Agreement To Hire Rental Vehicle 

An agreement made between the owner and the hirer whose particulars are entered in this agreement. It is hereby agreed as follows:

VEHICLE DESCRIPTION

1. The owner will let and the hirer will take on hire the motor vehicle described in this agreement.

DURATION OF HIRE​

2. The term of hire shall be for the period as described in this agreement.

PERSONS WHO MAY DRIVE VEHICLE

3. The vehicle may be driven during the period of hire only by the persons described in this agreement and only if each such person holds a current driver’s licence (particulars of which are given alongside the name and address) appropriate for the vehicle at the time when they are driving the vehicle.

PAYMENTS BY HIRER

4. The hirer shall pay to the owner as payment for the hire of      

the vehicle for the period of hire referred to in clause 2 of this agreement the sum as specified in this agreement.

5. In additional to the payment referred to in clause 4 or this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clause 10 of this agreement. 

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 rate referred to in this agreement.

7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.

HIRES OBLIGATIONS

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 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 include towing 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 other driver authorised to drive the vehicle are 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 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 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 in clause 3 of the agreement. 

(e) The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding

or has never held a driver’s 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 road, Husky Flat to Ball Shelter, Skippers Queenstown, 90 Mile Beach Northland, Coast Road to Russell Northland, Raspberry Creek car park road to Mt Aspiring National Park Wanaka (only vehicles with high ground clearance).

(h) The vehicle is operated outside the term of hire or any agreed extension of the term. 

OWNERS OBLIGATIONS

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 be 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 no oil, used during the term of the hire is the responsibility of the hirer. 

MECHANICAL, REPAIRS AND ACCESSORIES

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.

14. 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.

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 of permit the vehicle to be used for the carriage of passengers for hire or reward is hired with the knowledge of the owner for use in a passenger  service licence under Par Vll of the Transport Act 1962 or exempted from licensing under the Act.

17. The hirer shall not:

(a) Subject to 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 circumstance 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 the vehicle to be operated in any race, speed test 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 1976, or any other Act regulations or bylaws 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 good s specified in the certificate of loading for the vehicle.

(h) Drive or permit the vehicle to be driven by any person it 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.

18. The hirer shall, at all before the expiry of the term of hire, deliver the vehicle to the owner’s place of business or the owner’s agent at the agent’s place of business, or obtain the owners’ consent to the continuation of hire.

IMMEDIATE RETURN OF THE VEHICLE WHERE DEFAULT OR DAMAGE

19. 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 MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHTOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.

PLEASE FILL THE PETROL OR DIESEL TANK BEFORE RETURNING THE VEHICLE.