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Terms and Conditions

SELF DRIVE HIRE TERMS AND CONDITIONS

The Hire Company rents to Renters signing the face of this Agreement the vehicle described on this agreement and the Renter agrees that such rental is subject to all terms and conditions set forth on both sides of this Rental Agreement.

1) All of The Hire Company obligations under this agreement including all insurance and collision damage wavier provisions hereof are void if vehicle is used of operated in violation of this Rental Agreement. However Renters obligations and. The Hire Company rights are still in force.

2) Vehicle is the property of The Hire Company and is in good condition and Renter will return Vehicle, together with all tires, tools, accessories and car documents in the same condition as when received, ordinary wear and tear expected, to The Hire Company on the due back date and time specified or sooner upon demand by The Hire Company. The Hire Company may peacefully repossess Vehicle without demand at any time at Renter's cost if it is illegally parked, used in violation of law or if this agreement, is apparently abandoned, or is not returned by Renter as herein agreed.

3) (a) Vehicle shall not, under any circumstances be used or operated by any person other than the renter or Additional Driver or
(b) Who has given The Hire Company. a false name, age, address, or any other false or misleading information; or
(c) Who is under the influence of intoxicants, narcotics or any other substance known to impair driving ability; or
(d) For the transportation of persons or property for hire; or
(e) In any race, speed test, contester for any illegal purpose; or
(f) In any willful and wanton, abusive, reckless of unlawful manner; or
(g) to propel, push or tow any vehicle or trailer; or
(h) Where the odometer of Vehicle has been tampered with or disconnected;
(i) For driving off of paved roads.

The above noted restrictions shall apply to every use and operation of Vehicle and a violation of anyone restriction shall render this contract, including the provisions of Paragraphs 10 and 11, null and void.

4) Renter will pay The Hire Company on demand all charges for time, mileage (as determined by factory installed odometer), fuel, minimums, and service. Collision Damage Waiver, applicable taxes and other items due under this Rental Agreement and Renter authorized The Hire Company to submit a credit card voucher (if applicable) in Renter's name for payment of any such charges. All charges are subject to final audit and if an error is found. Renter or The Hire Company shall promptly pay or credit the other, as appropriate, to correct such error. Renter authorized The Hire Company to correct any charge card Invoices signed by Renter to reflect the correct charges.

5) Renter shall pay all fines, penalties, forfeitures, costs, expenses and attorney fees incurred by The Hire Company as a result of parking or traffic violations or collections, suits fees issues while Vehicle is rented to Renter and authorized The Hire Company to submit a credit card voucher in Renters name for payment and any such charges.

6) Renter shall be fully liable for all damage to vehicle if damage results from misuse, negligence, or lack of maintenance of the vehicle or from off-road use (use on any road other area 'that is not hard surfaced or regularly maintained).

7) Renter shall be responsible for immediately reporting all accidents to police at the scene and The Hire Company and failure to so will void all insurance and waiver provisions hereof, The Hire Company must be notified within 12 hours of the acci­dent.

8) Renter shall be fully liable for all loss, liability and expense resulting from the keys being left in the vehicle.
9) If Renter has directed the billing for any payments due by Renter thereunder to another person or company, and upon being billed such other person or company shall fail to make such payments. Renter shall upon demand by The Hire Company promptly make such payments.

10) In the event of loss or damage to Vehicle while on rental, whether or not due to the fault or negligence of Renter, Renter shall be liable and shall pay The Hire Company on demand the amount of such loss or damage, including:

FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE and COLLISION INCLUDING UPSET-Renter's liability for loss of or damage to Vehicle is:

(I) LIMITED to the amount shown on the reverse side hereof, or
(II) Waived by The Hire Company. if Renter accepts COLLISION DAMAGE WAIVER IS NOT INSURANCE but Is a waiver if The Hire Company, right to collect for the deductible portion of collision damage.

(a) Coverage here under shall automatically conform to the requirements of any "No-Fault" Law which may be applicable and shall automatically be reduced to the minimum requirements of the Financial Responsibility Law or other applicable statute of the state or other jurisdiction which imposes coverage by operation of law for the benefit or Renter or any Authorized Driver not withstanding the exclusion of such coverage if the provisions of Paragraph 3 of any other paragraph are not compiled with as herein required. Renter waives uninsured and underinsured motorist supplemental no-fault and other optional coverage.

(b) Renter shall indemnify and hold The Hire Company. harmless from all loss, liability and expense in excess of the limits of liability provided for herein as a result of bodily injury, death, or property damage arising out of the use or operation of Vehicle.
 
(c) Renter, as an Insured under said liability coverage, shall comply with and be bound by all terms, conditions, limitations and restrictions of said liability coverage Renter must immediately report any accident to The Hire Company at the location where Vehicle was rented must deliver to The Hire Company at such location or to The Hire Company insurer, every process, pleading or paper of any kind relating to such accident, and must cooperate with The Hire Company and its insurer in the investigation and defense of any such accident, claim, suit, or proceeding,

11) If Renter has given The Hire Company any false or fictitious information (including, but not limited to name, address, or business affiliation or Renter fails or refuses to return Vehicle to The Hire Company on the due back date or within 24 hours following a written or oral demand upon Renter by The Hire Company (which demand, if in writing shall be deemed delivered to Renter 46 hours after the deposit of a certified letter NZ mailbox addressed to either the residence or business address of Renter as shown on the reverse side hereof. Renter shall be conclusively presumed to be unlawful possession of Vehicle and under such circumstances. The Hire Company may cause the issuance of a warrant for the arrest of Renter or any person in possession of Vehicle.

12) Renter hereby releases and discharges The Hire Company and agrees to defend and hold The Hire Company harmless from any and all claims, suits, or demand of every kind or nature whatsoever arising out of any alleged false arrest, false imprisonment, false detention, defamation of character, assault, malicious prosecution, trespass, invasion of civil rights or any other cause arising out of the issuance of a warrant for the arrest of Renter or any person using or operating Vehicle, or arising out of any other action by The Hire Company, including but not limited to self-help, which The Hire Company. deems necessary to effect the return of Vehicle, to collect any monies due The Hire Company pursuant to the Rental Agreement, or to otherwise enforce the terms and provisions hereof. Further, Renter shall pay all costs, expenses and attorney's fees incurred by The Hire Company in regarding possession of Vehicle, in collecting sums due or in otherwise enforcing any provisions of this Rental Agreement.

13) Not withstanding Its negligence or the negligence of its agents or employees, The Hire Company shall not be liable for the loss or damage to any property left stored or transported in any service or rental vehicle of The Hire Company either before or after stored upon any premises of The Hire Company. Renter assumes all risks of such loss or damage and waives all claims against The Hire Company by reason thereof and Renter agrees to defend and hold The Hire Company. harmless from all claims, suits or demands arising out of such loss or damage.

14) Renter or the driver of Vehicle shall in no event be deemed the agent or employees of The Hire Company in any manner or for any purpose whatsoever.

15) No rights of The Hire Company under this Rental Agreement may be waived, unless in writing, and signed or Initialed by The Hire Company.

16) Rental agents do not have authority to modify this Rental Agreement and such agent is not authorized to make promises or representations contrary to the written provisions of this Rental Agreement.

17) A 15% per month service charge will be added to all monies due over 30 days from contract vehicle return date.

COLLISION DAMAGE WAIVER INFORMATION

By entering into a rental, you may be liable for damage to the rental Vehicle from a collision, no matter how it happens and whether or not you purchase Collision Damage Waiver.

RESTRICTIONS AND CONDITIONS THAT MAY VOID THIS PROTECTION ARE:

1) Driving on sand or unpaved roads
2) Leaving the keys in the vehicle.
3) Driving under the influence of intoxicants, narcotics or any other substance known to impair driving ability.
4) Any driver not listed on Rental Agreement.
5) Driver engaging in illegal acts or unlawful activity.
6) Using the vehicle for hire to transport persons or property.
7) Using the Vehicle in any race, speed test or contest.
8) Using the vehicle to propel or tow any other vehicle or trailer.
9) Any vehicle damage caused by gross negligence of the driver.
10) Failure to report an accident or damage to the vehicle at the scene and time of the incident.

© Mount Classics     PO Box 4678     Mount Maunganui      New Zealand       Tel: +64 7 574 1779      Fax: +64 7 574 1775      Email: info@mctours.co.nz 
Page last updated 12th May 2010