AD HOC RENTAL LIMITED AGREEMENT TO HIRE VEHICLE
An agreement made between ad hoc rental ltd and the hirer whose particulars are entered, it is hereby agreed as follows:
1. Ad hoc rental ltd will let and the hirer will take on hire the following motor vehicle, described overleaf, here in after referred to as the vehicle.
DURATION OF HIRE
2. The term of hire shall be for the period as described in this agreement.
PERSONS WHO MAY DRIVE THE VEHICLE
3. The vehicle may be driven during the period of hire only by the hirer and persons described on the attached authorized drivers list and only if they hold a current driver’s license appropriate for the vehicle at the time when they are driving the vehicle. Irrespective of whether the hirer, authorized drive or unauthorized drivers driving the vehicle, the hirer continues to be responsible for all payments and obligations owing under this agreement.
PAYMENT BY HIRER
4. The hirer needs to give us his/her credit card detail as guarantee before hiring, and we reserve the rights to charge the excess fee. The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in clause 2 of this agreement the hirer charge at the rate referred to overleaf and any additional charges that may apply.
5. In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner the insurance charge at the rate referred to overleaf, for the insurance cover set out in clause 10 of this agreement. The hirer shall pay any additional costs incurred that they are liable to pay under this agreement and as set out in the attached letter of authorization.
6. The hirer shall pay for all petrol, oil, or other fuel used in the vehicle during the period of hire, along with all puncture repairs and windscreen damage. If the Vehicle is not returned full of fuel, a $30 surcharge will apply in addition to the cost of fueling the vehicle back to the full position.
7. The hirer shall pay for lost keys (including any applicable handing, freight or mileage) to regain access to the vehicle. Lost keys will be charged at $450.00 plus GST as keys have an electronically chipped fob.
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 fuel tank is full when the vehicle is returned (or level marked on contract) or petrol cost and administration fee may apply;
d) The types are maintained at their proper pressure;
e) Type damage, including punctures and secondary damage arising from any punctures, are the hirer’s responsibility;
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.
a) Traffic fines incurred sent to us after you have returned the vehicle shall incur a $45.00 administration fee on your credit card due to time involved administering the matter.
b) Parking and traffic infringements are the hirer’s responsibility and carry a handling fee of $30.00.
c) The hirer shall ensure that all road user kilometres are current and shall notify the owner if additional road user kilometres are required. Any infringements are the hirer’s responsibility.
d) When the accident has occurred, the vehicle shall stay on hire while the repair is undertaken and the hirer agrees to pay for the extra days hireage until the repair is completed and until the vehicle is available for hire in good condition.
10. Subject to the exclusions set out below, the hirer and any other driver authorized drive the vehicle is fully indemnified in respect of any liability he might have to ad hoc rental ltd in respect of the loss of or damage to the vehicle and its accessories and spare parts and any other expenses of the owner, including towage 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 is indemnified to the extent of $1,000,000 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.
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 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 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 drives the vehicle disqualified from holding or
has never held a driver’s licence appropriate for that vehicle;
f) The vehicle is willfully carelessly or recklessly damaged by the hirer or any other person named on the authorized driver’s list or driving under the authority of the hirer, or is lost as a result of careless use, willful or reckless behavior of the hirer or any such person;
Not to be driven on any beach or through any water crossing.
No animals and no roof racks.
Not to be driven on Russell Road, 90 Mile Beach, Skippers Canyon, Waikaremoana Road, CrownRange Road, and others as directed on the day.
h) The vehicle is operated outside the term of the hire or any agreed extension of that term;
i) The vehicle is damaged, forfeited or impounded whilst the hirer is involved in any illegal activity.
j) Where the hirer or driver has caused damage or injury by driving on the incorrect side of the road.
k) Insurance not valid on unsealed roads.
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. The hirer acknowledges that he is aware of the above exclusions and are liable directly if breached.
The hirer acknowledges that the full $3,000 excess will apply to any damage or loss of the vehicle.
The hirer can reduce the excess fee through the insurance.
Mini bus and Van: The hirer can deposit $25+GST per day in advance for accident excess fee reduction, and then the excess fee will reduce to $1,500. The hirer can deposit $40+GST per day in advance for accident excess fee reduction, and then the excess fee will reduce to $500. (with +GST/day excess reduction) (without GST/day excess reduction)
Car: The hirer can deposit $25+GST per day in advance for accident excess fee reduction, and then the excess fee will reduce to $500. (with 25 +GST/day excess reduction) (without GST/day excess reduction)
Signature of hirer (You should not sign this unless you are sure you understand its effect).
REJECTION OF INSURANCE
The hirer may not reject the insurance cover provided by the owner.
11. 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.
Note1: Goods being transported are the hirer’s responsibility and the owner has no obligation regarding any loss or damage caused by an unsecure load, water damage or theft.
Note 2: By virtue of clause 6 of this agreement, the cost of petrol and other fuel used during the term of the hire
is the responsibility of the hire.
MECHANICAL REPAIRS AND ACCIDENTS
The hirer confirms that the vehicle was hired in the condition noted on the preceding page and was in good working order. Any changes to the vehicle’s condition, whether cosmetic or mechanical will be deemed to have occurred during the term of hire.
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 email as soon as practicable, and each accident where damage occurs must be reported to the closest Police department and a file number must be obtained.
14. The hirer shall not arrange to undertake any repairs or salvage without the authority of ad hoc rental ltd except 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.
USE OF THE VEHICLE
16. The hirer shall not use or permit the vehicle to be used for the carriage or passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licence under the Part VII of the Transport Act 1962 or exempted from licencing under that Act.
17. 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 influence of drink or drug);
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally or contest, including making pace notes;
(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 Traffic 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 certificate of loading for the vehicle;
(h) Drive or permit the vehicle to be driven if at the time of his driving the vehicle the hirer or other person is not the holder of a current driver’s licence appropriate for the vehicle.
RETURN OF THE VEHICLE
(a) The hirer shall at or before the expiry of the term of the hire, deliver the vehicle to the address from which the vehicle was hired or to such place of business of ad hoc rental ltd or the owner’s agent as may be agreed upon, or obtain the owner’s consent to the continuation of hire by phoning 0800 111 933 or emailing email@example.com, and the hirer shall remain responsible for vehicle until checked in by ad hoc rental ltd.
(b) If the vehicle is returned in our opinion in an excessively dirty condition inside or out, a cleaning fee of $150 will be charged.
IMMEDIATE RETURN OF THE VEHICLE WHERE DEFAULT OR DAMAGE
19. Ad hoc rental ltd 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 hirer under this agreement or otherwise.
20.That under the terms of the Privacy Act (1 July 1993) you authorize any person or company to provide us with such information as we may require in response to our credit enquiries. That you authorize us to furnish to any third party, details of this application and any subsequent dealing that you may have with us as a result of this application being actioned by us.
21. That you undertake to pay the account in full on or before the due date. In default of such promp payment you undertake to pay late payment fees of 2% per month on any outstanding balance and to indemnify us and pay all costs and expenses which we may incur recovering from you any overdue account.