An agreement
made between the owner and the hirer and/or
authorised drivers whose particulars are entered.
It is hereby agreed as follows:
VEHICLE DESCRIPTION
|
|
1. |
The owner
will let and the hirer will take on hire the
motor vehicle described in the agreement.
|
| |
|
DURATION OF HIRE
|
|
2. |
The term
of hire shall be for the period as described
in this agreement. No extension of hire permissible
without authority from Darn Cheap Rentals.
|
| |
|
|
PERSONS WHO MAY DRIVE THE
VEHICLE |
| |
|
|
3. |
The vehicle
may be driven during the period of hire only
by the persons described in this agreement and
only if each such person holds a current drivers
licence 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 clause 10 of this
agreement, if applicable. |
| |
|
|
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 if
applicable. |
| |
|
|
7. |
The hirer
shall pay for all petrol or other fuel (but
not oil) used in the vehicle during the period
of the hire. ( Receipts for oil purchases required
for reimbursements). |
| |
|
|
HIRERS OBLIGATIONS
|
| |
|
|
8. |
(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 the proper pressure.
|
| |
|
|
9. |
(a) The
hirer shall ensure that all reasonable care
is taken in handling and parking of the vehicle
and that it is left securely locked when not
in use. |
| |
(b) Any
tyre damage including puntures is responsibility
of the hirer. |
| |
(c) Late
returned vehicle charges 20% daily rate per
hour for first four hours then a further days
rental charged. |
| |
(d) Vehicle
returned in a dirty condition will incur a grooming
fee. |
| |
|
|
INSURANCE |
| |
|
|
10. |
Subject
to the exclusion set out below, the hirer and
any driver authorised to drive the vehicle is
full 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 or the owner including
towing and salvage costs associated with the
recovery of the vehicle and its accessories
and spare parts, ( over and above the insurance
excess specified). Subject to the exclusions
set out below, the hirer and any driver authorised
to drive the vehicle are indemnified to the
extent of $2 million 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 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 drugs that affects his 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 any person
not named in Clause 3 of this agreement or is
lost as a result of the wilful or reckless behaviour
of the hirer or any such person |
| |
(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 drivers licence
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 or 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; 90 Mile Beach (Northland) or any beach
in New Zealand Coast road to Russell (Northland)
Ball Hut Road (Mount Cook) Skippers Road (Queenstown)
Any Private Road Crown Range (Queenstown) Any
mountain road or access Road to ski fields,
particularly Remarkables Ski Area in Queenstown
Highway 38 between Murapara and Wairoa. Or any
unsealed roads. |
| |
(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 of the above exclusions
as if this clause constituted a contract of
insurance. |
| |
(I) The
hirer operates the vehicle with disregard to
clause 8a or 8b shall be liable for repair costs.
|
| |
|
|
REJECTION OF INSURANCE
|
| |
|
|
11. |
The hirer
accepts that the vehicle is hired to the hirer
at the hirers own risk in respect of loss of
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. OWNERS
OBLIGATIONS |
| |
|
|
12. |
The owner
shall supply the vehicle in a safe and roadworthy
condition |
| |
|
|
13. |
The owner
shall be responsible for all ordinary and extraordinary
costs of running the vehicle the vehicle during
the term of the hire 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, fuel, but
not oil, used during the term of the 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 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 emergency, any part of the engine,
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 the hire
or reward unless the vehicle is hired with the
knowledge of the owner for use in a passenger
service licenced under Part 2 of the Transport
Act 1989 and amendments or exempted from licensing
under that Act The Hirer acknowledges that the
vehicle may not be used as a delivery vehicle
or courier vehicle without written authority
of the owner. |
| |
|
|
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 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 or trailer
|
| |
(f) Operate
the vehicle or permit it to be operated in breach
of the Transport Act 1962, the Traffic Regulation
1976, or any Act, regulations or bylaws to road
traffic and subsequent amendment
|
| |
(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 driver by any person
if at the time of his driving the vehicle, the
hirer or other person is not the holder of a
current drivers licence appropriate for the
vehicle and under the age of 21 years
|
| |
|
|
RETURN OF VHEICLE
|
| |
|
|
19. |
The hirer
shall at or before the expiry of the term of
hire, deliver the vehicle to the owners place
of business or the owners agent at the agents
place of business, or obtain the owners consent
to the continuation of hire. |
| |
|
|
IMEDIATE 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 to 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
right of the hirer under this agreement or otherwise.
|
| |
|
|
NOTE TO HIRER THE OWNER MUST
GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT.
A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT
TERM OF THE HIRE AN PRODUCED ON DEMAND BY ANY
POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHRISED
EMPLOYEE OF THE MINISTRY OF TRANSPORT. |
