer/cardholder agrees that if he/she has presented a credit charge card by way of bond or payment for this agreement, that any actual or consequential liability arising out of this agreement may be billed directly to this credit card, and that the cardholder's signature will be deemed to have been made on the appropriate charge voucher.
Vehicles that are covered by our Breakdown / Roadside assistance service
62. A fee may apply and will need to be paid directly to the callout agent if it is found, at the agent's discretion, to be the hirer's error or a non-mechanical fault.
Examples but not limited to: Lights left on, Keys locked in car, Wrong fuel filled.
NOTE: - by virtue of clause 7 of this agreement the cost of petrol, diesel and other fuel but not oil, used during the term of the hire is the responsibility of the hirer.
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