AGREEMENT TO HIRE RENTAL VEHICLE

VEHICLE DESCRIPTION

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

DURATION OF HIRE

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

PERSONS WHO MAY DRIVE THE VEHICLE

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

PAYMENTS BY HIRER

4.The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement the sum as specified in this agreement on the reverse.

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

6.In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to in this agreement on the reverse.

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

HIRER’S OBLIGATIONS

8.The hirer shall ensure that:

(a)The water in the radiator and battery of the vehicle is maintained at the proper level;

(b)The oil in the vehicle is maintained at their proper level.

(c)The tyres are maintained at their proper pressure.

9.The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.

INSURANCE

10.Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss 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.

The hirer is liable for an amount up to the sum specified on the agreement, in respect of the damage or loss of the vehicle which includes any damage to windscreen and tyres. This does not apply to the damage or loss resulting from fire or from theft or attempted theft or conversion of the vehicle. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $1,000,000 in respect of any liability he/she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.

EXCLUSIONS

The indemnities referred to above shall not apply where the damage, injury, or loss arises when:

(a)The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;

(b)The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;

(c)The vehicle is operated in any race, speed test, rally, 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/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 in clause 3 of the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful, careless or reckless behaviour of the hirer or any such person.

(g)The vehicle is operated on any of the following roads: Ball Hut Road (Mt. Cook)

Skippers Road (Queenstown) Coast Road To Russell, Ninety-Mile Beach (Northland), or any beach/off road activity.

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

(i)Failure to complete an insurance claim form within 24 hours of an accident may make you totally liable.

(j)The vehicle is operated in contravention of clause 18 (a - h).

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.

REJECTION OF INSURANCE

11.When this clause is accepted on the reverse side of this agreement, the hirer accepts the vehicle is hired at his/her own risk and accepts liability to the owner in respect of loss of damage to the vehicle and consequential loss. The hirer accepts there is no insurance cover under this agreement in respect to any damage, injury or loss caused to any person or property. This clause is deleted if the hirer chooses to accept the insurance cover.

OWNER’S OBLIGATIONS

12.The owner shall supply the vehicle in a safe roadworthy condition.

13.The owner shall be responsible for all ordinary and extraordinary cost of running the vehicle during the term of hire except to the extent that by the terms of this agreement those costs are payable by the hirer. NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.

MECHANICAL REPAIRS AND ACCIDENTS

14.If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone or fax as soon as practicable, within 24 hours. THE HIRER IS ADVISED TO PHOTOGRAPH THE SCENE QUICKLY.

15.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.

16.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

17.The hirer shall not use or permit the vehicle to be used for 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 PtVII of the Transport Law Reform Act 1962 or exempted from licensing under the Act.

18.The hirer shall not:

(a)Sublet of hire the vehicle to any other person;

(b)Permit the vehicle to be operated outside his/her 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 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 to propel or tow any other vehicle;

(f)Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulation 1976, or any other Act, regulation or bylaws to road traffic;

(g)Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;

(h)Drive or permit the vehicle to be driven by any person if at the time of his driving the vehicle, the hirer or other person is not the holder of a current licence appropriate for this vehicle. The hirer is liable for all costs including ferry fees incurred in transporting the vehicle back to the owner’s place of business.

RETURN OF VEHICLE

19.The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the owner’s specified place of business or the owner’s agent at the agent’s place of business, or obtain the owner’s consent to the continuation of hire. At the time of termination the hirer will be liable for damage found during the grooming and inspection of the vehicle.

IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE

20.The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.

EARLY RETURNS

21.Early returns of the vehicle may incur a one day penalty and/or recalculation of the daily rate.

IMPORTANT NOTES TO 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, traffic officer, or other authorised employee of the ministry of transport.

Please replace the fuel used during your hire, otherwise it will be replaced at your expense and a fill up fee may be charged. A cleaning charge will be levied for cars returned in an unclean state. Failure to get written approval for change of drop off will incur drop fees. All extensions must be approved 24 hours before original drop off date. All parking and traffic violations are the responsibility of the hirer and may incur administration charges, including collection fees and related costs.

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