Effective September 28, 2022
This agreement is between Kabayan Rentals Limited (the “Operator”) and the hirer whose particulars are recorded in this agreement (the Hirer”). It is hereby agreed that:
1. The Operator will let and the Hirer will take the vehicle, details of which are set out on page 1 of this agreement
the “Vehicle”, for the term of hire described in this agreement.
2. The Vehicle may be driven during the term of hire only by the persons described in this agreement and only if each such person holds a current full driver’s licence appropriate for the class of vehicle in this agreement and is aged 21 or over. The licence details are recorded in the agreement alongside each person’s name. If the foreign driver’s licence is not in English, an English translation or international driving permit shall be carried
with the foreign driver’s licence.
3. The Hirer shall pay the Operator for the hire of the Vehicle the sums specified in this agreement. At time of booking a 10% deposit is payable. The deposit secures the booking. The balance shall be due at the day and time of vehicle collection. If the term of the hire is later extended the Hirer shall pay the Operator for the additional hire period when the Operator confirms the extended period. Extensions are subject to availability and are calculated at the daily rental rate on the date booked.
4. The Hirer and the Operator acknowledge that, subject to availability, at any time prior to pick-up of the Vehicle, the Hirer may request additional accessories to be added to those made at the time of booking or to extend the term of the hire. Accordingly, the hire costs will not be finalised until pick up. In the event of additional accessories being added and/or the hire term extended, payment in full for those additions must be made contemporaneously with pick-up of the Vehicle.
5. In addition, the Hirer acknowledges that s/he shall be liable to pay to the Operator at the end of the hire period any applicable additional charges specified in the agreement. These may include charges for fuel, damage to or repair of the vehicle (subject to other terms in this agreement), costs incurred for the Operator through salvage or loss of revenue resulting from the hire, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees, and toll charges and the administration costs relating to these fines, fees, and charges. The Operator will deduct such charges from the Hirer’s credit card during or after the term of hire is completed, or the Hirer may pay such charges as agreed with the Operator, such choice to be at the Operator’s sole discretion.
6. All payments shall be made in New Zealand Dollars.
7. Rental days are calculated on a 24-hour basis.
8. The Hirer agrees to pay a bond equal to the applicable insurance excess at the start of the hire which will be refunded once the Vehicle and its contents have been returned in the same condition as when hired and the Vehicle is returned to the agreed location on the agreed date. The bond will be reduced rateably and proportionally to allow the Operator to put the Vehicle and/or its contents back in the same condition it was when it was hired.
9. On payment of liability reduction insurance by the Hirer, the bond payable by the Hirer is reduced to NZ$500 and for Luxury Vehicles NZ$1500.
10. The Hirer shall not:
11. The Operator shall supply the Vehicle in a safe and roadworthy condition, up to the current Certificate of Fitness standards.
12. The Operator 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.
13. If the reserved Vehicle is not available for reasons outside the Operator’s control, then the reserved Vehicle may be substituted with a comparable no extra cost to the Hirer. Such Vehicle substitution shall not constitute a breach of contract and does not entitle the Hirer to any form of refund. If no substitute Vehicle is available to the Hirer, the Operator’s liability shall be limited to a refund of the hire charge in full. In the case of mechanical failure (unless caused by the Hirer), the Operator’s liability shall be limited to the hire charge for the remainder of the term of hire.
14. The Hirer shall ensure that:
15. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Operator of the full circumstances within 24 hours in order to give the Operator the opportunity to rectify the problem during the rental. Failure to do so may affect any claims for compensation.
16. The Hirer shall not arrange or undertake any repairs or salvage without the Operator’s authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. If the Vehicle is damaged to the extent that it cannot be driven, the Operator shall endeavour to exchange the Vehicle. Provision of an exchange vehicle is subject to availability and Hirer’slocation.
17. The Operator’s liability extends only to the refund of hire charges for any full days of Vehicle use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, accommodation charges or meals resulting from a breakdown or accident will be accepted.
18. All Vehicles are registered with the Automobile Association (AA) for 24 hour roadside assistance. This service covers any mechanical faults with the Vehicle. The AA does not cover the following and the associated costs will be the responsibility of the Hirer:
19. All non-mechanical call-outs to the AA will incur a call-out charge.
20. The Hirer shall, at or before the expiry of the term of hire, deliver the Vehicle to the Operator as shown on the front of this agreement, or obtain the Operator’s consent to the continuation of the hire. Any alteration to the place the Vehicle is returned to may be subject to a charge of up to NZ$1000. Failure to return the Vehicle at the agreed time and/or day will incur a late fee of NZ$100 per day payable in addition to the daily rental rate for each day until the Vehicle is returned.
21. The Hirer shall return the Vehicle with
22. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, covered against any loss or damage to the Vehicle and for any consequential damage, loss or costs incurred by the Operator through salvage or loss of revenue resulting from the hire beyond the applicable excess amount.
23. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, is indemnified to the extent of NZ$500 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.
24. The Hirer’s liability will be for any loss or damage to the Vehicle, however caused, and for any consequential loss or damage, during the term of this hire, or during any authorized extensions to the term up to the applicable excess amount.
25. The Hirer is liable for payment of the applicable insurance excess in the case of damage to, or accidents involving the Vehicle when the Hirer has not taken liability reduction insurance. On payment of the liability reduction insurance by the Hirer, the excess payable by the Hirer is reduced or eliminated depending on the liability reduction option selected and subject to exclusions in clause.
28. The Operator may make the applicable deduction from the Hirer’s credit card following notification of any loss or damage to the Vehicle.
26. In the event of any damage to a Vehicle or third party property, another bond shall be collected to cover the excess for any subsequent damage.
27. Where the total cost of a claim is less than the excess then the Hirer shall be liable to pay that lesser amount.
28. The Hirer acknowledges that the cover referred to in clause 22 will not apply when:
29. The Hirer is advised that New Zealand law permits the Operator to debit the Hirer’s credit card for any infringement fee for an offence where the offence was committed during the term of the hire. These include speeding, toll road, parking and freedom camping offences. The Operator may also charge an administration fee of NZ$25 per infringement notice received.
30. The Operator will send the Hirer a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the Operator. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
31. Any amendment to the Hirer’s booking must be approved by the Operator. If an amendment occurs and is approved, the rental rate applicable may be recalculated based on the then current applicable rental rate for the Vehicle. The Hirer may cancel its booking of the Vehicle at any time prior to picking up the Vehicle by giving The Operator written notification, but will be liable to pay a cancellation fee to The Operator in accordance with this clause. If the Hirer notifies The Operator of the cancellation more than 24 hours prior to the scheduled time of pick up there will be a cancellation fee of 10% of the total charges for the Vehicle rental. If the Hirer notifies The Operator of the cancellation less than 24 hours prior to the scheduled time of pick up or does not collect the Vehicle at the scheduled time of pick up (i.e. is a “no show”), the cancellation fee is 100% of the total charges for the Vehicle rental that would have been associated with the booking. Any amounts refunded to the Hirer under clause 32 are subject to an administration fee to cover the cost of processing the refund of 10% of the
refund due, or $20.00, whichever is higher.
32. The Operator may cancel the hire agreement and take immediate possession of the Vehicle if:
33. If the Operator cancels the hire agreement then no refund will be given.
34. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the Operator and the rights of the Hirer under this agreement.
35. Terms and conditions as well as rates quoted are subject to change without notice. However, rates or conditions for a particular booking shall not be altered once that booking has been confirmed except where clause 31 applies.
36. The Operator may assist the Hirer with installation of a child restraint. However, the Operator will not be liable for any loss or damage incurred by the Hirer in relation to child restraints. It is the legal responsibility of the child’s parent or guardian to ensure that their child is properly restrained.
37. The Hirer releases the Operator and its employees and agents from any liability to the Hirer (regardless of who is at fault) for any loss or damage incurred by the Hirer by reason of rental, possession or use of the Vehicle or storage of personal belongings at the Operator’s premises
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