The Hire Agreement
This agreement is made between Susan Cathrine Mulrennnan and David Ross Morris t/a Downtown Rentals, 148 Hillsborough Rd, as agents for the owner of the vehicle (hereinafter called the owner) and the hirer named overleaf (hereinafter named the hirer).
It is agreed as follows:
1: The owner will let and the hirer will take on hire the motor vehicle described overleaf.
2: The duration of the hire shall be as described overleaf.
PERSONS WHO MAY DRIVE THE VEHICLE
3: The vehicle may be driven during the period of the hire only by the persons named overleaf and only if they hold a current driver’s licence appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY THE HIRER
4: 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 sum stated overleaf.
5: Deleted
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 rates specified overleaf.
7: The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
7a: In the event that the hirer or any driver using the car is the subject of a speeding infringement notice they shall, in addition to being liable to pay the speeding infringement fine, pay to the owner a handling fee of $50. In the event that any user of the vehicle gets a traffic offence notice from a local authority they shall, in addition to being liable to pay the infringement fine, pay to the owner a handling fee of $30
HIRER’S OBLIGATIONS
8: The hirer must 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 tyres are maintained at their proper pressure.
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.
INSURANCE
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 might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner, including towing or salvage costs associated with the recovery of the vehicle its accessories or spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is indemnified to the extent of $250,000 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.
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 drug that affects his/her ability to drive the vehicle.
(b) The vehicle is in an unsafe or unroadworthy condition that arose in 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 overleaf.
(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 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 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 such person.
(g) The vehicle is operated on any of the following roads: Skippers Road, Queenstown; or on any beach.
(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.
(The general effect of this provision is that an exclusion will not apply if the hirer proves on the balance of probability that the damage or loss was not caused or contributed to by the matters to which the exclusion refers).
HIRER’S LIABILITY
11: The hirer acknowledges by signing the form overleaf that he/she shall be liable in respect of the first $(amount stated overleaf) of the damage or loss referred to in the insurance cover specified in this clause. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
YOU SHOULD NOT SIGN THIS UNLESS YOU ARE SURE YOU UNDERSTAND ITS EFFECT.
OWNER’S 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 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 petrol and other 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 repair or salvage whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone or telegram 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 ensures 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
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 licence under Part VII of the Transport Act 1962 or exempted from licensing under that Act.
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 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 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 1965, 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 that vehicle;
(h) Drive or permit the vehicle to be driven by any person if at the time of his/her 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
19: The hirer shall at or before the expiry of the term of the hire, deliver the vehicle as stated overleaf, or obtain the owner’s consent to the continuation of hire.
IMMEDIATE RETURN OF THE 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 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.
NOTE TO THE HIRER: THE OWNER’S AGENT MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT.
A COPY OF THIS AGREEMENT MUST BE KEPT IN THE VEHICLE DURING THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.
Downtown Car Rentals
31 Neilson St, Onehunga, Auckland.*
Phone (Country code 64, area code 9) 625-6469
Email:
rentals@New-Zealand-rental-cars.com
* Don't just go to our address - we're not always there. Call first.
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