Terms and Conditions
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TERMS AND CONDITIONS OF VEHICLE RENTAL –TRIPEZ RENTALS
TERMS AND CONDITIONS OF VEHICLE RENTAL – VERSION 3.0
Last updated: [8th December 2025]
These Terms and Conditions form part of the Agreement between you (the Hirer/Driver) and us (Tripez Limited [TRIPEZ Rentals], “TRIPEZ”, “we”, “us”, “our”) for the hire and use of our vehicles in New Zealand. By signing the Rental Booking Form or collecting the keys, you agree to be bound by this Agreement.
Nothing in this Agreement is intended to exclude or limit any rights you may have under the Consumer Guarantees Act 1993 (CGA), Fair Trading Act 1986 or other applicable New Zealand law, except to the extent permitted when you hire for business purposes only.
1. DEFINITIONS
In these Terms:
- Act means the Land Transport Act 1998.
- Agreement means these Terms and Conditions together with the Rental Booking Form and any additional written terms agreed with you.
- Authorised Driver means the Hirer and any additional driver named on the Rental Booking Form and accepted by us.
- Bond means the refundable security amount we require before releasing the Vehicle.
- Business Hirer means a Hirer who hires the Vehicle in trade or for business purposes.
- CGA means the Consumer Guarantees Act 1993.
- Details / Rental Booking Form means the booking confirmation or rental booking document (hard copy or electronic) that records your details, the Vehicle, hire price, Bond, dates and times, and any selected options.
- Hirer / You means the person or entity named as the hirer in the Rental Booking Form, including any person who signs the Agreement on their behalf.
- Incident means any accident, claim, theft, loss, breakdown or other event involving the Vehicle, third party property or injury to any person in connection with the Vehicle.
- Owner / We / Us / Our means TRIPEZ LIMITED and its successors and assigns.
- Rental Period means the period from the agreed collection date/time until the Vehicle is returned to us in accordance with this Agreement (including any approved extensions).
- Terms means these Terms and Conditions of Vehicle Rental.
- Vehicle means the vehicle specified in the Rental Booking Form, including any tools, accessories, keys, child seats, GPS units or other equipment supplied with it.
2. APPLICATION OF CONSUMER LAWS
2.1 Consumer use:
If you are a consumer under the Consumer Guarantees Act 1993, nothing in this Agreement limits your rights under the CGA.2.2 Business use:
If you hire the Vehicle in trade / for business purposes, you agree that the CGA does not apply to this Agreement and that this is a fair and reasonable agreement to contract out of the CGA.2.3 Fair Trading Act:
Nothing in this Agreement permits misleading or deceptive conduct. We will comply with the Fair Trading Act 1986 and expect you to do the same (for example, by not providing false or misleading information or making malicious or dishonest claims about us).3. BOOKINGS, AMENDMENTS & CANCELLATIONS
3.1 Placing bookings
You must place bookings in accordance with our booking procedures. We may require credit/debit card details at the time of booking as security for the Bond and any additional costs under this Agreement.3.2 Amendments
- All amendments (dates, times, Vehicle type, pick-up/drop-off location) are subject to our approval and vehicle availability.
- We will charge a reasonable administration fee for amendments and may recalculate the Price based on our current applicable rates.
3.3 Cancellations by you (standard self-drive bookings)
Unless otherwise agreed in writing or specified in your booking confirmation:- Cancellation 24–48 hours before pick-up: we charge you not less than 25% of the daily rental Price.
- Cancellation within 24 hours of pick-up or “no show”: we charge not less than one full day’s rental.
If you have a promotional or special rate, additional or different cancellation rules may apply as shown in your booking confirmation or on our website.
3.4 Early return
If you return the Vehicle early for any reason, no refund is payable for unused days unless we are required by law to refund.3.5 Cancellation or refusal by us
We may cancel a booking or refuse to hire (with a full refund of any prepaid rental, unless we terminate for your breach or fraud) if:- the Vehicle is unavailable due to breakdown, accident or other operational reason; or
- we reasonably believe that providing the rental would be unsafe, unlawful, or expose us, our staff, or the public to unacceptable risk.
4. CHARGES, BOND & PAYMENTS
4.1 Price
You must pay the Price shown on the Rental Booking Form, together with any GST and other taxes payable. Daily rental includes any standard daily distance included in your booking. Extra kilometres will be charged at the per-km rate stated in the Rental Booking Form.4.2 Bond
- A refundable Bond (e.g. $400) is payable before we release the Vehicle.
- We may hold this as a pre-authorisation on your credit/debit card or by upfront payment.
- We may deduct from the Bond any amounts owed under this Agreement, including damage costs, extra kilometres, cleaning, infringement fees, tolls, late return fees, fuel charges, administration fees or interest.
4.3 Additional charges (examples, non-exhaustive)
Additional charges may include:
- Extra distance travelled beyond the daily allowance.
- Late return / unapproved extension (see clause 6 & 7).
- Damage repairs not covered by insurance or due to an exclusion.
- Cleaning fee (e.g. from $300) if the Vehicle is returned excessively dirty or requiring deodorising (spilled fluids, food, vomit, stains, smoke odour etc.).
- Roadside assistance call-outs due to Hirer error (out of fuel, wrong fuel, flat battery from lights left on, tyre incidents, lost/locked keys etc.).
- Refuelling charges and administration fee if Vehicle is not returned full.
- Administration fees for handling tolls, infringement notices, debt collection or recovery.
4.4 Payments
- Full rental is payable in advance on collection, unless otherwise agreed in writing.
- All payments must be full and clear, without set-off, deduction or counterclaim.
4.5 Overdue amounts & collection
- Any amount not paid when due is in default and may attract interest (e.g. 1.5% per month) from the due date until paid.
- You indemnify us for all reasonable costs we incur in collecting overdue amounts, including legal and debt collection costs on a solicitor/client basis.
5. RENTAL PERIOD, COLLECTION & RETURN
5.1 Rental Period
The Rental Period is the period stated in the Rental Booking Form plus any approved extension. Daily charges are based on 24-hour periods (for example, 10:00 am to 10:00 am).5.2 Collection
You must inspect the Vehicle at pick-up and note any existing damage on the condition report or Rental Booking Form.5.3 Return
You must:- Return the Vehicle on the agreed date, time and location stated in the Rental Booking Form;
- Return all keys, accessories and documents;
- Ensure the Vehicle is reasonably clean and with a full tank of fuel (unless we have agreed otherwise); and
- Allow us to inspect the Vehicle. If you drop outside hours, you remain responsible for the Vehicle until we are able to inspect and process it.
5.4 Unapproved late return / abandonment
If you keep the Vehicle beyond the agreed time without our approval, we may:- Treat this as an unauthorised extension;
- Charge additional rental at the applicable daily rate plus a late return / unauthorised extension fee (for example, $150 per day, or higher if stated in your booking);
- Report the Vehicle as missing or stolen; and
- Repossess the Vehicle (see clause 12).
6. USE OF THE VEHICLE – RESTRICTIONS
You acknowledge that the Vehicle is under your control and it is your responsibility to ensure it is used safely and lawfully.
6.1 Authorised Drivers only
The Vehicle may only be driven by the Hirer and any Authorised Drivers named in the Rental Booking Form who:- hold a current and valid driver’s licence appropriate for the Vehicle; and
- comply with any licence conditions (e.g. NZ restricted licence conditions).
6.2 You must NOT:
- smoke or vape or allow any person to smoke or vape in the Vehicle;
- allow animals in the Vehicle (except approved guide/assistance dogs);
- use the Vehicle to carry passengers for hire or reward unless we have agreed in writing and all relevant licences/TSL requirements are met;
- sub-hire, rent or lend the Vehicle to any other person;
- tow or propel any other vehicle or trailer (other than any trailer we supply and approve);
- drive under the influence of alcohol, drugs or any substance to an extent prohibited by law (including ss 56–58 of the Land Transport Act 1998);
- participate in any race, rally, trial, speed test, time trial or similar event;
- operate the Vehicle in breach of the Act, the Land Transport (Road User) Rule 2004, or any other applicable law;
- overload the Vehicle with more passengers or goods than permitted in the certificate of loading or manufacturer’s specifications;
- drive on any beach, unformed road, or any surface likely to damage the Vehicle, or on any roads that we specify as prohibited in your Rental Booking Form;
- use the Vehicle in connection with any illegal purpose or activity;
- allow the Vehicle to be used recklessly, negligently or in a manner likely to cause damage or excessive wear.
6.3 Seatbelts and child restraints
You are responsible for ensuring that all seatbelts and approved child restraints are used correctly and that all legal requirements regarding child restraints and occupant safety are complied with.7. YOUR OBLIGATIONS – CARE & OPERATION
7.1 General care
You (and any Authorised Driver) must:- take reasonable care when driving and parking;
- maintain correct water and oil levels;
- monitor warning lights and stop the Vehicle and contact us or roadside assistance if there are signs of overheating or mechanical fault;
- maintain correct tyre pressures;
- use the correct grade of fuel;
- ensure the Vehicle is locked and secure when unattended.
7.2 Journey plans & extensions
You must inform us of your intended journey at the start of the Rental Period. Any change that extends the booking must be approved by us and is subject to availability; otherwise, unauthorised extensions may incur penalty fees (for example, $150 per day).7.3 Refuelling
- The Vehicle must be returned with a full tank of fuel.
- If returned less than full, we may refuel and charge you the cost of fuel plus a refuelling administration fee (e.g. $50). We recommend refuelling within 3 km of the return location and leaving the fuel receipt in the Vehicle.
7.4 Tolls and infringements
You are responsible for all tolls, parking tickets, speeding tickets and other traffic infringements incurred during the Rental Period. If you do not pay them directly, we may pay them on your behalf and recharge you the amounts plus an administration fee of not less than $50 per infringement or toll.7.5 Smoking, animals, cleaning
If you or your passengers smoke/vape in the Vehicle or carry unauthorised animals, or if the Vehicle is returned in an excessively dirty condition, we will charge a grooming/cleaning fee (e.g. minimum $300), reflecting the genuine and reasonable pre-estimate of our cleaning and downtime costs.8. ACCIDENTS, INCIDENTS, THEFT & BREAKDOWNS
8.1 Immediate steps
If there is any Incident (including accident, theft, break-in, vandalism or new damage), you must:- stop driving as soon as it is safe to do so;
- notify us as soon as practicable and at least within 24 hours;
- notify the Police promptly if anyone is injured or property is damaged and request a copy of the Police report;
- record details of all parties, witnesses, vehicle registrations and insurance details;
- not admit liability;
- complete and sign our Vehicle Incident Report and provide any photos, diagrams or other information we reasonably request;
- cooperate fully with us and our insurer in any investigation or legal proceedings.
8.2 Repairs & recovery
You must not arrange repairs, recovery or salvage without our prior consent, except where necessary to prevent further damage or to protect safety. If you pay for salvage with our approval, we will reimburse you where you are not liable for the Incident and you provide tax invoices/receipts.8.3 Breakdowns
If the Vehicle becomes unfit to drive due to a mechanical breakdown that is not caused or contributed to by you or an Authorised Driver:- we will refund rental charges relating to the period during which the Vehicle could not be used; and
- at our discretion, we will arrange a replacement vehicle or terminate the Agreement.
We are not responsible for indirect or consequential losses (for example, missed flights or accommodation) unless required by law.
8.4 Non-mechanical roadside assistance
If roadside assistance is required due to Hirer error (e.g. out of fuel, wrong fuel, lost/locked keys, flat battery from lights left on, tyres, getting bogged down), you are liable for the roadside assistance call-out fee and any associated costs.9. INSURANCE & HIRER’S LIABILITY
9.1 Owner’s insurance
Our Vehicles are insured under a motor vehicle insurance policy with a New Zealand-licensed insurer. Subject to the exclusions and your compliance with this Agreement, you and any Authorised Driver must be indemnified for:- loss of or damage to the Vehicle and our consequential loss (including loss of use and towing); and
- liability to third parties for property damage arising from use of the Vehicle.
9.2 Excess / Hirer’s liability
(a) Standard Excess – fixed amount
Unless you have purchased an excess-reduction option under clause 9.3, your liability to us for each Incident is a fixed excess of NZD $2,500 including GST (the Standard Excess).This is the minimum amount you must pay us per Incident, even if the cost of the loss or damage arising from that Incident is less than $2,500.(b) Separate excess for each Incident
If more than one Incident occurs during the Rental Period (for example, two separate accidents on different days), a separate Standard Excess is payable for each Incident.(c) When the excess is payable
You must pay the Standard Excess:- immediately on our demand once an Incident has occurred; and/or
- by authorising us to debit your nominated card, or by allowing us to deduct the amount from your Bond,
and we may hold or apply the Standard Excess while we assess our total loss arising from the Incident.
(d) Application of the excess and possible refund
We will apply the Standard Excess towards our loss, including damage to the Vehicle, third-party property damage, towing, storage, loss of use, our reasonable administration costs and any applicable fees.If, after our assessment and after any recoveries from third parties or insurers, our total loss relating to that Incident is materially less than $2,500, we may (at our sole discretion) refund part of the Standard Excess to you. Nothing in this clause requires us to refund any part of the Standard Excess unless required by law.(e) When the Standard Excess Does Not Cap Your Liability
The Standard Excess (including any reduced excess purchased under clause 9.3) does not limit, reduce or cap your liability in any circumstances where an exclusion applies under clause 9.4, or where damage, loss or costs arise from conduct outside the permitted use of the Vehicle. In such situations you may be liable to pay the full amount of our loss, costs and damages, which will be significantly more than the Standard Excess of $2,500.
You will be fully liable (uncapped) if any of the following occur, whether by you, an Authorised Driver, or any person under your authority:
- Malicious, intentional, reckless or deliberate damage, misuse or mistreatment of the Vehicle or company property.
- Fraudulent, dishonest or misleading behaviour, including but not limited to:• knowingly providing false or misleading information about incidents, identity, licence or drivers;• staging, exaggerating or fabricating an accident or claim;• attempting to avoid charges, liability or payment through deception, false allegations or vexatious complaints.
- Malicious, abusive or vexatious behaviour towards TRIPEZ staff, contractors or representatives with the purpose of intimidation, personal gain or avoiding responsibility.
- Vulnerable, opportunistic or exploitative conduct intended to manipulate process, exploit loopholes, damage reputation, create operational disruption or gain unlawful advantage.
- Use of the Vehicle in breach of legal, safety or operational requirements, including but not limited to:• driving under the influence of alcohol or drugs;• driving by unauthorised or unlicensed persons;• involvement in illegal activity or evading Police;• off-road use, beach driving, water immersion or use on prohibited roads.
- Failure to report incidents promptly, refusal to cooperate with investigations, or withholding information that affects recovery, insurance or assessment of loss.
- Tampering with tracking systems or vehicle equipment, including GPS, telematics, odometers, immobilisers or otherwise obstructing recovery or repossession.
- Incorrect fuel use, contamination, lost keys, interior damage, underbody/roof/water damage, tyre or windscreen damage, unless expressly covered under a purchased excess-reduction package.
- Insurance declines or becomes void due to your breach, behaviour, omission or illegal operation of the Vehicle.
Where any of the above conduct occurs, you will be responsible to pay the full cost of repairs or replacement, loss of rental income (loss of use), towing, recovery, storage, inspections, administrative time, legal costs, tribunal representation, expert assessments, and any associated operational losses.
If any of the behaviours, breaches or exclusions listed above occur, any purchased excess-reduction option will be automatically void and of no effect, and you will remain liable for the full cost of the loss, not limited to the Standard Excess or reduced excess amount.
(f) Third-party recoveries
If you have paid the Standard Excess and we later recover any amount from a third party (including their insurer) in respect of the same Incident, we may retain from that recovery our reasonable costs (including legal and expert costs) and any remaining uncompensated loss. If we then hold more from you (including the Standard Excess) than our total loss in respect of that Incident, we will refund the surplus to you.
9.3 Excess Reduction Options
(a) Availability
You may purchase an excess-reduction option prior to or at the commencement of the Rental Period (subject to availability and acceptance by us). Excess reduction is optional and is not automatically included in the rental price.(b) Effect of excess-reduction
Where you purchase an excess-reduction option, the Standard Excess of $2,500 will be reduced to the lower amount specified in the Rental Booking Form and/or Fee Schedule/Annexure (for example, $1,500 / $750 / $350 /$100 /$0 depending on the option selected).The reduced excess amount applies per Incident, provided no exclusion in clause 9.4 applies.(c) Separate excess per Incident
Each Incident attracts one excess. If multiple incidents occur, the reduced excess applies separately to each event as if each were its own claim.(d) Excess reduction is not insurance
Excess-reduction is a waiver of part of the Standard Excess only, not an insurance product or a guarantee. It does not remove liability where an insurance exclusion applies, nor does it cover:- deliberate, reckless or malicious damage;
- breaches of the Agreement, including clause 6 (Use of Vehicle restrictions);
- incidents involving unauthorised drivers or illegal use;
- fuel contamination, interior damage, underbody/roof/water damage, lost keys, tyres or windscreen damage unless expressly covered in the purchased option;
- any costs exceeding the reduced excess where exclusions apply.
(e) When the reduced excess does not apply
If an exclusion in clause 9.4 applies, excess-reduction will not apply and you will be liable for the full cost of the damage, recovery, loss of use and all associated expenses.(f) Refund of excess-reduction fee
The excess-reduction fee is non-refundable, including where no Incident occurs, unless we are required by law to refund or where we have cancelled the rental due to reasons not caused by you.9.4 Insurance exclusions – full liability
You will be fully liable (to the full cost of the Vehicle and all related losses) where loss, damage or liability arises in any of the following circumstances (non-exhaustive):- the driver is under the influence of alcohol or drugs beyond legal limits;
- the Vehicle is driven by a person who is not an Authorised Driver or who does not hold a valid licence;
- the Vehicle is used in breach of any of the “Use of Vehicle” restrictions in clause 6;
- the Vehicle is used in any race, speed test, rally, contest or similar event;
- deliberate, reckless or wilful damage by you, an Authorised Driver or any person under your authority;
- the Vehicle is overloaded or improperly loaded beyond manufacturer specifications;
- the Vehicle is driven on prohibited roads, beaches, or surfaces likely to cause damage;
- water, sand, underbody or roof damage (including submersion in water, river crossings, beach driving, or hitting overhead/underbody obstacles);
- damage arising from incorrect fuel or contamination of fluids;
- failure to stop after an accident or to comply with legal obligations to report;
- failure to notify us of an Incident or new damage within the required timeframe, where this causes or contributes to increased loss;
- costs of replacing lost keys or retrieving keys locked inside the Vehicle;
- personal belongings in the Vehicle – these are not covered by our insurance;
- tyres and windscreens, unless covered by any optional add-on you purchase.
9.5 Your own insurance
If we agree that you may rely on your own insurance, you remain fully liable to us for all losses, costs and damages under this Agreement and must ensure your insurer pays us directly.10. OWNER’S OBLIGATIONS & LIMITATION OF LIABILITY
10.1 Vehicle condition
We will supply the Vehicle in a safe and roadworthy condition, up to current Warrant/Certificate of Fitness standards.10.2 Running costs
We are responsible for all ordinary and extraordinary running costs of the Vehicle during the Rental Period except those that this Agreement makes payable by you (e.g. fuel, cleaning, damage exclusions).10.3 Limitation of liability (business use)
Except as required by law, and subject to the CGA and Fair Trading Act:- our total liability to a Business Hirer under or in connection with this Agreement is limited to the total amount paid by you for the rental; and
- we are not liable for any indirect or consequential loss, loss of profits, loss of opportunity or loss of enjoyment.
11. HIRER’S INSURANCE, LIABILITY, RELEASE & INDEMNITY
11.1 Owner’s losses – indemnity for Vehicle damage (what is covered)
Subject to the exclusions in clause 11.3 and your compliance with this Agreement, you and any Authorised / Listed Driver are indemnified under the Owner’s motor vehicle insurance policy for liability to the Owner in respect of:
- loss of or damage to the Vehicle, its accessories and spare parts; and
- consequential loss of revenue or other expenses of the Owner arising from that loss or damage, including reasonable towing, recovery and salvage costs.
Indemnity is provided only where the applicable excess has been paid, and always remains subject to the terms of the insurer and this Agreement.
11.2 Third party losses – indemnity for damage to others
Subject to clause 11.3, you and any Authorised / Listed Driver are indemnified, to the extent permitted by the Owner’s insurance policy, for liability arising from damage to third-party property or animals during the Rental Period.
This indemnity does not apply to:
- property being transported inside the Vehicle, or
- your own or passengers’ property (personal items are not covered).
11.3 Exclusions – when the insurance indemnity does not apply
The indemnities in clauses 11.1 and 11.2 will not apply where loss, damage or liability arises in any of the following circumstances. In these cases, insurance may be declined and you may be responsible for the full cost of the Owner’s loss, not just the excess:
(a) Driver under influence of alcohol or drugs.
(b) 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;(c) 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;(d) 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;
(e) At any time when the Vehicle is driven by an unlicensed person;
(f) 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;
(g) At any time when the driver commits a traffic offence while driving the Vehicle;
(h) At any time when the Vehicle is loaded or is being loaded in excess of the manufacturer's specifications;
(i) 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;
(j) 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;
(k) To any fine or penalty imposed as a result of prosecution for breach of any law;
(l) To any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
(m) To any wear and tear to the Vehicle;
(n) 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;
(o) To any overhead/roof/underbody damage to the Vehicle or to the property of any third party resulting from such overhead damage;
(p) Driving on prohibited roads: At any time when the Vehicle was being driven on any of the following roads:
- Skipper’s Canyon (Queenstown),
- Ninety Mile Beach (Northland),
- Any unformed/off-road/beach/riverbed surface, or any surface likely to cause damage or roads other than tarseal or metal; including but not limited to beaches, driveways, or any surface likely to damage the Vehicle.
(q) At any time when the Vehicle was operated in contravention of the terms of this Agreement or any agreed extension of the rental period.
(r) Malicious, fraudulent, vexatious, deceptive or abusive behaviour, including:
- deliberately providing false information about an incident/driver/license,
- staging or exaggerating accidents/damage,
- false or retaliatory complaints to avoid payment,
- threatening or abusive conduct to gain advantage or avoid liability.(s) Tampering with GPS/odometers/Dash Camera Recording/ immobilisers/ telematics or vehicle tracking systems, or obstructing repossession or location attempts.(t) Any situation where the insurer is entitled to decline, reduce or void cover due to the actions or omissions of the Hirer or driver.
Where any of the above apply, insurance coverage may be fully or partially unavailable and full financial liability rests with the Hirer.
11.4 Hirer’s liability, excess and boundaries of cover
(a) Standard Excess – $2,500 per incident
Unless an excess-reduction option is purchased under 11.5, the Hirer must pay a fixed $2,500 excess (including GST) for each separate incident.(b) Per-incident application
Every event/accident has its own excess charge. Multiple incidents = multiple excesses.(c) Payment of excess
The Owner may:- deduct excess from the Bond, or
- charge directly to stored payment method when incident is reported, or
- invoice the Hirer.
Refund of unused excess may occur only if final confirmed repair cost is significantly lower.
(d) Definition of “damage” includes (not limited to):
- damage to any part of the Vehicle interior/exterior
- windscreen/mirror/window damage
- tyres/wheels/rims
- towing, recovery, storage
- damage to third-party property where insurance is valid
(e) When Excess Does Not Cap Liability (full uncapped liability)
The excess is not a maximum limit. You may owe more than $2,500 if:- any exclusion under 11.3 applies, OR
- insurance is void/declined, OR
- misconduct, deliberate misuse, fraud, illegal driving or malicious behaviour occurred.
In such cases:
You may be required to pay the full value of repair or full vehicle replacement, loss of rental income (loss of use), towing, storage, assessments, administrative time, legal, tribunal and debt recovery fees, without limitation.
Excess reduction does not apply in these cases and becomes automatically void.
11.5 Excess Reduction Options (If Offered)
- Optional add-on that reduces excess from $2,500 → lower level (e.g. $1,500 / $750 / $350 / $100 / $0).
- Only applies when insurance would normally respond.
- Automatically void in all circumstances listed under 11.3.
- Not an insurance policy – only lowers payable excess, not total liability.
- Non-refundable unless required by law.
11.6 Release
To the maximum extent permitted by law, you release us and our employees and agents from any liability for loss or damage you suffer arising from possession or use of the Vehicle (except where caused by our negligence or where we are liable under the CGA or other non-excludable law).11.7 Indemnity
You indemnify us and our employees and agents against any claims, demands, losses, damages and costs (including legal costs) we incur as a result of your breach of this Agreement, your use or misuse of the Vehicle, or any malicious or dishonest actions by you or persons under your control.12. TERMINATION, REPOSSESSION & RIGHT TO REFUSE SERVICE
12.1 Immediate termination & repossession
We will terminate this Agreement and repossess the Vehicle (and for that purpose enter any premises and remove the Vehicle) at any time without notice, and you must pay reasonable repossession and towing costs, if:- you are in material breach of this Agreement;
- you obtained the Vehicle by fraud or misrepresentation;
- payment for the rental is in arrears or your card payment is declined or reversed;
- the Vehicle appears to be abandoned;
- the Vehicle is not returned on the agreed return date/time;
- the Vehicle is damaged or we reasonably believe it is at risk of damage;
- we reasonably believe the Vehicle is endangered or the NZ Police recommend termination for safety reasons; or
- we reasonably believe that an insurance exclusion or malicious/vexatious conduct (see clause 13) has occurred or is likely to occur.
12.2 No Refund on Termination for Breach
Where we terminate this Agreement and/or repossess the Vehicle under clause 12.1 due to your breach, misconduct, non-payment, unauthorised use of the Vehicle, or for any reason where you are at fault:
(a) No entitlement to refund
You will not be entitled to any refund of rental fees already paid, including for unused days remaining in the Rental Period.(b) Outstanding charges still payable
You remain liable for all charges owed up to the date of repossession or termination, including (but not limited to):- rental fees for the full period originally booked, whether or not the Vehicle was used;
- any additional rental days beyond the agreed return time (including unauthorised extensions);
- damage costs, insurance excesses, or full damage liability where exclusions apply;
- cleaning, towing, recovery, repair and loss-of-use charges;
- administration fees relating to damage, infringements, claims or recovery;
- any other charges under this Agreement.
(c) Loss of rental income / loss of use
Where the Vehicle is damaged, impounded, seized or out of service as a result of your breach or improper use, you agree to compensate us for loss of rental income and loss of ability to re-hire the Vehicle for the period reasonably required for repair/recovery.(d) Repossession access
If we are required to repossess the Vehicle, you agree to:- cooperate reasonably with us;
- return the Vehicle immediately upon request; and
- provide access to retrieve the Vehicle, including allowing us to enter property or premises where the Vehicle is located, as permitted under clause 12.1.
(e) Costs of repossession
You are responsible for the reasonable costs of repossession, towing, transport, storage, location tracking, locksmith access, and staff time incurred as a direct result of termination for breach.(f) Debt recovery
If payment is not made when due, we may take steps to recover outstanding amounts. You will be liable for debt recovery costs, legal fees (on a solicitor/client basis), collection agency fees, and interest as outlined in clause 4.5.(g) Future hire refusal
We may also refuse future rentals and place you on our internal "no hire" list where termination occurred for unacceptable behaviour, malicious conduct, or significant breach.12.3 Right to refuse service / blacklist
We may, acting reasonably, refuse to hire to a person or business in future (including placing them on an internal “no hire” list) where:- there has been serious or repeated breach of our terms;
- there has been abusive, threatening, fraudulent or malicious conduct towards our staff, contractors or other customers; or
- we reasonably consider that hiring to that person would pose an unacceptable risk to safety, property or our business reputation.
13. VULNERABLE, ABUSIVE, FRAUDULENT OR MALICIOUS CONDUCT
13.1 Expected conduct
We are committed to providing a safe environment for our staff, contractors and customers. We expect Hirers and their passengers to treat our people with courtesy and to act honestly and in good faith.13.2 Unacceptable conduct
Unacceptable conduct includes (without limitation):- abusive, threatening, discriminatory or harassing behaviour towards our staff, contractors or other customers;
- vandalism, deliberate damage or misuse of the Vehicle or our property;
- providing false, misleading or incomplete information relating to bookings, Incidents, damage or claims;
- making deliberately false or malicious complaints, statements or allegations about TRIPEZ, our staff, or our services (including to insurers, regulators or tribunals);
- attempting to obtain an unlawful benefit, avoid legitimate charges, or shift responsibility for your own conduct through dishonest or vexatious actions (including vexatious complaints or proceedings).
13.3 Our responses to malicious or vexatious conduct
Where we reasonably believe that you or someone under your authority has engaged in unacceptable conduct, we may:- terminate this Agreement and repossess the Vehicle under clause 12;
- charge you for any additional costs, including (where reasonably incurred and documented):
- extra staff time and management time spent investigating and responding to malicious or dishonest complaints or claims;
- legal and expert costs in defending unfounded claims or proceedings;
- costs associated with attendance at disputes tribunals or court hearings;
- reputational and operational losses where reasonably quantifiable;
- decline to offer you further rentals; and/or
- refer the matter to Police, insurers, regulators or other appropriate authorities.
13.4 Evidence & fairness
We will act in good faith and base any such decisions on reasonable evidence (for example, GPS data, telematics, CCTV, photos, workshop assessments, witness statements, Police reports, tribunal decisions or written communications).This clause is intended to deter and manage malicious behaviour and does not limit your genuine rights to complain, dispute charges, or seek legal remedies in good faith.
14. TRAFFIC OFFENCES, TOLLS & INFRINGEMENTS
14.1 Liability for offences
You are liable for all fines, fees and costs arising from:- speeding, parking, other traffic infringements or toll offences;
- failure to comply with traffic signs or signals; and
- any “freedom camping” or similar offences where the Vehicle is involved.
14.2 Processing of notices
If we receive a notice relating to an offence during your Rental Period, we will:- transfer liability to you by providing your details to the relevant authority; and/or
- if liability cannot be transferred, pay the notice and charge the fine amount plus an administration fee (see clause 4).
You have the right to challenge, query or object to any ticket directly with the issuing authority and to request a court hearing within the legal timeframes.
15. PRIVACY & DATA (INCLUDING CCTV & TELEMATICS)
15.1 Collection and use of personal information
We collect, store, use and disclose personal information about you and any Authorised Drivers for purposes including:- managing bookings and payments;
- verifying identity and driving licence details;
- managing the rental, Vehicle safety and recovery;
- processing claims, infringements and tolls;
- credit management and debt collection;
- handling feedback, complaints and disputes; and
- complying with legal obligations.
We do so in accordance with the Privacy Act 2020 and our Privacy Policy (as updated from time to time).
15.2 CCTV and telematics
For safety, security, operational, insurance and dispute-resolution purposes, we may use:- CCTV at our sites and depots;
- GPS tracking / telematics devices in Vehicles to monitor location, speed, distance, fuel level and certain driving behaviours.
By entering into this Agreement, you acknowledge and consent to such monitoring and our use of this information for the purposes set out above, subject to the Privacy Act 2020.
15.3 Access and correction
You have rights to access and request correction of your personal information that we hold. Contact details for privacy enquiries are available in our Privacy Policy.16. DISPUTES & COMPLAINTS
16.1 Internal resolution
We aim to resolve complaints fairly and promptly. If you have a concern, please contact us in writing as soon as possible with details and supporting documents. We will use reasonable endeavours to respond within a reasonable timeframe (for example, 15 working days).16.2 External resolution
Nothing in this Agreement limits your right to take a dispute to the Disputes Tribunal or New Zealand courts, or to seek assistance from appropriate regulators or agencies.17. GENERAL
17.1 Force majeure
If an event beyond our reasonable control (for example, natural disaster, severe weather, government action, strike, pandemic, or major supply disruption) prevents us from performing our obligations, we may suspend or cancel affected rentals and will not be liable for failure to perform during that period, except as required by law.
17.2 Variation of Terms
(a) Right to update Terms
We may amend, update, replace or supplement these Terms and Conditions at any time, including changes to fees, charges, insurance excesses, use restrictions, or operational rules. Variations may be made for reasons including (but not limited to) business requirements, legislative or regulatory changes, risk management, operational improvements, pricing changes, or to address misconduct, fraud or new risk exposures.(b) How variations will be published
Any updated version of these Terms will be:- published on our official website; and/or
- communicated to customers by written notice (email or electronic update on booking platform), where practical.
Once published or communicated, the updated Terms replace all previous versions unless stated otherwise.
(c) Application to new and existing bookings
Changes to the Terms:- apply to all new bookings made on or after the date the updated Terms are published, and
- do not apply to existing confirmed bookings unless the change:
i. is required by law or regulation;
ii. relates to safety or operational security;iii. reduces risk of harm to our staff or customers; oriv. is mutually agreed in writing with you.If a change must legally or operationally apply to existing bookings (for example due to legislative requirements, safety issues, malicious conduct policies or insurance compliance), we will notify you as soon as reasonably practical.
(d) Version control
We may maintain and reference version numbers and effective dates so renters can verify which Terms apply at the time of booking. Your booking confirmation and the Terms published at the time of booking form the applicable Agreement for your hire unless varied in accordance with this clause.(e) No waiver or limitation of rights
A variation does not waive, limit or extinguish any rights accrued under prior versions for rentals already completed, nor does it limit our right to enforce previous versions for conduct occurring during a rental governed by such earlier Terms.
17.3 Severability
If any part of this Agreement is illegal or unenforceable, the remaining provisions remain in full force and effect.
17.4 Assignment
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.
17.5 Waiver
No neglect, delay or failure by us to enforce any term will be a waiver of our rights. Any waiver must be in writing and applies only to the specific instance.
17.6 Governing law
This Agreement is governed by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts.ANNEXURE A – EXCESS, INSURANCE & FEE STRUCTURE TABLE
All plans include third-party liability insurance as required under NZ regulations. Full terms & exclusions apply as per Clause 11.
The Hirer remains fully liable where clause 11.3 exclusions apply.
A1. Insurance & Excess Options
PLAN | COST / DAY | STANDARD EXCESS PAYABLE BY HIRER | WINDSCREEN / WINDOWS | THEFT & COLLISION | ROADSIDE | ADDITIONAL BENEFITS |
Standard Protection (Default) | $0/day | $1,750 per incident | Minor chip/crack repair only Excess: $1,000 (replacement not included) | ✔ Third-party liability ✔Collision ✔ Theft | Basic roadside assistance for mechanical faults only | · nil |
Enhanced Protection | $35/day | $1,000 per incident | Minor chip/crack repair only Excess: $1,000 | ✔ Collision & Theft ✔ Third-party liability | 24/7 Basic roadside support | 🚗 Free upgrade (if available) 🎟 10% discount voucher ⚠ Basic cleaning cover 🛣 Toll notification support ✨ Pre-trip sanitisation |
Premium Protection | $45/day | $450 Excess (Collision & Theft) | Windscreen & window claims Excess: $500 | ✔ Full cover + theft + collision | Priority roadside support 24/7 including lockouts / tyre change / fuel delivery | 🔑 Lost key/lockout cover up to $150 🛠 Extended assistance 🌟 All Enhanced benefits + fastest claim handling |
A2. Important Liability Notes
- Windows/Windscreens: All plans carry up to $1000 excess for window crack or replacement claims.
- Multiple Incidents: Each event/accident incurs a separate excess.
- Insurance Is Void & Full Liability Applies if Clause 11.3 exclusions occur, including but not limited to:
- malicious/vandalism damage
- reckless driving / DUI / illegal use
- off-road, beach or river use
- unlisted/unauthorised drivers
- water ingress, roof or underbody damage
- fraudulent or misleading actions
- Premium Protection reduces collision excess to $0 but does not cover excluded behaviour.
- Tyres covered only under Premium Plan (except misuse/curb impact/off-road).
By using our services, you agree to these terms and conditions.
For questions about these terms, please contact our support team.