Downtown Car Hire
Rental Terms & Conditions
Terms and Conditions
This is a sample of the agreement that you will be asked to sign when you hire any one of our vehicles.
The following rental vehicle agreement is made between Shendi Industries Ltd trading as Downtown Car Hire (“Owner”) and the hirer whose particulars are recorded on the front page of this agreement (“Hirer”).
Vehicle Description and Term of Hire
The Owner will let and the Hirer will take the motor vehicle, details of which are recorded on the front page of this agreement (“the vehicle”), for the term of hire as described in this agreement.
Other Products and Services
The Owner agrees to arrange and the Hirer agrees to purchase any additional products and services as described on the front page of this agreement. The hirer is responsible for the correct fitting and use of any accessories supplied.
Persons Who May Drive the Vehicle
The vehicle may only be driven by the persons described in this agreement and only if each such person holds a current full driver’s licence (particulars of which are given alongside the name and address on the front of this agreement) appropriate for the vehicle at the time when they are driving the vehicle.
Payments by Hirer
The owner agrees to provide, and the hirer agrees to purchase, the car rental services described on this agreement at the rate specified on this agreement.
In addition to the payment specified above, the Hirer acknowledges that s/he will be liable at the end of the hire period to pay the Operator any applicable additional charges. These may include charges for fuel, RUC, late return, damage to or repair of the Vehicle, additional cleaning, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees and the administration costs relating to these fines and fees, and toll charges.
Any unauthorised late return will attract a surcharge of $25 per hour (up to 4 hours) and $100 per day thereafter in addition to the daily rate.
The Hirer is responsible for the cost of all fuel (but not oil) used in the vehicle during the period of hire. If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or deodorising the hirer is liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle.
The Operator is entitled to deduct any 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 Operator, such choice is at the Operator’s discretion.
The Hirer is liable for any loss of, or damage to, the Vehicle and/or any accessories and any consequential damage, loss or costs incurred by the Operator, including salvage costs as well as any loss of, or damage to, vehicles and property of third parties arising during the term of hire.
Use of the Vehicle
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 Operator’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“Act”);
- Sublet or hire the vehicle to any other person;
- Allow the vehicle to be operated outside his or her authority;
- Operate the vehicle or allow it to be operated in any circumstances that constitute an offence against section 56, 57 or 58 of the Transport Act 1969 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence f alcohol or drugs);
- Operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;
- Operate the vehicle or allow it to be operated in breach of the Land Transport Act 1998, the Freedom Camping Act 2011 or any other act, regulations, rules or bylaws relating to road traffic;
- 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 and/or the RUC certificate, whichever is the lesser for the Vehicle;
- drive or allow the vehicle to be driven on any unformed road or on any beach, driveway or other surface likely to damage the vehicle;
- Operate the vehicle or allow it to be operated to tow or propel any other vehicle, except any luggage trailer supplied by the owner, the details of which are recorded on the front of this agreement.
- Allow any animal to be in the vehicle apart from guide dogs for visually impaired people;
- Allow any person to smoke in the vehicle.
The Hirer must ensure that:
- All reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use;
- No part of the engine, transmission, braking or suspension systems are interfered with;
- The water in the radiator and battery and the oil in the vehicle is maintained at the proper levels;
- Only the correct fuel type specified for the vehicle is used;
- The tyres are maintained at their proper pressure;
- The distance recorder and speedometer are not interfered with;
- Should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and advise the owner immediately;
- Every driver of the vehicle carries his or her driver's licence with them in the vehicle at all times and will produce it on demand to any enforcement officer;
- 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;
- Children are appropriately restrained in the vehicle at all times.
The Hirer shall ensure that a copy of this agreement is:
- Kept in the vehicle throughout the term of the hire;
- Produced without delay for inspection on demand by an enforcement officer.
- The Owner shall supply the vehicle in a safe and roadworthy condition that is up to current Certificate of Fitness standards.
- The Owner 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.
Motor vehicle insurance must be offered by the Owner. The Hirer can opt out of this arrangement and make their own insurance arrangements provided these are approved by the Owner. If the Owner is not satisfied that the Hirer's insurance is comparable to the Owner's, the Owner may decline to hire the vehicle.
Where the Hirer accepts the offered insurance policy the following clauses and exclusions apply.
Subject to excess and the exclusions set out below, the Hirer and any authorised driver named in this agreement is fully indemnified in respect of any liability he or she might have to the Owner in respect of the loss or damage of the Vehicle, its accessories and spare parts, and any consequential loss of revenue or other expenses of the Owner. This does not include the loss or damage to any of the Hirer’s property being kept or transported in the vehicle.
Subject to excess and the exclusions set out below, the Hirer and any authorised driver named in this agreement is indemnified to the extent of $10,000,000 in respect of any liability he or she might have for damage to any third party’s property (including any animal) arising from use of the Vehicle. This indemnity does not apply to any property being transported in the vehicle at the time of the accident.
The indemnities above shall not apply where the damage, injury or loss arises when:
- The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;
- 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;
- The vehicle is operated in contravention of the Use of the Vehicle section of this agreement. In respect of breaches of that clause, this exclusion shall only apply where in the reasonably held opinion of the Owner such a breach is wilful, reckless, or of sufficient gravity that it results in the driver being disqualified from driving in New Zealand for any period (loss of licence).
- The vehicle is operated in any race, speed test, rally or contest;
- The vehicle is driven by any person not named in this agreement;
- The vehicle is wilfully or recklessly damaged by the Hirer or person named in this agreement, or the vehicle is lost as a result of the wilful or reckless behaviour of the Hirer or driver;
- 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 driver’s licence appropriate for that vehicle;
- The vehicle is operated outside the term of the hire;
- The vehicle, including its accessories and spare parts, is damaged as a result of incorrect fitting or use of accessories such as snow chains or bicycle racks, or as a result of use of fuel or other substances that is not appropriate for the vehicle as determined by the Owner;
- 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 or dangerous goods.
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 the Owner of the full circumstances immediately.
- The Hirer shall not arrange or undertake any repairs or salvage without the Owners authority except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. This includes, but is not limited to, purchasing any replacement tyres for the vehicle.
- 24 hour roadside assistance is available should there be a need for it due to repair or accident. The costs of the provider of that assistance are payable by the Hirer directly to that provider, and these include call-outs relating to refuelling, jump starting, tyre related incidents, lost keys and keys locked in the vehicle. Where assistance is required in respect of an inherent mechanical, electrical or electronic fault in the vehicle (as determined by the Owner or an authorised agent) then the cost of the assistance will be payable by the Owner.
- 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 the Owner’s sole discretion.
Return of the Vehicle and Termination of Hire
- The Hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys) to the location specified on the front of this agreement, or obtain the Owner’s consent to the continuation of the hire. Changes to the return date and time are subject to vehicle availability and may not always be possible.
- 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 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 and as a result the Hirer may be liable for costs and losses associated with the failure to return the keys (including when keys are lost or damaged during the term of hire).
- The Hirer shall remove all personal belongings from the vehicle prior to returning the vehicle. The Owner is not responsible for any items that are left in the vehicle upon return. Where a valuable item is left in the returned vehicle an attempt will be made to contact the Hirer, and any costs of return of the item or for its storage will be payable by the Hirer. Where the Hirer cannot be satisfactorily located within one month and in the case of items of little value, the Owner shall be entitled to dispose of such items as it sees fit.
- The Owner has the right to terminate the hire and take immediate possession of the vehicle if the Hirer fails to comply with any of the terms in this agreement or if the vehicle is damaged. The termination of a hire 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.
- All penalties related to traffic and/or parking offences are the responsibility of the Hirer.
- The owner may charge the hirer's credit card for any infringement fees incurred by the Hirer in addition to a $40 administration fee.
- In the event that the Owner receives notice of any traffic or parking offenses incurred by the Hirer they shall send a copy of any such notice to the Hirer as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Hirer.
- The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to 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.
Payment of Charges
The Hirer hereby irrevocably and unconditionally authorises the Owner to charge to their credit card and/or to charge to their account all charges and other sums payable by the Hirer under this agreement.
If the Hirer fails to make full payment of any charge due to the Owner, the following charges will be payable by the Hirer:
- Interest on all outstanding charges at a rate of 20% per annum if the sum remains unpaid for at least 14 days;
- The Owner’s costs of recovering or attempting to recover from the Hirer outstanding charges, including any agent's costs and legal costs on a full indemnity basis;
- An administration fee of up to $60 to cover the Owner’s costs in dealing with the non-payment or late payment.
Hirers are entitled to query any charging or debiting by the Owner of any sum to the Hirer's credit card or account pursuant to the terms of this agreement and the Owner shall treat any such query in good faith with a view to resolving any misunderstandings amicably and promptly.
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.