Terms and Conditions
30 Nov 2016

 

JP Car Rentals Terms & Conditions

(ALL Charges GST EXCLUDE)

 

  1. Use of the vehicle

7.1 The hirer must not use or allow the vehicle to be used for the transport 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 4A of the Land Transport Act 1998.

7.2 The hirer must NOT:

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

(b) Allow the vehicle to be operated outside his or her authority;

(c) Operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act 1998.

(d) Operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;

(e) Operate the vehicle or allow it to be operated in breach of the Land Transport Act 1998, the Land Transport (Road Safety and Other Matters) Amendment Act 2011, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;

(f) Operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle;

(g) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current full (non-probationary) driver license appropriate for the vehicle;

(h) Operate the vehicle, or allow it to be operated to tow or propel any other vehicle, any luggage trailer.

7.3 The hirer shall ensure that:

(a) All reasonable care is taken when driving and parking the vehicle;

(b) The vehicle is locked and secure at all times when it is not in use;

(c) No person interferes with any part of the engine, transmission, braking or suspension systems;

7.4 The hirer shall ensure that NO person smokes inside the vehicle.

7.5 The hirer shall ensure that a copy of this agreement is:

(a) Kept in the vehicle throughout the term of the hire; and

(b) Produced without delay for inspection on demand by an enforcement officer.

7.6.     During the Hire Period, the Vehicle may only be driven by:
(a)   the Hirer; and
(b)   any additional authorised persons specified in the agreement and in this case, only if such persons hold a full valid driver’s license appropriate for the Vehicle at the time that they are driving the Vehicle.

  1. Petrol and other fuel

8.1 The hirer is responsible for the cost of fuel and correct to be used during the hire.

8.2 The vehicle will be providing with full tank of fuel at the start of the hire, and then the vehicle should be returned with a full tank. In the event that the vehicle is returned with less than a full tank at $30 of refueling service charge will applies. The hirer is absolutely liable for the cost to refuel the vehicle and the refueling service charge.

  1. Activation of warning lights, breakdown and mechanical repairs

9.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either the owner or AA Roadside Assist.

9.2 Free roadside assistance is provided for inherent mechanical faults in the Vehicle but fees and charges apply for all other faults or driver induced errors such as:
(a) a flat battery;
(b) lost keys, a keyless start or remote control device;
(c) unlocking the Vehicle when the key, keyless start or remote control device have been locked in it; and
(d) changing a wheel as the result of a flat tyre.

(f)  Out of fuel etc.

For more information about fees and charges by AA Roadside Assist, please refer the AA road service Terms and Conditions.
9.3 Roadside Assistance Cover does not apply and there is no cover:

(a) For the cost of a replacement key, keyless start or remote control device that has been lost; or
(b) if there has been a Serious Breach of the Rental terms and conditions.
9.4 We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been major Damage or you have committed a Serious Breach of the Rental Terms and conditions.
9.5 If:

(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, engine coolant levels or tyre pressures; or
(c) the Vehicle develops any fault during the Rental Period, You must inform Us immediately via the contact details in the Vehicle and in the Rental Agreement and not use the Vehicle unless We have authorised You to do so. If you fail to notify us and continue to use the Vehicle, You will be responsible for any Damage or Third Party Loss.
9.6 You must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless we have given you our prior written authority. You must keep and produce to us the original tax invoices and receipts for any repairs, towing or salvage and you will be reimbursed only if these expenses have been authorised by us. Any entitlement to reimbursement is subject to there being no Serious Breach of the Rental terms and conditions.
9.7 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 remaining rental charges.

  1. Accidents

10.1 In the event of an accident or theft the hirer shall:

(a) Notify the owner of the full circumstances as soon as practical;

(b) Notify the NZ Police immediately if the accident involves injury, the other party failed to stop or exchange details or a driver appears to be under the influence of intoxicating liquor or drugs;

(c) If the Vehicle is stolen a report must be made to the police immediately the theft is discovered.
(d) If you have an Accident you must sure the Vehicle is secure, get the names and addresses of all persons and vehicles involved, including witnesses. Supply us with any information concerning the driver of the Vehicle and you must allow us direct access to the driver of the Vehicle and you must fully co-operate in allowing us to gain such access

(e)If possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, obtain a copy of the Police report;

(f) permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court and allow Us to claim in Your name under any applicable substitute vehicle insurance, do everything that may be required to assist Us in making such a claim.

10.2 In the event of an accident the hirer shall NOT:

(a) Make any admission of liability; give any offer, promise of payment, settlement, waiver, release or indemnity

(b) Arrange or undertake any repairs or salvage without the owner’s prior written authority.

10.3 In the event that an accident renders the vehicle unfit to drive, the owner will make no refund for the unused hire period (including ERL and SERL 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.

  1. Insurance

11.1 Insurance Options

ALL insurance Options do not cover for glass, windscreen, rim and tyres.

All JP car rentals’ vehicles come with Comprehensive Standard insurance (exclude glass, windscreen, rim and tyres) for driver over 25 years and with more than 1 year driving experience. This means the Hirer and authorized drivers are indemnified for damage caused to the vehicle and third party property. In the event of any damage, the Hirer is liable for the Excess Liability. Hirers can reduce their liability by purchasing at the car pickup time, or on line at reservation time.

(a) Standard Cover: The excess fee for group A, C vehicles are $3000 each claim, group B vehicles is $4000 each claim, group D vehicles is $2000 each claim, group E vehicles is $4000 each claim. If the driver list on the agreement age over 25 years with less than 1 year driving experience, driver aged between 21 to 25 or driver under 21 will be extra $1200 excess on top of the standard excess. Any driver NOT on the agreement will NOT cover by the insurance.

(b) Excess Liability Reduction (ERL): An additional daily charge of NZ$29 to reduce your excess liability. The excess fee for group A, C vehicles is $1500 each claim, group B vehicles is $2000 each claim, group E vehicles is $2500 each claim. Group D ERL daily Charge of NZ $10 and vehicles excess is $1000 each claim. If the driver list on the agreement age over 25 years with less than 1 year driving experience, driver aged between 21 to 25 or driver under 21 will be extra $1200 excess on top of the standard excess. Any driver NOT on the agreement will NOT cover by the insurance.

(c) Super Excess Liability Reduction (SERL): An additional daily charge of NZ$39 to minimize your excess liability. The excess fee for group A, C vehicles is $800 each claim, group B vehicles is $1000 each claim, group E vehicles is $1000 each claim. Group D SERL daily Charge of NZ $15 and vehicles excess is $500 each claim. If  the driver list on the agreement age over 25 years with less than 1 year driving experience, driver aged between 21 to 25 or driver under 21 will be extra $1200 excess on top of the standard excess. Any driver NOT on the agreement will NOT cover by the insurance.

Please note
The Hirer remains fully liable for any damage to the vehicle and third party property even ERL or SERL insurance be selected if the terms and conditions of the rental agreement are breached.

11.2 Subject to the exclusions in clause 11.4 and 11.5, the hirer and any authorised driver named in the rental agreement is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss of 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.

11.3 Subject to the exclusions in clause 11.4 and 11.5, the hirer and any authorised driver named in the rental agreement is indemnified to the extent of $1,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle. This indemnity does not apply to any property being transported in the vehicle at the time of the accident.

11.4 Exclusions

The indemnities 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 un roadworthy 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 contravention of clause 7.1, 7.2 or 7.3 of the rental agreement. In respect of breaches of clause 7.2 (e), this exclusion shall only apply where in the reasonably held opinion of the owner such a breach is willful, reckless, or of sufficient gravity that it results in the driver being disqualified from driving in New Zealand for any period (loss of license).

(d) The vehicle is driven by any person not named in clause 3 of this agreement;

(e) The vehicle including its accessories and spare parts is willfully or recklessly damaged by the hirer or any other person named in clause 3 of the rental agreement or driving the vehicle under the authority of the hirer, or is lost as a result of willful or reckless behavior of the hirer or any such person;

(f) The vehicle is operated off-road or on any beach including Ninety Mile Beach and Te Paki stream bed.

(g) ALL vehicles (including 4WD vehicles) are prohibited from driving on ALL 4WD tracks.

(h) The following roads are also specifically excluded: Skippers Canyon, the road to Macetown, Tasman Valley Road (also known as old Ball Road), Matukituki Road beyond the Treble Cone access road turn off, Glenorchy- Paradise Road beyond Priory Road turn off.

(i) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers or flooded fords.

(j) The vehicle is operated outside the term of the hire;

(k) The vehicle including its accessories and spare parts is damaged as a result of fitting or use of snow chains or ski/snowboard racks or bicycle racks;

(l) The vehicle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle, such as a surfboard or bicycle;

  1. Hirer’s liability for damage

12.1 In the event that the hirer elects not to purchase ERL or SERL, the hirer is absolutely liable for any damage (including damage caused by hail, storms, earthquake or other natural disasters) irrespective of fault. In this context damage includes:

(a) Any and all damage to the vehicle including windscreens, tyres, break-in or vandalism, theft, fire, towing and recovery costs.

(b) Damage to third party property;

(c) Loss of use of the vehicle by the owner during the period the vehicle is off fleet for repair. This period is charged at the daily rental rate for the vehicle shown in clause 4.

12.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.

Conditions

  1. Excess Liability Reductions (ERL) and Super Excess Liability Reduction (SERL):

13.1 ERL and SERL reduce the hirer’s liability for damage under clause 11 to the agreed excess (deductible) subject to the following conditions and exclusions. ERL and SERL do not cover damage or loss associated with:

(a) Any of the circumstances detailed in clause 11.4;

(b) Cost of recovering a car that has become bogged or immovable;

(c) Cost of replacement of lost or stolen car keys;

(d) Cost associated with the incorrect use of or contamination of fuel (diesel or petrol);

(e) Cost of repair or replacement of other products detailed in clause 4;

(f) Costs arising under clause 14.

13.2 In the event that the vehicle is replaced under clause 10.3, ERL and SERL are not transferable to the replacement vehicle.

  1. Hirer’s liability for cleaning charges

14.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or deodorising, the hirer is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle. Such charges include but are not limited to cleaning of:

(a) Spillage of fluids such as drinks, milk, oil, paint, etc;

(b) Perishable food;

(c) Removal of hair, stains and odours due to animals in the vehicle;

(d) Fish and associated smells;

(e) Vomit;

(f) Cigarette/cigar smoke smells.

  1. Toll notices and infringement fees

15.1 In the event that the Owner receives an unpaid toll notice relating to the period the vehicle was on hire, the owner will charge the hirer a $30.00 administration fee for transfer of liability of the notice to the hirer.

15.2 In the event the Owner receives an infringement notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire:

(a) The Owner will notify and provide the Hirer details of the infringement notice as soon as is practical.

(b) Provide the necessary information to the relevant authority for such notices to be directed to the Hirer.

(c) An administration fee of $30 will be charged to the Hirer for transfer of liability for the notice to the Hirer.

(d) The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.

(e) The Hirer has the right to seek a court hearing.

  1. Return of the vehicle and termination of the hire

16.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys) to the location specified in clause 4 of the agreement.

16.2 If you return the Vehicle earlier than the date and time shown in the Rental Agreement no refund applies. We understand that circumstances change and that you may require the Vehicle for longer than the Rental Period. If so, you must notify us via email or any other written way at least 12 hours prior to the expiration of the Rental Period. If we have agreed to an extension of the Rental Period we will directly charge the cost of extension period through your credit card which you provide to us in the initial Rental Agreement.

16.3 If you don’t return the vehicle (including car keys) at or before the expiry of the term of hire and to the location specified in clause 4 of the agreement, also fail to notify us at least 12 hours before the expiration of the Rental Period that you require an extension. We will start following actions:

(a) attract a surcharge of $50 per hour (up to 3 hours) and thereafter in addition to the daily rate, eg: (1) late return within 3 hours the late return charge will be late return time * $50, (2) late return more than 3 hours will be charge normal daily rate.

(b) After 1 days of end time and date of the rental agreement we will terminate the Rental Agreement and recover the Vehicle by lawful means, plus you need pay us any costs relate to this case.
16.4 The owner shall have the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle, including towing charges, in any of the following circumstances:

(a) The hirer is in breach of any material term of this agreement;

(b) The hirer has obtained the vehicle through fraud or misrepresentation;

(c) The payment for the rental is in arrears;

(d) The vehicle appears to be abandoned;

(e) The vehicle is not returned on the agreed return date;

(f) The vehicle is damaged;

(g) The owner considers, on reasonable grounds, that the vehicle is endangered.

(h) The NZ Police recommend that the owner terminate the hire in the interests of road safety. 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.

16.5 Unless otherwise agreed in writing, if the Vehicle is not returned to the Owner on the same Location as it was state in the agreement, the Owner will charge the Hirer an additional fee of up to $1,000 for its relocation.

  1. Calculation of charges

17.1 The owner calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 3 hours.

17.2 Extensions authorised by the owner are charged at the same daily rate as the original rental.

17.3 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.

17.4 When the hire make the payment, the owner will not only charge the total amount rental fees stated on the agreement but also will hold certain amount of money as bond.

  1. Release and indemnity of The Owner

18.1 The hirer releases the owner and its employees from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.

18.2 The hirer hereby indemnifies and shall keep indemnified the owner and its employees against any claims, demands and expenses (including legal costs) incurred or sustained by the hirer by reason of the hirer’s use and/or possession of the vehicle.

18.3 Any indemnity required of the hirer shall not operate to indemnify the owner in respect any negligent act by the owner.

  1. Personal injury, personal property and storage of property

19.1 Physical injuries as a result of an accident while in New Zealand are covered in most cases under the IPRC Act 2001.

19.2 The owner strongly recommends that all people travelling in New Zealand take out Personal Travel Insurance. The owner does not accept any liability for:

(a) Personal injuries sustained during the rental;

(b) Damage or loss of the hirer’s personal property;

(c) Property belonging to any other person which is carried in the vehicle.

20.3 In the event that the hirer or any other person leaves any property with the owner for any reason this is entirely at that person’s own risk and the owner will not accept any liability for damage or loss for any reason whatsoever.

  1. Claims against third parties

20.1 The owner is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss including the hirer’s liability paid to the owner. The owner will provide an invoice for any amount paid to the owner by the hirer.

20.2 In the event that the hirer arranges alternate insurance cover (including complimentary credit card insurance) for the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the full sum directly to the owner and the owner will provide an invoice for the sum paid. It is not the owner’s responsibility to provide to the hirer or any other party alternate repair quotes, police reports, photographs or any other information that may be required to substantiate the hirer’s subsequent claim on their insurance.

  1. Credit check

The Hire gives the owner absolute Authority to do the Credit checks before or after take possession of the vehicle. The credit checks are the owner’s sole decision. The Hire agrees to pay the Owner full cost of the credit checks. The Owner reserves the rights to cancel or refuse this agreement to the hire if the Credit check is not pass by owner’s standard.

  1. Reservation policy

The Owner allows the hirer to reserve certain vehicle on certain day to hire. Once the reservation is done by the hirer, the Owner will charge 50% of total rental fee upon front as deposit. The hirer agree this deposit is non-refundable deposit when the hirer change mind, cancel the reservation or any other reasons cause by the hirer.

  1. Privacy act

The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the 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 the owner. 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, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.