Rental Terms and Conditions
Samuels Vehicle Hire Agreements are comprised of the following Rental Terms and Conditions. Further details are provided on individual rental documents.
1. The owner will let and the hirer will take on the motor vehicle described in this agreement.
DURATION OF HIRE
2. The term of 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 person described in this agreement and only if each such person holds a current driver’s licence (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 thus sum 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.
6. In additional to the payment in clause 4 of this agreement the hirer shall pay to the owner in termination of the hiring a distant charge at the rate referred to in this agreement.
7. The hirer shall pay for all diesel or other fuel used in the vehicle during the period of hire.
8. The hirer shall ensure that: (a) The water in the radiator in the vehicle is maintained at the proper level. (b) The oil in the vehicle is maintained at the proper level. (Correct oil type only). Phone: 0800 367 465 for advice. (c) The tyres are maintained at their proper pressure.
9. The hirer shall ensure that all responsible 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 the respect of the lose or the damage to the 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 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 NZ$1,000,000 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 that effect 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 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 the agreement. (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 licence appropriate for that vehicle. (f) The vehicle is wilfully recklessly damaged by the hirer, or any other 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 the hirer or any other person. (g) The vehicle is operated on any of the following roads: Skippers Canyon. Molesworth Station. Macetown Road. Tasman Valley Road. Matukituki Road beyond the Triple Cone Access Road turn off. Glenorchy-Paradise Road, beyond Priory Road turnoff. 90 Mile Beach. Farewell Spit. (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.
REJECTION OF INSURANCE
11. If insurance is rejected, the hirer accepts by signing the front of the 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.
PLEASE NOTE: If 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 person or property.
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 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 diesel and other fuel and oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS
14. If the vehicle is damaged and 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 unsure that no person shall interfere with the distanced recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking or suspensions 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 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.
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 1962 (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 in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws 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 specified in the certificate of loading for the vehicle. (g) Drive or permit the vehicle to be driven by any person if at time of driving the vehicle, the hirer or other person is not the holder of a current drivers licence appropriate for the vehicle.
HIRER’S LIABILITY FOR DAMAGE
19. The hirer is absolutely liable for any damage (including damage caused by hail, storms, earthquake or other natural disasters) up to the full amount of the excess liability specified irrespective of fault. In this context includes: (a) Any and all damage to the vehicle including front windscreens, (unless front windscreen buyout option has been taken), tyres, break-in or vandalism, theft, fire, towing and recovery costs. (b) Damage to third party property; (c) Loss of use of the vehicle by the owner during the period the vehicle is off fleet for repair. This period is charged at the daily rental rate for the vehicle.
RETURN OF VEHICLE
20. The hirer shall, at or before the expiry of 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.
ACCEPTANCE OF RENTAL TERMS AND CONDITIONS
21. The hirer agrees to be bound by all of the terms and conditions of hire. The hirer acknowledges that he or she is fully liable for any excess owing due to damage of the rental vehicle (see clause 19) irrespective of fault. The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the hire and that the owner is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement. The cardholder and the hirer are jointly and severally liable under the terms of this agreement.
NOTE TO 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, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.