The Budget Rental Terms & Conditions described below are used on agreements made between the owner and the hirer whose particulars are entered on the Rental Agreement. The specific Terms & Conditions are as follows:
VEHICLE DESCRIPTION1. The owner will let and the hirer will hire the motor vehicle described in the Rental Agreement, hereinafter referred to as "the vehicle".
DURATION OF HIRE2. The term of hire shall be for the period as described in the Rental Agreement.
PERSONS WHO MAY DRIVE THE RENTAL VEHICLE3. The vehicle may only be driven during the period of hire by the hirer and persons named on the Rental Agreement, and only if they hold a current full driver's licence appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER4. The hirer shall pay Budget Rent A Car for the hire of the vehicle for the period specified in Clause 2 above, as well as any other charges specified in the Rental Agreement. Payment is due on demand at the end of the rental period.
5. In addition to the payment specified in clause 4 above, the hirer shall pay Budget Rent A Car the sum specified in the Rental Agreement for any insurance cover accepted by the hirer. A surcharge may also apply if the hirer or any additional driver is under 25 years of age.
6. In addition to the payment specified in clause 4 above, the hirer shall pay Budget Rent A Car, on termination of the hire, a distance charge at the rate specified in the Rental Agreement for every kilometre driven.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
8. If the hirer fails to pay any money due under, or in
connection with, the Rental Agreement within 14 days of the date by
which the hirer was required to pay the money:
(a) Budget Rent A Car may charge
the hirer and the hirer must pay interest at 10% (compounded daily) on
the total amount owing from the expiry of 14 days from the date on
which the hirer was required to pay the money to the date of payment; and
(b)
in addition to interest, if Budget Rent A Car arranges for the collection of the
unpaid money from the hirer by a debt collection agency, the hirer must also pay
Budget Rent A Car:
(1) Budget Rent A Car's administration fee of $50; and (2) all collection costs, including collection agency and legal costs
Most major credit cards including VISA, MasterCard, American Express, and Diners are accepted. You can only use a debit card if it has the MasterCard or Visa emblem / logo.HIRER'S OBLIGATIONS9. 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.
INSURANCE10. 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 or she might have to the owner in respect of the loss 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 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 driver authorised to drive the vehicle is indemnified to the extent of $5,000,000 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.
EXCLUSIONS11. 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 or her 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 a body corporate or department of State and the driver is disqualified from holding or has never held a driver's licence appropriate for that vehicle;
(e) The vehicle is driven by any person who at the time when he or she 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 under clause 3 of the Rental Agreement, or by any person 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; Tasman Valley Road, Mt Cook; Skipper's Canyon, Queenstown; Ninety Mile Beach, Northland; or any unformed roads, including beaches, i.e. roads other than tar-seal and metal.
(h) The vehicle is operated outside the term of the hire or any agreed extension of that term.
PLEASE NOTE: 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. In general this provision means 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 referred to under the exclusion clause. The hirer acknowledges by signing the Rental Agreement that the hirer is aware of the above exclusions.
HIRER'S LIABILITY12. The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading "Hirer's Liability" on the Rental Agreement. This does not apply to damage or loss resulting from fire, or from theft by conversion, or attempted theft of the vehicle.
REJECTION OF INSURANCE13. If insurance is rejected, the hirer accepts by signing the front of the Rental Agreement that the vehicle is hired at the hirer's own risk in respect of loss or damage to the vehicle and consequential loss by the owner. The hirer accepts by signing the Rental Agreement that he or she may be liable to the owner for damage to or loss of the vehicle and consequential loss.
If insurance is rejected, the hirer accepts by signing the Rental Agreement that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
OWNER'S OBLIGATIONS14. The owner shall supply the vehicle in a safe and roadworthy condition.
15. 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.
PLEASE NOTE: By virtue of clause 7 of the 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 ACCIDENTS16. Roadside assistance is available for all mechanical problems that relate to the vehicle specified in the rental agreement. A call out fee for non-mechanical problems caused by the driver or passengers may be charged to the hirer at the discretion of Budget Rent a Car.
17. 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 as soon as possible.
18. 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.
19. 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 VEHICLE20. 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 licensed under Part 1 of the Transport Services Licensing Act 1989.
21. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated outside his or her authority;
(c) Operate the vehicle or permit it to be operated in circumstances that constitute an offence by the driver against any of sections 56, 57 and 58 of the Land Transport Act 1998 (which relate to driving under the influence of alcohol or drugs);
(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 in breach of either the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
(f) 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 the vehicle;
(g) Drive or permit the vehicle to be driven by any person that, at the time of his or her driving the vehicle, is not the holder of a current driver’s license appropriate for the vehicle being driven.
RETURN OF THE VEHICLE22. The hirer shall, at or before the expiry of the term of hire, return the vehicle to the address from which the vehicle was hired, or to such place of business of the owner or the owner’s agent as may be agreed upon, or obtain the owner’s consent to the continuation of hire.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE OCCURS23. The owner has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire 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.
GPS NAVIGATION UNITS24. The hirer acknowledges that he or she shall be liable for:
(a) Damages to or loss, including theft, of the GPS unit. The charge is $495.00 + GST per unit.
(b) A handling and freight fee where any GPS accessory is damaged or not returned with the GPS unit. The charge is $30.00 + GST per rental.
PARKING, SPEEDING, AND TOLL ROAD INFRINGEMENTS25. All penalties relating to parking and/or traffic offences are the responsibility of the renter. An administration fee will be applied to process any traffic infringements. The applicable administration fees are:
Speeding & Traffic Offences - $30 + GST
Parking Tickets - $30 + GST
Toll Road Infringements - $30 + GST
The administration fees apply to all fines incurred after 01 March 2008.
PERSONAL ACCIDENT INSURANCE(PAI)AND BENEFITS26. Personal Accident Insurance (PAI) is available to all hirer's 21 - 70 years of age. Personal Accident Insurance (PAI) provides the hirer or the authorised driver with the following cover, subject to the policy underwriter's terms and conditions:
• A lump sum payment in the event of accidental death
• A lump sum payment in the event of the loss of one or more limbs or eyes
• A weekly compensation payment in the event of disablement, for a period not exceeding 52 weeks from the time of the event
• Reimbursement of medical expenses
PLEASE NOTE: Certain exclusions may apply. Details of these can be obtained from any Budget Rent A Car location.
PRIVACY ACTThe information requested from the hirer is to enable Budget Rent A Car to assess a request to hire a vehicle, and in order to comply with the requirements of the Transport Services Licensing Act 1989. The hirer does not have to supply this information, but if the hirer does not, then Budget Rent A Car is unable to hire a vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by Budget Rent A Car. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner and the hirer hereby authorises the disclosure of their personal information for such purposes.
NOTE TO HIRERThe owner must give you at least one copy of the Rental Agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any police officer or traffic officer, or other authorised employee of the Ministry of Transport.
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