TERMS AND CONDITIONS

This Terms and Conditions is part of the Rental Agreement entered into between the cardholder and the person taking possession of the Vehicle (hereinafter jointly referred to as “the Hirer”) and A Rentals NZ Ltd (herein referred to as “the Owner”). It is hereby agreed as follows:

1. HIRER’S OBLIGATIONS

(a) 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.

(b) Before driving, the Hirer should check the vehicle for any abnormalities. If any issues are found, the Hirer should immediately contact Owner.

(d) It is the Hirer’s responsibility to be aware of and act in compliance with all the New Zealand Transport Agency rules and regulations.

(e) The child restraint law stipulates that children under 7 years of age must be properly restrained in an approved child restraint. It is the Hirer’s responsibility to ensure the child restraint is installed correctly in the Vehicle.

(f) The Hirer is responsible for the cost of fuel used during the hire. The Vehicle should be returned with a full tank. If the Hirer elects to take the fuel purchase option at the start of the hire, no refund is made for remaining fuel on return of the Vehicle.

(g) For a defect, mechanical failure of the Vehicle or any new damage to the Vehicle or its accessories or spare parts, the Hirer must notify the Owner of full circumstances of the damage as soon as practical but within a maximum of 12 hours. All necessary paperwork required by the Owner must be completed by the Hirer before the termination of the hire.

(h) The Hirer shall ensure that a copy of this agreement is kept in the Vehicle and all drivers’ licences should be carried throughout the term of the hire.

(i) The Hirer must not assign, sublet or hire the Vehicle to any other person, use or permit the Vehicle to be used for carriage of passengers.

(j) The Hirer must not operate the Vehicle or allow it to be operated to tow or propel any other vehicle, except any luggage trailer supplied by the Owner.

2. OWNER’S OBLIGATIONS

(a) The Owner shall supply the Vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

3. BREAKDOWNS AND ACCIDENTS

(a) 24hr roadside assistance hotline powered by NZRA 0508 697 623 and use A RENTALS as reference.

(b) Mechanical breakdowns are covered by the Owner’s relevant Roadside Assistance program and include engine faults, electrical faults, starter motor and radiator problems.

(c) Non-Mechanical breakdowns are at the Hirer’s expense and include wheels and tyres, lock out, lost keys, flat batteries, a breakdown as a result of damage caused in an accident, including salvage.

(d) If warning lights appear in the Vehicle, the driver must cease driving as soon as practical and contact the Owner immediately.

(e) If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the Hirer, the Owner will either provide a replacement vehicle to continue with the rental agreement, or if unable to provide a replacement vehicle, terminate the agreement and refund the remaining rental charges to the Hirer.

(f) The Hirer is not permitted to instruct any person to interfere with any mechanical aspect of the Vehicle including, but not limited to, the distance recorder, speedometer, engine, transmission, braking or suspension systems of the Vehicle.

(g) In the event of an accident or new damage the Hirer must:

1. Notify the Owner of the full circumstances as soon as practical.

2. Notify the NZ Police and request they attend the scene to determine liability if necessary.

3. Where possible, take some photos of the accident site and the damaged vehicles.

4. If the police could not attend, call into the Police Station to report the accident and obtain a report.

5. The Hirer must not make any admission of liability.

6. Complete the forms provided in the Rental Agreement folder to record the full details of all parties including witnesses and the vehicles involved in the accident along with the Hirer’s written statement and diagram of the accident circumstances.

7. Contact the Owner and make arrangements to complete the necessary insurance documents which must be completed before the end of the hire period specified in this agreement.

(h) Damage includes any damage to third party property, damage to the rented vehicle including tyres, windscreens, towing and recovery costs, theft, fire, break-in or vandalism.

(i) The Hirer’s assistance may be required if liability is being disputed by the at-fault party, which means you may be required to attend a disputes tribunal hearing in person or via telephone conference.

(j) The Hirer shall not arrange or undertake any repairs without the Owner’s prior authority except to salvage the Vehicle to prevent further damage to the Vehicle or to other property. If the Hirer has to pay to salvage the Vehicle, the Hirer must inform the Owner within a maximum 12-hour period or forfeit the right to seek reimbursement of the salvage costs.

(k) If any repairs are required whereby the Owner has authorized them, but the Hirer is not liable for the repairs, the Hirer will be reimbursed once the invoice or receipts have been provided to the Owner.

(l) If the Vehicle is rendered unfit to drive after an accident, the Owner is not obliged to make any refund for the unused hire period (including Excess Reduction (ER) payment if applicable) and the provision of a replacement vehicle shall be at the Owner’s sole discretion.

4. LIABILITY

(a) The Hirer is liable for:

1. Any loss of, or damage to the Vehicle and its accessories and any accessories on hire;

2. Any consequential damage, loss or costs incurred by the Owner, including salvage costs, loss of ability to re-hire and loss of revenue.

3. Any loss of, or damage to vehicles and property of third parties, arising during the term of hire.

(b) The Hirer agrees to release and indemnify the Owner and its employees and agents from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of the use or misuse of the Vehicle.

5. INSURANCE

The Owner’s rental fleet is insured under a policy of motor vehicle insurance from a company licensed to carry on insurance business in New Zealand under the Insurance Prudential Supervision Act 2010 and is subject to the Insurance Exclusions.

(a) The rental fee includes basic Insurance with Excess Fee.

(b) If there is Damage, theft of the Vehicle or Third Party Loss for each separate claim, the Hirer must pay up to the Excess Fee shown in the Rental Agreement.

(c) The Hirer may purchase ER to reduce the Basic Insurance Excess and bond payable by the Hirer under the Owner’s insurance cover. ER cannot be purchased for only a portion of the rental period.

(d) The Hirer’s liability is covered by the Owner’s insurance to a maximum of NZD1,000,000.

(e) In the event a vehicle is replaced, the insurance is not transferable to the replacement vehicle.

(f) The Hirer’s liability for damage applies in respect of each separate accident or new damage, not each rental.

(g) During the hire period, ER can only be used once for the damage that has occurred first. Once the ER is used, the Insurance Excess reverts to Basic Insurance Excess. Also, the additional benefits of ER no longer apply.

(h) The Hirer’s Insurance Excess is applicable regardless of who is at fault and must be paid at the time the accident is reported, not at the completion of the rental. The Hirer’s Insurance Excess will be refunded only if the Owner is successful in recovering the full cost of the damages from the third party. Please note that third party claims can take months to resolve.

6. INSURANCE EXCLUSIONS

The following clauses are not covered by the Owner’s insurance policy and/or ER, therefore the Hirer is fully liable for all costs.

(a) The driver is under the influence of alcohol or any drug that affects their ability to drive the Vehicle.

(b) The Vehicle is in an unsafe or un-roadworthy condition that arose during 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 un-roadworthy condition of the Vehicle.

(d) The Vehicle is operated by any person who at the time drives the Vehicle is disqualified from holding or has never held a driver’s license appropriate for the Vehicle.

(e) The Vehicle including its accessories and spare parts is willfully or recklessly damaged or lost due to willful or reckless behavior by the Hirer, including but not limited to damage to tires, rims, burning out a clutch, and any damage arising from using the Vehicle to propel any other vehicle.

(f) The Vehicle is operated on any of the following roads: Ball Hutt Road (Mt Cook), Skippers Road (Queenstown), Ninety Mile Beach (Northland), all roads north of Colville (Coromandel Peninsula), The Road to Paradise (Glenorchy), Deer Park Heights (Queenstown), or any unformed road including any beach.

(g) At any time when the vehicle was operated beyond the term of the Rental Agreement or authorized extension of the term.

(h) The authorized drivers or a person under the Hirer’s authority or control commits a driving offense 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) The Vehicle, property, or any other vehicle is damaged in circumstances that are illegal in New Zealand.

(k) The Vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers, flooded fords, saltwater, or on beaches.

(l) The Vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of other items or by any item carried inside or outside the Vehicle.

(m) Continuing to drive the Vehicle if a warning light appears causing more damage to the Vehicle.

(n) Costs to replace keys that have been lost or the retrieval of keys that have been locked inside the vehicle.

(o) Hirer’s personal belongings are not covered.

(p) The incorrect filling of fluid or fuel tanks.

(q) Grooming fee if the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing.

(r) Any underbody damage and or recovery of the vehicle which has become bogged or immovable due to off-roading of the Vehicle.

(s) Loss or damage to any accessories on hire.

(t) Any roof damage due to entering low-lying buildings or objects with height restrictions or by standing on the roof is a failure by the Hirer.

(u) Failure to advise of an accident or new damage and complete the relevant claim forms prior to the termination of the hire.

(v) Operating the Vehicle or allow it to be operated in any race, speed test, rally, or contest.

7. CHARGES AND PAYMENTS

All transactions under this agreement are conducted in New Zealand dollars. A 2% credit card fee will be charged for Visa and Mastercard, and 1.5% for Alipay and WeChat Pay. Due to exchange rate fluctuations and bank charges, there may be variance between amounts charged and amounts refunded to the Hirer’s credit card. The Owner accepts no liability for any such variations.

(a) The Hirer shall pay the Owner the agreed sum prior to pick up or on pick up.

(b) The Hirer is liable for any damage or missing accessories. The replacement cost will be based on the current retail replacement value at the time of loss.

(c) If there are any roadside assistance charges, and the Hirer has purchased the Roadside Assistance Plus insurance, The Owner will cover the costs. If the Hirer has not purchased this insurance, calling for roadside assistance will incur a call-out fee of NZD 60 each time.

(d) In addition to the payment specified in this Agreement, the Hirer acknowledges that they shall be liable to pay the Owner any applicable additional fees, including but not limited to:

The Owner will automatically process these payments on your behalf. The details of these additional charges are as follows:

1. NZD25 Admin fee per Traffic Infringement notice in addition to the penalty.

2. NZD25 Admin fee per Toll notice in addition to the toll costs.

3. NZD25 Refuelling fee plus the cost of fuel if the Vehicle is returned not full.

4. NZD500 penalty in addition to the current daily rental rate if any unauthorized extensions.

5. NZD500-NZD1000 relocation fee for dropping off at a different location.

6. NZD500 surcharge for failure to advise of an accident or new damage prior to the termination of the hire.

7. Minimum NZD2000 Water/sand damage fee in addition to any other costs if the Vehicle including its accessories and spare parts is damaged as a result of submersion in any water.

8. Minimum NZD200 grooming fee for vehicle’s interior if consumption of food, beverage, smoking and or bringing animals in the Vehicle, and or the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing.

9. One-way hire fees may apply for rental car hires picking up and returning at different branches.

(f) A final audit will be used to identify any additional charges after the Vehicle is returned and the Hirer has consented to this by signing this Rental Agreement. The Hirer expressly and irrevocably authorizes the Owner to deduct all charges determined by the Owner in its sole discretion to be payable under this Rental Agreement from the Hirer’s credit card.

1. If customers damage the rental products during the hiring period, the hirer will pay the full price for the products they hired.

Child Car Seat: 350 NZD

Booster Seat: 150 NZD

Car Key: 800 NZD

Phone Holder: 25 NZD

USB Charging Cable: 25 NZD

Phone Charger: 25 NZD

Chilly Bin: 150 NZD

Snow Chains: 350 NZD

Ski-carrier: 400 NZD

Roof Rack or Box: 1500 NZD

AQUA Anti-theft Lock: 100 NZD

8. BOND

(a) A bond will be pre-authorized on the Hirer’s credit card at pick-up according to the excess fee of the insurance in the Rental Agreement. An authorization verifies that the card is valid and has sufficient funds to complete the transaction. If approved, the authorized amount is held until the transaction is completed, or until the authorization expires, which may take up to 7 to 14 days for Visa and MasterCard. After this period, the funds are automatically released. The exact time for the release of funds may vary depending on the cardholder’s bank. For further details, please consult your bank. We are also available to assist by providing relevant information if needed.

(b) The Bond is payable by credit card only. In the event of an accident, the Bond will be charged in full immediately regardless of fault.

(c) The bond is fully refundable provided the Vehicle is returned on time to the correct location clean and tidy, undamaged and with a full fuel tank (unless the hirer has a pre-purchased fuel option). However, the Owner reserves the right to bank the bond after the termination of the rental period to cover the cost of un-notified infringements or damage to third party vehicles or their property.

(d) As insurance is not compulsory in New Zealand there is no guarantee that damage to the Vehicle by a third party will be recovered. Any damages caused to the Vehicle by a third party which are unable to be recovered by reasonable means will be deducted from the Bond.

(e) A bond shall be taken for each accident. In the event of a replacement vehicle being dispatched, the bond will revert to the Basic Insurance Excess irrespective of the purchase of ER.

9. RETURN AND TERMINATION

(a) The first hour of late return is free, thereafter a full day’s hire fee applies.

(b) Extensions Clause: There is a grace period of two days for extending the rental. If the rental extension exceeds two days (including the second day), the Hirer must pay the rental fee for the extension period in advance. If the rental fee for the extension is not paid, the Owner reserves the right to terminate the contract. If the vehicle is not returned, it will be reported as a stolen vehicle to the police.

(c) The Owner reserves the right to charge a relocation fee of from NZD500 to NZD1000 if the Vehicle has been returned to a different location than what was agreed.

(d) The Owner shall have the right to terminate the Agreement and repossess the Vehicle at any time, without notification to the Hirer, and the Hirer will pay reasonable costs of repossessing the Vehicle, including towing charges, in any of the following circumstances:

1. The Hirer is in breach of any material term of this agreement.

2. The Hirer has obtained the Vehicle through fraud or misrepresentation.

3. The payment for the rental is in arrears.

4. The Vehicle appears to be abandoned.

5. The Vehicle is not returned on the agreed return date.

6. The Vehicle is damaged.

7. The Owner considers, on reasonable grounds, that the Vehicle is endangered.

In such termination cases, the Hirer shall have no right to a refund and such termination shall be without prejudice to the rights of the Owner under this Agreement or otherwise.

(e) If the vehicle is returned outside of business hours (MON-SUN 0830-1800), the Vehicle remains the sole responsibility of the Hirer until normal business hours resume.

(f) If the Owner thinks it is not appropriate to conduct the inspection and check when the Hirer returns the Vehicle, including but not limited to time, weather condition, vehicle cleanliness, the inspection and check will be conducted when it is appropriate and the Vehicle remains the sole responsibility of the Hirer.

(g) Rental Vehicle Checklist signed by the Hirer, photos of the Vehicle took when picking up/return the Vehicle and stored in WeChat or other APP will be deemed as proof when the Owner checks whether there are new damages caused by the Hirer.

(h) The Owner will provide the Repair Invoice for the new damage caused by the Hirer and the Hirer has no right to question, ask the Owner to provide different invoices to compare the price or require to use his own invoice.

10. BOOKING AND CANCELLATION POLICY

(a) Booking should be made by credit card (Visa or Mastercard) of the Hirer.

(b) The Owner will supply the Vehicle or similar to the Hirer and does not guarantee the brand of the Vehicle until the day of picking up.

(d) 50% of the total rental fee will be charged from Hirer’s credit card if cancellation is made within 24 to 72 hours prior to pick up.

(e) The total rental fee will be charged from Hirer’s credit card if cancellation is made within 24 hours prior to pick up.

(f) Should the Hirer return the Vehicle and accessories for reasons that are not caused by the Owner prior to the expiry of the hire term, the Hirer will not be entitled to a refund.

(g) Should the hirer decide to voluntarily downgrade their vehicle type from the category booked, they will not be entitled to a refund.

(h) The Hirer is subject to a 5% or minimum NZD10 admin fee deducted from the refunded amount due to credit card fees the Owner is subjected to.

(i) If the Hirer makes the booking through a third party, like a car rental website, the cancellation policy will be subject to the website.

11. NEW ZEALAND PRIVACY ACT

The Hirer agrees that the Owner will collect, hold, and use the Hirer’s personal information for purposes related to the hire of the Vehicle and the provision of related customer services. Such personal information may be disclosed to debt collection agencies or other parties involved in an accident with the vehicle while on hire to the Hirer, as well as to any organizations responsible for the processing or handling of traffic-related infringements.