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Car Rental Agreement

The rental agreement consists of these terms and conditions, and the rental document, which is presented to you at the time of delivery. The rental agreement is between the hirer/ company (herein referred to as YOU) and Find My Ride NZ Limited (hereinreferred to as US/ WE).

You agree to the following terms and conditions as well as the rental document:

Vehicle Description

1. We let you take the vehicle, as set out in the rental document for the term which is stated in the rental document.

2. All efforts are made to present the vehicle which has been offered to you. However, if for some unforeseen circumstances, the vehicle is not available, we will notify you as soon as we are notified. We will attempt to give you a substitute vehicle, and if you are not content, you are entitled to a full refund.

Who May Drive The Rental Vehicle?

3. The vehicle can only be driven by the persons identified in the rental document

4. The persons driving the vehicle MUST have a current full or restricted driver’s license or the overseas equivalent while using the vehicle.

Payments By You

5. You must pay US the sum or amount specified in the rental document

6. You also authorise us to take all payments through a nominated debit, or credit card or a pre-arranged charge account. This will be pre-authorised at the time of delivery, and activated at the time of return, plus any additional charges ass stipulated below

7. In addition to the payments specified in clause 5 and 6, there may be additional charges which must be paid by you at the end of the hire period. These include, but are not limited to;
a. A fee for additional drivers
b. Charges for late return of the vehicle
c. Charges for damage done to the vehicle and/or any enforcement charges relating to such damage or repairs (including legal costs)
d. Charges for cleaning the vehicle’s interior if the vehicle is received in an excessively dirty condition
e. Traffic and/or parking offence infringement fees
f. Any administration fees as specified in the rental agreement
g. Any surcharges in connection with use of a debit or credit card

8. If you fail to pay any money due to us under this rental agreement within 14 days of you being required to pay, we hold all the rights to pay any additional costs associated with this, this is stipulated below;
a. Interest at 10% on the total amount owing from the date on which payment was originally required
b. All costs associated with collection of the unpaid money by a debt collector or other agency
c. An administrative cost of $100

Use of the Vehicle

9. You shall not;
a. Use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“the Act”);
b. Sublet or hire the vehicle to any other person;
c. Allow the vehicle to be used outside his/her authority;
d. Operate the vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 or 58 of the Act (which relates to driving under the influence of alcohol or drugs);
e. Operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
f. Operate the vehicle, or allow it to be operated, in breach of the Act, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
g. Operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle;
h. Drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current driver’s licence appropriate for the vehicle;
i. drive or allow the vehicle to be driven on any roads, or on any beach, driveway, or surface likely to damage the vehicle;
i. Prohibited places include, but are not limited to; Skipper’s Canyon (Queenstown), Ninety Mile Beach (Northland), or any unformed roads and/or roads other than tarsal or metal; including but not limited to beaches, driveways, or any surface likely to damage the vehicle; or
j. Allow the vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle;
k. Operate the vehicle or allow it to be operated to propel or tow any other vehicle;
l. Transport any animal in the vehicle (with the exception of guide dogs for visually impaired people);
m. Operate or allow the vehicle to be used in involvement with any illegal activity; or
n. Allow any person to smoke in the vehicle.

Your obligations

You shall ensure that;

o. All reasonable care will be taken when operating the vehicle
p. The water in the vehicle’s radiator and battery is maintained at the required levels
q. The oil levels are maintained in the vehicle
r. Only use the petrol type specified
s. Tyre pressure is maintained at proper pressure levels
t. The vehicle is locked and kept secure during the rental period. It is your responsibility to keep the keys under your personal control
u. No parts of the vehicle are interfered with, this includes any engine parts, transmissions, suspension, speedometer
v. Should a warning light illuminate in the vehicle or if you believe the vehicle requires mechanical attention, you must stop driving and alert us immediately
w. All the drivers comply with these terms and conditions and the rental document
x. Any driver of the vehicle must carry their driver’s license with them while in the vehicle, the license must be produced to any enforcement officer

Our obligations

10. We shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards

Mechanical Repairs and ANY accidents

11. You must alert us if the vehicle is involved in an accident, is damaged or requires repair or salvage. Regardless of cause, we must be telephoned immediately

12. You must also not arrange or undertake any repairs or salvage without our authority (this includes, but is not limited to the purchasing of a replacement tyre). You must telephone us, and we will authorise any works

13. All our vehicles come with 24-hour roadside assistance for all inherent mechanical faults (as determined by us or the authorised repairer) related to the vehicle specified in the rental document. For all non-mechanical faults, which includes but is not limited to jump starting, refuelling and lost and or keys locked in the vehicle, an additional call out fee will be charged.

14. If the vehicle requires repair or replacement, the decision to supply a replacement car is at our discretion

Return of the vehicle

15. You must return the vehicle at or before the expiry of the term of the rental agreement, where the location, date and time has been specified. If an extension is required, you must notify us within 3 days of the rental agreement expiring. Failure to do so will not guarantee the vehicle for you.
16. If you do not comply with the above clause, and do not return the vehicle, we may report the vehicle as stolen to the police and you must compensate us the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by us.

Liability

17. You are liable for the following;
a. Any loss of, or damage to, the vehicle and its accessories;
b. Any consequential damage, loss or costs incurred by the owner including salvage costs, loss of ability to re-hire and loss of revenue; and
c. Any loss of, or damage to, vehicles and property of third parties, arising during the term of hire

Insurance

18. All of Find My Ride NZ’s vehicles have insurance included with them. You may also have your own insurance arrangement, but this must be approved to us prior to organising the rental vehicle.

19. Insurance exclusion; You accept that if the following takes place the insurance provided with the vehicle becomes void;
a. At any time when the driver of the vehicle is under the influence of alcohol or any drug;
b. At any time when the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and you or the driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle;
c. At any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle;
d. At any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
e. At any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle (unless the you are a body corporate or Department of State and the driver is authorised by them to drive, subject to all other terms and conditions in the Rental Agreement);
f. At any time when the vehicle is driven by an unlicensed person
g. At any time when the vehicle is wilfully or recklessly damaged or lost by you, or a nominated driver, or a person under the hirer’s authority or control;
h. At any time when you commit a traffic offence while driving the vehicle;
i. At any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
j. At any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by you or attendant of the vehicle;
k. At any time when you fail to stop or remain at the scene following the occurrence of an accident where required to do so by law;
l. To any fine or penalty imposed as a result of prosecution for breach of any law;
m. To any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
n. To any wear and tear to the vehicle;
o. To any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000;
p. To any overhead damage to the vehicle or to the property of any third party resulting from such overhead damage;
q. At any time when the vehicle was being driven on any of the following roads: Skipper’s Canyon (Queenstown), Ninety Mile Beach (Northland), or any unformed roads and/or roads other than tarsal or metal; including but not limited to beaches, driveways, or any surface likely to damage the vehicle; or
r. At any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the owner to the hirer.

Traffic and other infringement notices

20. ALL penalties related to traffic and or parking offences are the responsibility of you, and we may charge your provided credit/debit card for any traffic and/or parking offence incurred by you.

21. The owner undertakes, in the event that the owner receives notice of any traffic or parking offences incurred by you, to send a copy of any such notice to you as soon as practicable and to provide the necessary information to relevant authorities for such notices to be directed to you

22. You reserve the right to challenge, complain about, query or object to the alleged offence to the relevant authorities, and have the right to seek a court hearing (within 56 days from the initial date of issue of infringement or 28 days from the date of issue of reminder notice)

23. We will charge an admin charge of $45 to cover the cost of processing and sending notices relating to the infringement or offence.

Cancellation of hire agreement

We have the right to terminate and take immediate possession of the vehicle if you fail to comply with any of these terms and conditions, or if the vehicle is damaged

24. The termination of a hire under the authority of this clause shall be without ANY prejudice to other rights of both you and Find My Ride NZ Limited under the rental agreement.

Optional coverages and accessories

25. You acknowledge that you are liable for;
a. Damage or loss, including theft of any accessories given to you as part of the rental agreement. This may include, but is not limited to GPS, Bluetooth systems. The charge of any such damage or loss, including theft is $150
b. A handling fee of $30 will also be charged

Privacy Act

The information requested by us is to enable us to assess your request to hire a vehicle. If you choose not to supply any such information, then we reserve the right to decline you a rental vehicle.

26. You also acknowledge that we will collect, hold and use YOUR information for purposes related to the hire of the vehicle and provision of related customer services, including but not limited to direct marketing and assessing customer satisfaction

27. You also acknowledge that such personal information may be disclosed to any debt collecting agencies in the event of a default in payment of any monies owed to us, of any other parties which a may be an interested party in regards to your rental period.

WE MUST GIVE YOU AT LEAST ONE COPY OF THE RENTAL AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF HIRE AND PRODUCED ON DEMAND TO ANY ENFORCEMENT OFFICER
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