NZ McRent Kiwi Compact

ACCEPTANCE OF TERMS AND CONDITIONS

(PLEASE READ AND UNDERSTAND BEFORE SIGNING AND ACCEPTING IT.)

1. TERMS AND CONDITIONS

• This agreement is between McRent New Zealand Limited (the “Rental Company”) and the Hirer whose particulars are recorded in this agreement (the “Hirer”). It is hereby agreed that the Rental Company will let the Hirer take possession of the Vehicle, details of which are set out in this agreement (the “Vehicle”), for the term of hire described in this agreement and on the terms and conditions of this agreement.

2. Who May Drive the Vehicle

• The Vehicle may be driven during the term of hire only by the person(s) described in this agreement and only if each such person holds a current full driver’s license appropriate for the class of vehicle in this agreement, is aged 25 or above and must have two years driving experience.
• The license details are recorded in this agreement alongside each person’s name. If the foreign driver’s license is not in English, an English translation or international driving permit shall be carried with the foreign driver’s license.

3. Payments by the Hirer

• 3.1. Obligation of the Hirer:
  • The Hirer shall pay the Rental Company for the hire of the Vehicle the amount specified in this agreement. To confirm the booking a deposit of 30% of the rental price must be paid, with a minimum of NZ$200 . After receipt of payment a booking confirmation will be sent to the hirer. 40 days before pick-up the full rental price must be paid.
  • If the term of hire is later extended the Hirer shall pay the Rental Company for the additional hire period when the Rental Company confirms the extended period. Extensions are subject to availability and are calculated at the daily rental rate on the date the extended period is booked.
• 3.2. In addition, the Hirer acknowledges that he/she shall be liable to pay the Rental Company at the end of the hire period any applicable additional charges specified in the agreement. These may include Road User Charge charges for fuel, late return, damage to or repair of the Vehicle (subject to other terms in this agreement), costs incurred by the Rental Company through salvage or loss of revenue resulting from the hire, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees, and toll charges and the administration costs relating to these fines, fees and charges. The Road User Charge will be invoiced to the customer after the rental.
  The relevant hire charge includes: In generally unlimited mileage; specials could have limited kilometres, extra kilometres will be charge according to the valid price list. The Rental Company will deduct such charges from the Hirer’s credit card during or after the term of hire is completed, or the Hirer may pay such charges as agreed with the Rental Company, such choice to be at the Rental Company’s sole discretion.
• 3.3. All payments shall be made in New Zealand Dollars. The following credit or debit cards will be accepted: Visa and MasterCard. A non-refundable 2,5% administration fee may apply to Visa and MasterCard transactions.
• 3.4. Rates include GST. Rental days are calculated on a calendar basis. Part days at the start or end of the hire are charged at the full daily rate.
• 3.5. Late Pick Up or early return of the Vehicle shall not entitle the Hirer to any refund of the unused portion of the rental.
• 3.6. The Hirer undertakes to pay a deposit at the beginning of the rental period in the amount of the applicable excess, which will be refunded once (the deposit must be paid by credit card):
  • the Vehicle and its contents have been returned in the same condition as when hired; and
  • the Vehicle is returned to the agreed location on the agreed date. Failure to comply with this clause will result in the bond being reduced ratably and proportionately to allow the Rental Company to reinstate the Vehicle and/or its contents back to the same condition it was before commencement of the hire.
• 3.7. On payment of liability reduction insurance by the Hirer, the bond payable by the Hirer is reduced to the applicable excess of the reduction option/ collision damage wavier (CDW) chosen (NZD1000/NZD500 or NIL – for the first accident/incident.

4. Use of the Vehicle

• 4.1. The Hirer shall not:
  • sublet, hire or otherwise part with possession of the Vehicle to any other person;
  • allow the Vehicle to be used outside his/her authority or for a purpose other than a motorhome;
  • operate the Vehicle, or permit it to be operated in circumstances that constitute an offence;
  • drive or allow the Vehicle to be driven on any beach or surface likely to damage the Vehicle; or (Clause 6l)
  • involve the Vehicle in any race, speed test, rally or contest; or
  • allow the Vehicle to transport more than the number of persons permitted by any applicable law or detailed in the Vehicle Manual.

5. Rental Company Obligations

• 5.1. The Rental Company shall deliver the vehicle in a safe and road worthy condition, up to current Certificate of Fitness Standard.
• 5.2. The Rental Company shall be responsible for all maintenance and running costs of 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.
• 5.3. If the reserved Vehicle is not available for reasons outside the Rental Company’s control, then the reserved Vehicle may be substituted with a comparable or superior Vehicle at no extra cost to the Hirer. Such Vehicle substitution shall not constitute a breach of this agreement and does not entitle the Hirer to any form of refund or other claim against the Rental Company. If no substitute Vehicle is available to the Hirer, the Rental Company’s liability shall be limited to a refund of the hire charge in full. In the case of mechanical failure (unless caused by the Hirer), the Rental Company’s liability shall be limited to the hire charge for the remainder of the term of hire. Clause 13.5

6. Hirer’s Obligations

• 6.1.  The Hirer shall ensure that: :
  • All reasonable care is taken when driving and parking the Vehicle;
  • The engine coolant and oil in the Vehicle are maintained at the proper level;
  • The tires are maintained at their proper pressure);
  • The Vehicle is locked and secure at all times when it is not in use;
  • The Vehicle keys are kept secure. The cost of replacement keys and related services for example courier shall be at the Hirer’s expense;
  • the engine, transmission, braking or suspension systems are not interfered with;
  • The fuel, oil and AdBlue tanks are filled with the correct fuel/oil/AdBlue and the freshwater tanks are not contaminated. The cost of recovery costs is at the Hirer’s expense;
  • Should a warning light be illuminated or the Hirer believes the Vehicle requires mechanical attention, he/she shall stop driving and inform the Rental Company immediately;
  • There is no smoking and/or vaping in the Vehicle at all times. Any evidence of smoking or vaping in the Vehicle shall incur a cleaning fee;
  • Participation in festivals and other events is only permitted with the express consent of the Rental Company;
  • Animals are not permitted inside the Vehicle; Animals, except for registered guide or disability assistance dogs, are not permitted inside the Vehicle. Any evidence of unauthorized animals in the Vehicle will incure a fine of $500 and the cleaning fee according to the current pricelist
  • Journeys outside of New Zealand are not permitted;
  • Vehicle shall not be driven on any beach or surface likely to damage the vehicle; track or other surface where there is signage indicating that it is not suitable for motorhomes, or large or heavy vehicles; surface where there are trees or other low hanging structures that could damage the Vehicle or there are trees, fences or other obstacles that could prevent or hinder progress and/or damage the Vehicle; Allow the Vehicle to be submerged in water, brought into contact with salt water, used in a creek or river crossing, or driven through flooded areas,which means the hirer remains fully liable for the value of the vehicle in case of an incident. The following roads are considered hazardous and are exempt from insurance cover. For your own safety, please do not drive the vehicle on any of these roads as it forfeits even the basic insurance cover normally included in the rental rate:
    • Skippers Road (Queenstown)
    • Crown Range Road (Queenstown)
    • Ball Hut Road (Mt. Cook)
    • Ninety Mile Beach (Northland)
    • North of Colville Township (Coromandel Peninsula)
    • Road 309 Whitianga to Coromandel Town (Coromandel Peninsula)
    • Tapu- Coroglen Road (Coromandel Peninsula)The vehicle must not be driven with the handbrake applied or with the accelerator and brake
      pedals depressed at the same time

7. Rights Under Agreement

• 7.1.  The Hirer acknowledges and agrees (including for the benefit of the Owner (as defined
  below) that:

   

  • a person other than the Rental Company is the legal Owner of the Vehicle (the “Owner”) and the Rental Company has entered into an agreement to take the Vehicle on bailment from the Owner (the “Bailment Agreement”) and the Rental Company may charge, mortgage or grant a security interest (a “Security”) in its interest in the within agreement in favor of the Owner without the Hirer’s consent;
  • the exercise of any rights by the Owner under the Bailment Agreement or a Security will not constitute a breach or default under the within agreement or otherwise entitle the Hirer to terminate, rescind or revoke the within agreement and further the Owner may contact the Hirer to verify its possession of the Vehicle;
  • the Hirer’s rights in respect of the Vehicle are expressly subject and subordinated to the rights of the Owner and nothing in the within agreement will in any way limit, reduce, vary or otherwise qualify the rights of the Owner under or in connection with the Bailment Agreement or any Security;
  • if a repudiation or termination occurs under the Bailment Agreement or a Security T&C New Zealand page 2 of 3 becomes enforceable
    • the Owner or Rental Company may by notice to the Hirer terminate this agreement and upon such notice the Hirer’s right to possess and use the Vehicle shall immediately cease and the Hirer must surrender possession and control of the Vehicle to the Owner or the Rental Company, notwithstanding that the Hirer may not be in breach or default of its obligations under the within agreement; and
    • he Owner or Rental Company may enter any premises where any Vehicle is located to exercise any rights of the Rental Company or the Owner under any Security, the within agreement or at law including, if the need arises, the right to remove the Vehicle from the relevant premises. The Hirer agrees to obtain all necessary consents from the Owner, occupier and other interested persons (such as any mortgagee) of the relevant premises where the Vehicle is located to enable the Owner and Rental Company to do this. The Hirer acknowledges, including for the benefit t of the Owner, that by entering into this agreement the Rental Company will be in breach of the Bailment Agreement unless the Hirer agrees to the terms set out in paragraphs a), b), c) and d)

8. Storage and Forwarding of Personal Data

• Hirer agrees to the Rental Company storing personal data. :
• The Rental Company may forward these data via the central warning ring to third parties with a justified interest if the statements made in the rental are incorrect in essential points or the rented Vehicle is not returned within 24 hours of the expiry of the rental period (also extended, if need be) or if rental claims have to be made in judicial reminder proceedings or cheques presented by Hirer are not honored. In addition, the data can be forwarded to all the authorities responsible for prosecution of offences against public order and criminal offences in the event of Hirer actually behaving dishonestly or sufficient indications here for existing. This is done, for example, in the event of wrong information for the rental, presentation of forged personal documents or such reported as having been lost, failure to return the Vehicle, failure to notify a technical defect, road traffic offences or similar.
• If a customer booked the CDW0 the station has the right to copy the credit card for
  possible claims against the customer

9. Mechanical Repairs & Accidents

• 9.1.If the Vehicle is involved in an accident, damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Rental Company providing full details immediately during office hours or otherwise within 24 hours in order to give the Rental Company the opportunity to rectify the problem during the hire. Failure to do so may affect any claims for compensation relating to the hire.
• 9.2.  The Hirer shall not arrange or undertake any repairs or salvage without the Rental Company’s authority. If the Vehicle is damaged to the extent that it cannot be driven, the Rental Company shall endeavor to exchange the Vehicle. Provision of an exchange Vehicle is subject to availability and the Hirer’s location.
• 9.3.  The Rental Company is liable for refund of hire charges of any unused full day of Vehicle lost due to a mechanical breakdown through no fault of the customer. The Rental Company is not responsible for any monetary compensation, accommodation charges or meals resulting from a breakdown or accident.
• 9.4.  If the Vehicle is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will be entitled to supply the Hirer with an equivalent substitute Vehicle within a reasonable period. If the Rental Company supplies an equivalent substitute Vehicle, any termination by the Hirer is excluded. If in such a case the Rental Company offers a Vehicle from a lower price class and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the difference between this and the price already paid in advance by the Hirer. If no replacement vehicle can be provided, the Rental Company may cancel the contract.
• 9.5. All Vehicles are registered with the 24hr Roadside Assistance. This service covers any mechanical faults with the Vehicle. 24hr Roadside Assistance does not cover the following and the associated costs will be the responsibility of the Hirer:
  • the Vehicle running out of fuel, AdBlue or breakdown caused by the Vehicle being incorrectly fuelled;
  • the Vehicle is unable to be accessed due to a lock out or the Vehicle keys being lost;
  • flat batteries caused by incorrect usage of the batteries and/or incorrect usage of any equipment that requires the batteries in order to operate;
  • flat or damaged tire(s);
  • the Vehicle is unattended at the time the 24hr Roadside Assistance Service Provider arrives at the breakdown location or a wrong address was given; and
  • the Vehicle is not on public or formed road or is trapped or bogged.
  • Non-mechanical callouts to the NZRA will incur a call-out charge payable by the Hirer.

10. Return of the Vehicle

• 10.1.  The Hirer shall, at or before the expiry of the term of hire, deliver the Vehicle to the Rental Company as described on the front of this agreement, or obtain the Rental Company’s consent to the continuation of the hire. If the Vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the actual valid pricelist (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late must be borne by the Hirer.
• 10.2. The Hirer shall return the Vehicle with::
  • full fuel tank and full LPG bottles. Failure to do so shall result in refill charges – see current price list
  • empty waste tank;
  • all Vehicle equipment accounted for and undamaged. The Hirer is liable for any equipment that is damaged or not accounted for; and
  • in a reasonably clean and tidy condition. Failure to do so shall result in a cleaning fee – see current price list

11. Liability and Liability Reduction Option

• 11.1.  Any driver described in this agreement is the person permitted to drive the Vehicle. He/she is responsible for any loss or damage to the Vehicle and for any consequential damage, loss or costs incurred by the Rental Company through salvage or loss of revenue resulting from the hire beyond the applicable excess amount.
• 11.2.  Any driver described in this agreement is the person(s) permitted to drive the Vehicle. The Rental Company is covered to the extent of NZD 20,000,000 in respect of any liability for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.
• 11.3.  The Hirer’s liability will be for any loss or damage to the Vehicle, however caused, and for any consequential loss or damage, during the term of this hire, or during any authorized extensions to the term, up to the applicable excess amount of NZD 7500 per incident.
• 11.4.  The Hirer is liable for payment of the applicable insurance excess in the case of damage to, or accidents involving the Vehicle when the Hirer has not taken liability reduction insurance. On payment of the liability reduction insurance by the Hirer, the excess payable by the Hirer is reduced or eliminated depending on the liability reduction option selected and subject to exclusions in clause 11.8. The Rental Company may make the applicable deduction from the Hirer’s credit card following notification of any loss or damage to the Vehicle
• 11.5.  The Hirer has the possibility to book a Collision Damage Wavier option (CDW). This reduction mentioned in the rental contract apply to the first incident (, for additional incidents the hirer liability will be NZD 7500 per incident)
• 11.6.  In the event of any damage to the Vehicle, its contents or third party property, another bond shall be collected to cover the excess for any subsequent damage.
• 11.7.  Where the total cost of a claim is less than the excess then the Hirer shall be liable to pay that lesser amount.
• 11.8. The Hirer acknowledges that the cover referred to in clause 11 will not apply when:
  • the Vehicle is driven by anyone not named in this agreement as the person(s) permitted to drive the Vehicle;
  • the driver of the Vehicle is under the influence of alcohol or any drug;
  • the Vehicle is in an unsafe or un-roadworthy condition, such condition arising during the term of the hire, that caused or contributed to the damage or loss;
  • the Vehicle is wilfully or recklessly damaged or lost by the Hirer, the nominated driver, or the person under the Hirer’s authority or control including sitting or standing on the roof, driving on any beach or surface likely to damage the Vehicle or cause it to become bogged or trapped, driving through flooded areas, submersing in water or exposing the Vehicle to salt water;
  • the fuel or freshwater tanks are contaminated; or
  • the Vehicle was operated outside the terms of this agreement or any agreed extension of the term of this agreement;
  • Damages at the awning;
  • Interior of the vehicle is damaged

12. Traffic Offences

• 12.1. The Hirer is advised that New Zealand law permits the Rental Company to debit the Hirer’s credit card for any infringement fee for an offence where the offence was committed during the term of the hire. This includes but is not limited to speeding, toll road, parking and freedom camping offences. The Rental Company may also charge an administration fee of NZD 25 per infringement notice received.
• 12.2.  The Rental Company will send the Hirer a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the Rental Company. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).

13. Amending or Cancelling Hire Agreement

• 13.1.Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least sixty days before the agreed commencement of the rental period, as long as the Rental Company has alternative capacity and the alternative booking corresponds in amount to the first. Rebooking is only possible in the same calendar year and at the same station, a change of station is not possible in case of rebooking. Later changes of bookings are not possible. If the booked travel period is shortened/reduced, the above-mentioned cancellation conditions apply to the cancelled nights. Each rental amendment will be charged according to the valid price list. After the conclusion of the contract, the Hirer is not entitled to any changes with T&C New Zealand page 3 of 3 regard to the beginning of term of rental Cancellation fees*:
  • From the day of a confirmed booking until 60 days before the beginning of the rental period (Pick Up), we will charge a processing fee of NZD200
  • Between 59 and 50 days before the beginning of the rental 30 % of the rental price but a minimum of NZD100
  • Between 49 and 15 days before the beginning of the rental 50 % of the rental price
  • Less than 15 days before the beginning of the rental 80 % of rental price
  • At rental day / day of the pick-up or by no show 95 % of the rental price
  • The cancellation must be made in writing
  • *It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent.

14. Rental Company Liability to the Hirer

• 14.1. Warranties:
  • No warranties beyond those implied by law (e.g., Consumer Guarantees Act 1993).
• 14.2. Exclusions:
  • No liability for loss of profits, consequential, indirect, or special damages.

15. Indemnity

• 15.1. Child Restraints:
  • Rental Company not liable for child restraint issues; parent/guardian responsible.
• 15.2. Release:
  • Hirer releases Owner/Rental Company from liability for loss/damage from vehicle use or storage.

16. GPS Tracking System

• 16.1. Tracking:
  • Vehicle may have GPS or electronic tracking.

17. Personal Property Registration

• 17.1. Registration:
  • Rental Company may register hire details on NZ Personal Property Securities Register; Hirer waives verification rights.

18. Recommendations

• 18.1. Rest:
  • International Hirers (flights >6 hours or arriving after 1 PM) advised to rest overnight before pickup.
• 18.2. Insurance:
  • Strongly recommend comprehensive travel insurance.

Date of Terms: February 22, 2024