This document is an agreement made between Crane Investments Limited trading as TravelBee. (TravelBee) as owner and the Hirer whose particulars are entered on the front of this Agreement (Hirer). This Agreement consists of the front of this document and the terms and conditions contained below.
Terms
TERMS AND CONDITIONS
AGREEMENT TO HIRE A RENTAL VEHICLE
VEHICLE DESCRIPTION AND TERM OF HIRE
1. TravelBee will let and the Hirer will take the motor vehicle, details of which are set out on the front of this Agreement (the vehicle), for the term of hire as described in this Agreement.
PERSONS WHO MAY DRIVE VEHICLE
2. The vehicle may be driven during the period of hire only by (i) the person or persons described on the front of this Agreement or person(s) approved by TravelBee via electronic form of communication and (ii) such other person(s) as may be agreed by TravelBee at the time of hire or subsequently, and in each case only if each such person holds a current driver’s licence (particulars of which are to be given to TravelBee at the time of hire, whether on the front of this Agreement or otherwise or at the time TraveBee agrees to that person being a driver) appropriate for the vehicle at the time they are driving the vehicle.
HIRER’S OBLIGATIONS
3.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) only the correct fuel type specified for the vehicle will be used;
(d) the tyres on the vehicle are maintained at their proper pressure;
(e) all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use;
(f) the distance recorder and speedometer are not interfered with;
(g) no part of the engine, transmission, braking or suspension systems is interfered with;
(h) should a warning light be illustrated or the Hirer believes the vehicle requires mechanical
attention, he/she stops driving it and advises TravelBee immediately;
(i) every driver of the vehicle carries his or her driver’s licence in the vehicle at all times and will produce it on demand to any police, traffic or other enforcement officer;
(j) every driver is aware of and complies with the terms of this Agreement;
(k) no driver or passenger smokes in the vehicle; the hirer would be charged $100 if no smoke clause is breached.
(l) any accessories (such as, but not limited to, ski racks and snow chains) are fitted correctly so as not to cause damage to the vehicle or any person or property;
(m) children are appropriately restrained in the vehicle.
INSURANCE
4. TravelBee is obliged to offer to arrange motor vehicle insurance for the benefit of the Hirer, and the following provisions shall apply:
(a) The Hirer may add an additional driver to the insurance policy upon TravelBee management approval. Before any such approval, the hirer is obliged to provide additional drivers details such as, full drivers licence copy printed in English. The hirer and the additional driver must be at least 18 years of age.
(b) As part of the insurance policy Hirer and any driver named in this Agreement as a person permitted to drive the vehicle will be covered against the losses and damage described in paragraph (c) below. That cover is however subject to the excess (if any) payable by the Hirer as noted in paragraph (e) below and to the exclusions set out in clause 5. The Hirer is covered by the Policy, up to $1,000,000.
(c) The Hirer would be entitled to the below claims of clause 4c (i),(ii),(iii). However the insurance policy would be void if the Hirer breaches clause 5; in an event of any such breach the hirer would be liable for each of the following:
(i) any loss of, or damage to, the vehicle and its accessories;
(ii) any loss of, or damage to, vehicles and other property of third parties and any loss or damage arising from personal injury; and
(iii) all consequential or indirect damage, loss or costs incurred by TravelBee, which shall include, but not be limited to, salvage costs, costs of retrieving the vehicle and the loss of ability to rehire the vehicle and any loss of revenue, in each case arising out of any act or omission occurring during the hire term.
(e) By accepting the insurance policy the hirer would be liable for the excess payable by the Hirer is as specified on the front of this Agreement and is payable for each and every incident involving the vehicle. If however the damage giving rise to the claim under the Policy is excluded under clause 5 below then the excess will be considered part payment toward the total damage costs payable by the Hirer and any additional costs will be charged to the Hirer pursuant to clause 19 below.
(f) The Hirer acknowledges that the exclusions to insurance cover referred to in clause 5 below apply irrespective of whether or not the Hirer has elected to have a reduction in the excess for the Policy as specified by the Hirer initialling its acceptance of AER (Accident Excess Reduction) on the front of this Agreement.
EXCLUSIONS
5. The insurance cover under the Policy shall not apply where the damage, injury or loss:
(a) arises when the driver of the vehicle is under the influence of any alcohol or any drug;
(b) arises when 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 should have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) arises when a breakdown or breakage occurs due to a mechanical, electrical or electronic failure or breakdown including any damage to the engine or transmission system which results directly from a mechanical, electrical or electronic failure, breakdown or breakage, in each case which
is the result of the improper or unauthorized use of the vehicle;
(d) arises when an accessory is incorrectly fitted to the vehicle and causes damage to the vehicle, or the vehicle is loaded, or is in the course of being loaded, to a degree which is in excess of the manufacturer’s specifications, or when the vehicle is being loaded or unloaded outside the boundary limits of a road or other thoroughfare and the loading or unloading is done by someone
other than the driver or a person authorised by the Hirer;
(e) arises when the weight of the vehicle or its load causes damage to any bridge, road or viaduct, or anything beneath the road, including any underground pipeline, cable or other installation;
(f) arises when there is overhead damage to the vehicle or to the property of any third party resulting from the overhead damage;
(g) consists of damage consisting of any puncture, cut or bursting of any tyre, or from damage to any tyre caused by application of the vehicle’s brakes;
(h) arises when the vehicle is operated in any race, speed test, trial, rally or contest;
(i) arises when the Hirer is not a body corporate or department of state and the vehicle is driven by any person not permitted by clause 2;
(j) arises when the vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer’s authority or control;
(k) consists of wear and tear to the vehicle in the ordinary course;
(l) arises when the driver commits a traffic offence while driving the vehicle (and for the avoidance of doubt any penalty or fine imposed as a result of prosecution for breach of any law shall not be covered by the Policy);
(m) arises when the vehicle is operated outside the term of hire or any agreed extension of that term [or in any other circumstances notified by TravelBee to the Hirer]; or
(n) arises when the vehicle is operated on Skippers Canyon Road, Queenstown or Ninety-Mile Beach, Northland or on any unformed road including any beach.
6. Section 11 of the Insurance Law Reform Act 1977 shall apply to clauses 4 and 5 as if this Agreement were a contract of insurance.
TRAVELBEE’S OBLIGATIONS
7. TravelBee shall supply the vehicle in a safe and roadworthy condition up to current Certificate of Fitness standards.
8. TravelBee 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.
MECHANICAL REPAIRS AND ACCIDENTS
- If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise TravelBee of the full circumstances immediately.
10. The Hirer shall not arrange or undertake any repairs or salvage without TravelBee’s authority except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. This extends to purchasing any replacement tyre without approval of TravelBee.
11. TravelBee has arranged 24 hour roadside assistance, if the assistance is required in respect of an inherent mechanical, electrical or electronic fault in the vehicle (as determined by TravelBee or its authorised agent) then the cost of the assistance will be borne by TravelBee. Should there be any call-outs by the hirer relating to refuelling, jump starting, tyre related incidents, lost keys and keys locked in the vehicle, the costs associated of such callout are payable by the Hirer directly to that provider. - If for any reason the vehicle requires repair or replacement then the decision as to whether or not another vehicle should be supplied to the Hirer is at TravelBee’s sole discretion.
USE OF THE VEHICLE
13. The Hirer shall not:
(a) use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with TravelBee’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (the Act);
(b) sublet or hire the vehicle to any other person;
(c) permit the vehicle to be operated outside their authority;
(d) operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against Sections 56, 57 or 58 of the Act (which relate to driving under the influence of drugs or alcohol) or under any other act or regulation or allow the vehicle to be used in connection with any illegal activity;
(e) operate the vehicle or permit it to be operated in any race, speed test, trial, rally or contest;
(f) operate the vehicle or permit it to be operated in breach of the Act, the Land Transport (Road User) Rule 2004, or any other act, regulations, rules or bylaws to road traffic;
(g) operate the vehicle or allow 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 and/or RUC certificate, whichever is the lesser for the vehicle;
(h) drive or allow the vehicle to be driven on any roads excluded in clause 5(n) of this Agreement, or on any beach, or any driveway or other surface likely to damage the vehicle;
(i) operate the vehicle or allow it to be operated to tow or push any other vehicle;
(j) allow any animal to be in the vehicle apart from guide dogs for visually impaired people;
(k) carry hazardous or dangerous goods in or on the vehicle.
14. Without limiting the obligations of the Hirer under this Agreement, the Hirer will be liable to compensate TravelBee for all costs and losses suffered as a result of the wrong fuel type being used in a vehicle (including petrol being put into a diesel vehicle, and vice versa) while it is on hire to the Hirer.
RETURN OF VEHICLE
15. The Hirer shall, at or before the expiry of term of hire, deliver the vehicle to TravelBee or its agent at the location specified on the front of this Agreement and if it wishes to extend the period of hire it shall seek TravelBee’s consent to the continuation of hire (in which case the Hirer will pay additional rental
charges for any agreed extension of the hire). If the Hirer does not comply with this clause the Hirer may be liable for charges for the late return of the vehicle or for returning it to a location other than the agreed one.
16. Hirers are obliged to keep the keys to the vehicle with them at all times during the term of hire of the vehicle and to return them with the vehicle at the location referred to in clause 15 above at the expiry of the term of hire. A failure to return the keys at that time with the vehicle means that the vehicle
has not been validly returned to TravelBee, and as a result the Hirer may be liable for costs and losses associated with the failure to return the keys at the specified location at the scheduled expiry of the term of the hire (including where keys are lost or damaged during the term of hire). These costs and
losses may include loss of income to TravelBee while it is not able to rehire the vehicle, courier costs for couriering the spare set of keys to the location of the vehicle, and the cost of replacement keys if the keys are lost or destroyed. The cost of replacement keys is likely to be at least $200 plus GST.
17. The Hirer shall remove all personal belongings from the vehicle prior to returning the vehicle. TravelBee is not responsible for any items that are left in the vehicle upon return. Where a valuable item is left in the returned vehicle TravelBee will attempt to contact the Hirer, and any costs of return of the item or
for its storage will be borne by the Hirer. Where the Hirer cannot be satisfactorily located within one month and in the case of items of little value, TravelBee shall be entitled to dispose of such items as it sees fit, and should any be sold then the net proceeds of sale will be paid to a charity selected by TravelBee.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
18. TravelBee shall have 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 this Agreement in a manner or an extent which TravelBee considers material, or if the vehicle is involved in an accident or damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of TravelBee and the rights and obligations of the Hirer under this Agreement or otherwise. No hire charges shall be payable by the Hirer in relation to the period after the date the vehicle is returned to or repossessed by TravelBee.
PAYMENTS BY HIRER
- The Hirer agrees to pay on demand all of the following charges (whether or not charges are detailed on the front of this Agreement): as payment for the hire of the vehicle all charges at the rates detailed on the front of this Agreement for each 24-hour period (or part thereof) commencing from vehicle check-out time as specified in this Agreement;
(a) a fee to cover additional drivers;
(b) a surcharge for drivers under the age of 25;
(c) any applicable additional charges for distance driven as specified on the front of this Agreement;
(d) any road user charges if specified on the front of this Agreement;
(e) charges for late return of vehicle;
(g) charges resulting from the loss of or damage to the keys to the vehicle;
(h) the insurance excess rates are as follows; Risk taker-$2000, Chance taker-$1000 and safe player-$0 excess. A bond amount of $2000 for Risk Taker booking, $1000 for the Chance taker bookings are to be paid by the hirer prior to taking the vehicle.
(i) the cost of all fuel (but not oil) used in the vehicle during the period of hire;
(j) where the Hirer breaches any of their obligations under this Agreement (without limiting any other right TravelBee has) such sum as is necessary to compensate TravelBee for loss or damage as determined by TravelBee acting reasonably;
(k) any charges for cleaning the vehicle interior where the vehicle is returned in a condition that TravelBee considers excessively dirty requiring extra cleaning or deodorising. This includes stains, spillage of fluids, food or vomit, and extends to odours including tobacco smoke;
(l) all fees and penalties for traffic and parking offence infringements and unpaid toll charges; an admin fee of $60 applies for sending infringement copy electronically.
(m) a cancellation fee of 40% applies for booking cancellations14 days (including weekends and public holidays) prior to the booking start date. No-refund would be available for any bookings cancelled less than 14 days of the booking commencing date.
(n) a credit card fee of 2% applies on all bookings and charges, bond money would be charged from the credit card and would be refunded to the customers credit card once the car is returned in the condition taken.