Terms and Conditions

GENERAL

1. In these Terms:
2. 1. Act means Land Transport Act 1998.
   2. Agreement means the Rental Booking Form and these Terms. Each booking accepted by the Owner will constitute a separate contract on the terms of this Agreement.  
   3. Hirer or You means the person hiring the Vehicle from the Owner as named on the Rental Booking Form.
   4. Owner or We means Tripez Limited and its successors and assigns.
   5. Rental Booking Form means the completed booking form (hard copy or electronic) containing the specific rental details such as price and rental period.
   6. Terms means these Terms and Conditions of Rental.
   7. Vehicle means the vehicle specified in the Rental Booking Form. 
3. BOOKINGS 
4. 1. Booking: The Hirer agrees to place bookings in accordance with the Owner’s booking procedures as applicable from time to time.  The Owner may take and hold credit card details to enable it to deduct any additional costs incurred under this Agreement.
   2. Cancellation: Where you wish to cancel a booking, you may do so either by speaking to an Owner’s representative or by notice in writing. We reserve the right to charge a  cancellation fee of 25% of the daily Price if cancellation is notified between 24 and 48 hours of the booking time or one full day’s Price if cancellation is notified within 24 hours.
   3. Termination by Owner: The Owner will have the right to terminate this Agreement and repossess the Vehicle (and for that purpose enter any premises and remove 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. 1. 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; or
      7. The Owner considers, on reasonable grounds, that the Vehicle is endangered or the NZ Police recommends that the Owner terminate the hire in the interests of road safety. 

In the event of such termination or repossession the Hirer has no right to a refund of any part of the rental charges. The termination of the hire under this clause swill be without prejudice to the other rights of the Owner under this Agreement or otherwise. 

1. CHARGES
2. 1. Price: The Hirer will pay the price indicated on the Rental Booking Form, or other similar document issued by the Owner, together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the hire of Vehicle or otherwise under these Terms (“Price”). The daily rental price includes the distance of travel per day stated on the Rental Booking Form. Additional distance travelled will be charged at the rate per kilometre stated on the Rental Booking Form. 
   2. Bond: We require a refundable bond payment of $400 before we release the Vehicle.  We are entitled to deduct any additional or outstanding costs incurred under this Agreement from the bond. You may present a credit/debit card by way of bond and in doing so authorise us to charge any costs to your card.
   3. Additional Charges: Additional charges payable may include:
   4. 1. Charges for distance travelled as set out in clause 3.1;
      2. A penalty for late return where we have not previously agreed to extend the rental period (see the Annexure to these Rental Terms for more detail);
      3. On return of the Vehicle at the end of the rental term we will check each it for damage.  If we consider (in our sole discretion) that the Vehicle requires repairs, we may charge the repair cost on to you if it is not covered by insurance and is not due to an inherent mechanical fault;
      4. A $300 cleaning charge if the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing.  This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke (see the Annexure);
      5. Moving vehicle or parking infringement fees incurred during your rental period as further detailed in clause 5.6;
      6. Service fees for roadside assistance callouts that did not arise from an inherent mechanical fault. This will include refuelling, jumpstarts, tyre related incidents, lost keys or keys locked in the Vehicle. Roadside assistance required due to mechanical issues will be covered by the Owner;
      7. Any administration fees as specified in the Rental Booking Form and any bank fees or surcharges incurred in connection with making payment.
3. PAYMENTS
4. 1. Full payment must be made In advance on collection of the Vehicle.
   2. Refunds: Subject to clause 7.1, the Owner will not be obliged to make any refunds under this Agreement. This includes where an accident renders the Vehicle unfit to drive during the rental period.
   3. All payments by the Hirer will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
   4. Failure by the Hirer to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies of the Owner, simple interest at 1.5% per month will be payable on demand from the due date until payment.
   5. The Hirer will indemnify the Owner against all loss, costs and expenses, including legal costs on a solicitor/client basis and debt collection fees, which the Owner may suffer or incur as a result of any failure by the Hirer to make due and punctual payment.
5. YOUR OBLIGATIONS
6. 1. Restrictions on Use: You acknowledge that the Vehicle is under your control.  It is up to you to ensure that the Vehicle is used safely and appropriately. The Vehicle may be driven during the rental period only by the persons named in the Rental Booking Form and only if they hold a current driver’s license appropriate for the Vehicle. You are personally responsible for actions of a driver who is not named in the Rental Booking Form. In addition, you may not:
   2. 1. smoke or vape or allow any person to smoke or vape in the Vehicle;
      2. 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 Act;
      3. rent the Vehicle to any other person;
      4. operate the Vehicle or allow it to be operated to propel or tow any other vehicle;
      5. 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;
      6. use the Vehicle or allow it to be used in any race or similar event;
      7. 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;
      8. 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;
      9. drive or allow the Vehicle to be driven on any roads excluded in clause 6.3(p) below, or on any beach, driveway, or surface likely to damage the Vehicle;
      10. transport any animal in the Vehicle (with the exception of guide or assistance dogs);
      11. operate or allow the Vehicle to be used in involvement with any illegal activity.
   3. Operation: You or any other driver will ensure that:
   4. 1. Water and oil levels are maintained at the correct level and attention is paid if there is any sign of overheating. If there are obvious signed of overheating the driver must stop the Vehicle and call the Owner’s roadside assistance provider or the Owner for further instructions. If you do not take these steps when there are signs of overheating, you may be held liable for all consequential losses;
      2. Tyres are maintained at the proper pressure;
      3. The appropriate grade of fuel is used in the Vehicle;
      4. Vehicle warning lights are observed;
      5. Seat belt and child restraint laws are complied with at all times;
      6. Reasonable care is taken while driving and parking.
   5. Journey Plans: You must inform the Owner of your journey plans at the beginning of the rental period. Changes to your planned journey that extend the booking will be permitted provided the Owner is notified and the Vehicle is available for the extended period. Unapproved extensions will attract a penalty of $150 per day.
   6. Refuelling: You must return the Vehicle with a full tank of fuel. If the Vehicle is returned without a full tank we may apply a refuelling charge as set out in the Rental Booking Form and an administration fee of $50. Fuel gauges may continue to display "full" for several kilometres after refuelling. To ensure accuracy, please refill the tank within 15 km of the return location and provide a copy of the fuel receipt when returning the Vehicle. You may present the receipt at the Owner’s office or leave a copy inside the Vehicle. Failure to provide a receipt may result in an additional charge.
   7. Delays: You agree to notify us of any changes to the return time as soon as possible. As the Vehicle may be under a subsequent booking, we may not be able to accommodate a late return.
   8. Infringements: You are responsible for paying all infringement and toll charges incurred during the rental period. If you do not do so directly we will pay the charges on your behalf plus a processing fee of up to $50 per infringement or toll fee. 
   9. Accident or theft: in the event of an accident or theft of the Vehicle, you and the driver must:
   10. 1. Notify the Owner immediately (regardless of whether the Vehicle sustains any damage);
       2. Notify the Police promptly if the accident involves injury to a person or damage to property and request a copy of the Police report;
       3. Record full details of all parties, their driver license numbers, and insurance company details the vehicles involved in the accident and their registration numbers, and details of any witnesses;
       4. Complete and sign a Vehicle Incident Report (see our website for the form) and submit it to us;
       5. Cooperate with the Owner and its insurer in any investigation or subsequent legal proceeding.

DO NOT make any admission of liability or make any statements that could be construed as accepting responsibility for an accident nor arrange or undertake any repairs or salvage without the Owner’s prior approval unless that is necessary to prevent further damage to the Vehicle or other property. If you fail to notify the Owner within 24 hours and this failure results in additional costs you may be liable for these. 

1. INSURANCE
2. 1. Owner’s losses: Subject to any exclusions set out below, you and any listed driver are fully indemnified by the Owner’s insurance policy in respect of any liability you 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 
   2. 1. including towing and salvage costs associated with the recovery of the Vehicle and its accessories and spare parts.
      2. Third party losses: Subject to any exclusions set out below, you and any listed driver are indemnified to the extent permitted by the Owner’s insurance policy in respect of any liability you or they 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. This indemnity does not apply to any property being transported in the Vehicle at the time of the accident.
      3. Exclusions: The following exclusions apply to the indemnities stated above so that they will not apply where damage, injury or loss arises when:
      4. 1. The driver of the Vehicle is under the influence of alcohol or any drug;
         2. 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 the Hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the Vehicle;
         3. 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; 
         4. at any time when the Vehicle is driven by anyone not named or described in the Rental Booking Form as a person permitted to drive the Vehicle;
         5. at any time when the Vehicle is driven by an unlicensed person;
         6. at any time when the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a listed driver, or a person under the Hirer’s authority or control;
         7. at any time when the driver commits a traffic offence while driving the Vehicle;  
         8. at any time when the Vehicle is loaded or is being loaded in excess of the manufacturer's specifications;
         9. 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 the Hirer or listed driver;
         10. at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
         11. to any fine or penalty imposed as a result of prosecution for breach of any law;
         12. to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
         13. to any wear and tear to the Vehicle;
         14. 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 pipeline or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000;
         15. to any overhead damage to the Vehicle or to the property of any third party resulting from such overhead damage; 
         16. 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 tarseal or metal; including but not limited to beaches, driveways, or any surface likely to damage the  Vehicle; or 
         17. at any time when the Vehicle was operated in contravention of the terms of this Agreement or any agreed extension of the rental period.
      5. Limit of Indemnity: The indemnities in clauses 6.1 and 6.2 will not apply to the amount of the Hirer’s liability for damage (excess) for which the Hirer is fully responsible. This means the Hirer is liable for up to $100,000.00 for any damage (including damage caused by hail, storms, earthquake or other natural disasters) up to the full amount of the excess liability specified in the Rental Booking Form irrespective of fault. The Hirer’s liability for damage applies in respect of each separate accident or incident, not each rental. In this context damage includes:  
      6. 1. Any and all damage to the vehicle including windscreens, tyres, break-in or vandalism, theft, fire, towing and recovery costs;
         2. damage to third party property.
      7. Excess reduction option: The Hirer may reduce their standard excess of up to $3,000 by purchasing an additional excess reduction plan as detailed in the Annexure to these terms and online.
   3. OWNER’S OBLIGATIONS AND LIABILITY
   4. 1. Vehicle: The Owner will supply the Vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
      2. Running costs: The Owner will be responsible for all ordinary and extraordinary costs of running the Vehicle during the rental period except to the extent that those costs are payable by the Hirer.
      3. CGA: If the Hirer is a consumer under the Consumer Guarantees Act 1993 (CGA), nothing in this Agreement limits the Hirer’s rights under the CGA.  If the Hirer hires the Vehicle for business purposes, the provisions of the CGA will not apply and are expressly excluded.  
   5. HIRER’S LIABILITY AND RELEASE
   6. 1. Release: The Hirer releases the Owner and its employees and agents from any liability to the Hirer, for any loss or damage incurred by the Hirer by reason of rental, possession or use of the Vehicle.
      2. Indemnity: The Hirer hereby indemnifies and will keep indemnified the Owner and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the Hirer by reason of the Hirer’s use and/or possession of the Vehicle.
   7. INFORMATION ABOUT HIRER
   8. 1. The Hirer must notify the Owner of any change in circumstances that may affect the accuracy of the information provided by the Hirer to the Owner.
      2. Any personal or credit information provided by the Hirer or obtained by the Owner will be held by the Owner and may be used by it for any of the following purposes: determining eligibility and terms for the provision of credit to the Hirer, supplying the Hirer with the Vehicle, enforcing debts and other legal obligations owing to the Owner and disclosure to third parties associated with any of those purposes (including a credit reporting agency).  
      3. The Hirer authorises all persons, companies, credit reporting agencies and other entities to provide the Owner with such information as it may at any time request about the Hirer (including where applicable, its principals and directors) in relation to any of the purposes listed in clause 7.2.
   9. GENERAL
   10. 1. Force majeure: If any cause beyond the reasonable control of the Owner including but not limited to booking of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, natural event or other contingency interferes with the performance by the Owner of any of its obligations under this Agreement then the Owner may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Hirer in any respect.
       2. Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
       3. Variation to Terms: The Owner may vary or replace these Terms from time to time by notice in writing to the Hirer, which may be by email or posting on the Owner’s website.  Any such variation / replacement will only apply to future bookings made by the Hirer.  
       4. Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  The Owner may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
       5. Assignment: The Hirer may not transfer its rights in respect of the hire of Vehicle under this Agreement to any other party without the Owner’s prior written consent. 
       6. Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.