Term & Conditions
Our insurance is very simple. A comprehensive insurance is included in all of our prices. If you have an accident, the most you have to pay is $3,000. This is called the insurance excess. If you are not at fault this excess is 100% refundable. As security we take a credit card imprint when you pick up the car. If you do not carry a credit card then we are happy to take a debit, eftpos or cash bond which can be refunded on return of the hire car. Please feel free to email us if you have any further queries about car hire. [email protected]
An agreement made between the owner and the hirer whose particulars are entered, it is hereby agreed as follows:
1. The owner will let and the hirer will take on hire the following motor vehicle, described overleaf, here in after referred to as the vehicle.
DURATION OF HIRE
2. The term of hire shall be for the period as described overleaf.
PERSONS WHO MAY DRIVE THE VEHICLE
3. The vehicle may be driven during the period of hire only by the hirer and persons described on the attached authorised drivers list and only if they hold a current driver’s licence appropriate for the vehicle at the time when they are driving the vehicle. Irrespective of whether the hirer, authorised drive or unauthorised driver is driving the vehicle, the hirer continues to be responsible for all payments and obligations owing under this agreement.
PAYMENT BY HIRER
4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in clause 2 of this agreement the hirer charge at the rate referred to overleaf.
5. Rates and conditions published on our website are correct at the time of publishing and are subject to change without notice. However (subject to changes in legislation or errors) the owner will not alter rates applicable to your rental once the booking has been confirmed, unless a booking is amended by the hirer.
6. Rates published on our website are exclusive of Goods and Services Tax (GST). Any vehicle hire from the website is subject to 15% GST charges which will be shown at the time of booking confirmation at the booking page.
7. Hirer need only to pay a 10% deposit to make a booking on a vehicle via the website; and to pay the balance of the rental vehicle on arrival.
8. In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner the insurance charge at the rate referred to overleaf, for the insurance cover set out in clause 12 of this agreement. The hirer shall pay any additional costs incurred that they are liable to pay under this agreement and as set out in the attached letter of authorsiation.
9. The hirer shall pay for all petrol, oil, or other fuel used in the vehicle during the period of hire.
10. 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 petrol tank is full when the vehicle is returned (or level marked on contract) or petrol cost and administration fee may apply,
(d) The tyres are maintained at their proper pressure;
(e) Tyre damage, including punctures, are the hirer’s responsibility.
11. 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.
(a) Traffic fines incurred sent to us after you have returned the vehicle shall incur a $45 administration fee on your credit card due to time involved administering the matter.
12. Subject to the exclusions set out below, the hirer and any other 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 other expenses of the owner, including towage and salvage costs associated with the recover 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 $1,000,000 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.
13. 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 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 carelessly or recklessly damaged by the hirer or any other person named on the authorised driver’s list or driving under the authority of the hirer, or is lost as a result of careless use, wilful or reckless behaviour of the hirer or any such person;
(g) The vehicle is operated on any beaches;
(h) The vehicle is operated outside the term of the hire or any agreed extension of that term;
(i) The vehicle is damaged, forfeited or impounded whilst the hirer is involved in any illegal activity.
(j) The vehicle is damaged by the use of snow chains.
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.
The hirer acknowledges that he is aware of the above exclusions.
14. The hirer acknowledges that he shall be liable in respect to any damage or loss, including loss of earnings, referred to in the insurance cover specified in this clause. Should damage occur to the vehicle the following charges apply:
• $3000 for drivers 21 years and over, including single car accidents
• $3500 for drivers under 21 and restricted license holders
• up to the full value of the vehicle should the terms of the rental be violated (i.e Careless use, or driving under the influence of alcohol or drugs).
This does not apply to damage or less resulting from fire or from the theft or conversion of the vehicle, subject to hirer’s obligations stated in clause 11 of the agreement.
15. The owner shall supply the vehicle in a safe and roadworthy condition.
16. 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.
In the event of a breakdown call AA ROADSERVICE 0800 734 543. If the vehicle cannot be repaired within 24 hours and if practicable we will endeavour to supply a similar vehicle as soon as possible. In the event of a hire having to be terminated our liability will only extent to a refund of the balance of the hire.
Please Note: Roadside Assist will charge a call out fee for non-mechanical faults and these charges are not refundable.
MECHANICAL REPAIRS AND ACCIDENTS
17. The hirer confirms that the vehicle was hired in the condition noted on the preceeding page and was in good working order. Any changes to the vehicle’s condition, whether cosmetic or mechanical will be deemed to have occurred during the term of hire.
18. 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 within 24 hours, and each accident where damage occurs must be reported to the closest Police department and a file number must be obtained.
19. The hirer shall not arrange to undertake any repairs or salvage without the authority of the owner except to the extend that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
20. 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
21. The hirer shall not use or permit the vehicle to be used for reward unless the vehicle is hired with the knowledge of the owner for use in a passenger serviced licenced under the Part VII of the Transport Act 1962 or exempted from licencing under that Act.
22. The hirer shall not –
(a) Sublet or 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 circumstances 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 it to be operated in any race, speed test, rally or contest, including making pace notes;
(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 1969, the Traffic Regulations 1976, or any other Act, regulations or bylaws relating 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 goods specified in the certificate of loading for the vehicle;
(h) Drive or permit the vehicle to be driven if 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.
CANCELLATION, RETURN & REFUND
(a) Cancellation of any hire can be made at any stage prior to the start of the contract. Booking deposit is non-refundable in the event of a cancellation.
(b) In the event that the hirer cancels or voids the agreement and returns the vehicle earlier than stated in the agreement, no refund applies.
(c) In the event of “no show” for the hire, the deposit is non-refundable.
24. RETURN OF THE VEHICLE
(a) The hirer shall at or before the expiry of the term of the hire, deliver 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, and the hirer shall remain responsible for vehicle until checked in by Owner.
(b) If a vehicle is returned early for any reason whatsoever there is no refund available.
(c) If the vehicle is returned in our opinion in an excessively dirty condition inside or out, a cleaning fee of $80 will be charged.
(d) If the vehicle is returned in our opinion, in a condition where we are unable to properly inspect the vehicle for damage we reserve the right to hold the vehicle bond until the vehicle is cleaned, and undergone an underbody hoist inspection.
(e) Unauthorised late return will attract a per hour or per day surcharge thereafter in addition to the daily rate of the vehicle hired. The daily rates are calculated in 24 hour periods from the agreed pick up time (1 hour grace period allowed). If the vehicle is returned more than 1 hour after the pick up time, an additional day(s) hire will be charged.
25. EXTENSION OF RENTAL DURATION
(a) A minimum of 72 hours required for extensions to the rental contract.
(b) Extending the rental duration is possible at time of pick up or by contacting the owner during the rental period itself.
(c) The extension is subject to vehicle availability and extra payment.
(d) The extension is no guaranteed. It is often difficult to extend rentals during peak seasons. Extend as early as possible to avoid disappointment.
(a) Vehicle hire charges, including the 10% deposit are non-refundable and non-transferable.
(b) In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund applies.
(c) If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, the owner will refund to the hirer the rental charges that relate to the period during which the car could not be used. The owner undertakes to arrange repair or replacement with another vehicle as soon as practicable.
(d) In the event that an accident renders the vehicle unfit to drive, the owner will make no refund for the unused hire period (including CDW payment if applicable) and the provision of a replacement vehicle shall be at the owner’s sole discretion. The owner shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. In the event that the owner decides to offer the hirer an alternative vehicle, the vehicle shall be made available at the place of business of the owner or the owner’s agent as may be agreed upon. The owner reserves the right to provide the replacement vehicle subject to an increased hirer’s liability and/or to decline to offer CDW cover for the replacement vehicle.
(e) The owner considers, on reasonable grounds, that the vehicle is endangered. 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 shall be without prejudice to the other rights of the owner under this agreement or otherwise.
(f) No refund is made for remaining fuel on return of the vehicle.
(g) All transactions under this agreement are calculated in New Zealand dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. The owner accepts no liability for any such variations.
(h) Refund policy is stated above in this agreement and other. Please make sure you have read through all the policies before any hire.
CONSUMER DATA PRIVACY
Auckland Rental Cars (hereinafter referred to as “we” and “our”) is committed to protecting consumer (hereinafter referred to as “you” and “your”) privacy as an Internet user whenever you navigate our site and/or place a car rental booking with us. We value your privacy and recognize our responsibility in ensuring your information remains confidential at all times.
28. COLLECTION OF INFORMATION
(a) Information collected via Newsletter Subscription, Online Survey and Account Registration
We collect information from you when you subscribe to our newsletter, respond to a survey, fill in the registration form or complete a booking. In this information collection stage, as appropriate, you may be asked to enter your name, email address, mailing address, phone number and/or credit card information. We may occasionally asks customers to complete surveys that we use for research purposes.
(b) Credit Card Information
In order to reserve rental vehicles for you we require you to make online reservation with a payment. In other word we will need you to provide your credit card information to perform the transaction.
However, we do not collect and store your credit card details as all the online transaction will be handled by our secure, PCI compliant payment gateway (the third party) with your information transmitted over secure networks and stored in an encrypted form, only accessible by those authorized with special access rights.
(c) Social Media (or Apps) Information
We do not collect personally identifiable information about you (such as your name, address, phone number, email address or your precise geographic location) via social media unless you willingly provide to us. However, if you contact us via any social media, we may keep a record of that correspondence.
Like many commercial sites, we utilize a common technology called “cookies” and server information to tell us how visitors are interacting with our site. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
29. THE USE OF INFORMATION
Any of the information we collect from you may be used in one of the following ways:
(a) To personalize your experience:
Your information helps us to better respond to your individual needs;
(b) To improve our website: We continually strive to improve our website offerings based on the information and feedback we receive from you;
(c) To improve customer service:
Your information helps us to more effectively respond to your customer service requests and support needs;
(d) To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested;
(e) To administer a contest, promotion, survey or other site feature; and
(f) To send periodic emails: The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
30. DISCLOSURE OF INFORMATION
As with all information, we will never sell, trade, or otherwise transfer to outside parties your personally identifiable information. We will not disclose any of your personally identifiable information except when we have your permission. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, and with whom we have mutually agreed to keep the information confidential.
We will only disclose your personal information without your consent if this is:
(a) Necessary to provide you with the goods and services you have requested
(b) Necessary to protect or enforce our legal rights or interests or to defend any claims made against us by any person (including you)
(c) Necessary to lessen a serious threat to a person’s health or safety or
(d) If required by law, when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
31. UPDATE / DELETE INFORMATION & UNSUBSCRIPTION
Your information can be updated, corrected or deleted at any time upon request. If at any time you would like to edit any personal information that we hold on you or unsubscribe from receiving future emails, you may contact us via phone, fax, or e-mail.
32. SECURE INFORMATION TRANSMISSIONS
(a) Auckland Car Rental
We will use up-to-date techniques and processes, which meet current industry standards to ensure that your personal information is kept secure and confidential. Only employees of Auckland Car Rental and those who perform services on our behalf, and are authorised to handle your information, will have access to your personal information.
(b) PCI Compliant Payment Gateway
We do not collect and store your credit card information. All the online transaction is processed through our PCI Compliant Payment Gateway Provider (the third party) to ensure you secure, fast and reliable transactions.
All supplied sensitive/credit information (such as a credit card number) is protected and transmitted through the use of encryption, such as the Secure Socket Layer (SSL) protocol and can only accessed by those authorized with special access rights, and are required to keep the information confidential. After a transaction, your private information, phone numbers, physical address and credit card details will be kept on the secured servers of our payment gateway provider for future transactions. Credit card information is stored in an encrypted form.
(c) Consumer’s Role in Secure Information Transmission
No data transmission over the Internet can be guaranteed to be 100% secure but we make our best efforts to ensure its security. While we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us via email or customer response forms unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, do not send confidential information or payment card information to us through unsecured email.
With your help we will take all reasonable steps to make sure that the personal information is kept complete, up-to-date, secure and confidential.
33. NOTE TO THE HIRER
The owner must give you at least one copy of this agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any Police Officer, or other authorised employee of the Land Transport NZ.