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
DURATION OF HIRE
2. The term of the hire shall be for the periods as described in this
agreement
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the
persons described in this agreement and only if each such person
holds a current drivers license (Particulars of which are given
alongside his/her name and address.) appropriate for the vehicle at
the time when they are driving the vehicle.
PAYMENTS BY THE 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 1 of this
agreement the sum as specified in this agreement.
5. In addition to 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 8 of this agreement
6. In addition to payment specified 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.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the
vehicle during the period of hire.
INSURANCE
8. 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 the value of any
claim in respect of any liability he or 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.
Superior Rentals reserves the right to deduct the appropriate insurance
excess from the client's credit card if they have reasonable belief that the
client is at fault
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 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 unaware or ought to
have been unaware 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 this
agreement.
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 drivers license appropriate for that vehicle.
f) The vehicle is willfully or recklessly damaged by the hirer or any
other person named in clause 3 of this agreement or driving the
vehicle under the authority of the hirer, or is lost as the result of
willful or reckless behavior of the hirer or any such person.
g) The vehicle is operated on any unproclaimed roads
h) The vehicle is operated outside the term of the hire or any agreed
extension of that term.
It is agreed between the owner and 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.
Windscreen, stone chip and mirror damage are not covered by
the standard insurance provided.
OWNER'S OBLIGATIONS
11. The owner shall supply the vehicle in a safe and road worthy
condition
12. The owner shall be responsible for all ordinary 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.
NOTE: By virtue of clause 7 of this agreement, the cost of petrol and
other fuel, but not oil, used during the term of hire is the responsibility
of the hirer.
MEGHANICAL REPAIRS AND ACCIDENTS
13. 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 as soon as practicable.
14. 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.
15. The hirer shall ensure that no person shall interfere with the
distance recorder or speedometer or, except in emergency, any part
of the engine, transmission, braking or suspension systems of the
vehicle.
USE OF THE VEHICLE
16. The hirer of the vehicle shall not use or permit the vehicle to be
used for the carriage of passengers for hire unless the vehicle is
hired with the knowledge of the owner for use in a passenger
service licensing under Part 1 of the Transport Services Licensing
Act 1989.
17. The hirer shall not:
a) Sublet the vehicle to any other person
b) Permit the vehicle lo 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 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 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 by any person if at the
time of the driving the vehicle the driver or other person is not the
holder of a current driver's license appropriate for the vehicle.
i) Transport animals I pets in the vehicle without prior consent from
the owners.
Where damage to the vehicle is caused by a breach of USE OF THE
VEHICLE
clause, the hirer shall be responsible for the full cost of the
repair.
RETURN OF THE VEHICLE
a) The hirer shall, at or before the expiry of the term of hire, deliver
the vehicle to the address specified in clause 2 of this agreement,
or obtain the owner's consent to the continuation of the hire.
b) Refunds are not given if a vehicle is returned prior to the return
date agreed upon at the time of confirmation of the booking
and/or collection of the vehicle.
c) If the vehicle is returned and it is deemed by the owner to be
extensively dirty outside and/or inside, a $50 cleaning fee will be
charged.
IMMEDIATE RETURN OF THE VEHICLE
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 rights of the owner and the rights of the hirer
under this agreement and otherwise.
TRAFFIC VIOLATIONS AND PARKING INFRINGEMENT
Clients will be charged $50 administration fee if any infringement
notice is received
COLLECTION FEES
The owner reserves the right to charge the client applicable collection
fees should payment be outstanding relating to the rental of a vehicle.
NOTICE 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 Land transport safely Authority.