The Rental Agreement comprises the Hirer’s details as well as the Terms and Conditions contained below. The Rental Agreement is made between OTS Global Limited trading as OTS Rent A Car (herein referred to as the “Operator”) and the hirer (herein referred to as the “Hirer”) whose particulars are recorded in the Rental Agreement. It is hereby agreed as follows:
1. VEHICLE DESCRIPTION
The Operator will let, and the Hirer will take, the motor vehicle (herein referred to as “Vehicle”), details of which are described in the Rental Agreement, for the term of hire as described in the Rental Agreement.
2. DURATION OF HIRE
The Hirer shall hire the Vehicle for the period commencing at the time and date specified in the Rental Agreement and concluding at the time and date specified in the Rental Agreement.
The Hirer shall, before the end of the rental period, extend its rental period by notifying the Operator and obtaining the Operator’s consent to the extension (all extensions are subject to availability and are at the discretion of the Operator). In this case, the Hirer is deemed to agree to pay any additional costs as specified by Operator. If the Hirer fails to do so and continues to use the Vehicle beyond the rental period specified in the Rental Agreement as an unauthorized use, the Hirer shall be liable for a penalty charge of up to $200 in addition to the current daily charges and/or late hourly charges as described below.
$15 per hour for HC Class
$15 per hour for C-HR Class
$20 per hour for WB Class
$25 per hour for WD Class
Where the Hirer decides to voluntarily return the Vehicle to the location specified before the end of the rental period specified in the Rental Agreement, the Hirer will not be entitled to a refund.
For the purpose of Clause 2 (a)-(c) above, the Operator will not regard the Vehicle as returned until the Hirer returns the Vehicle and keys to the location specified before the end of the rental period specified in the Rental Agreement.
3. AUTHORISED DRIVER
The Vehicle may be driven during the period of hire only by the persons named on the Rental Agreement as authorised drivers. The authorised drivers must be over 21 years of age at the time of entering into the Rental Agreement and hold a current full valid driver’s licence appropriate for the Vehicle hired. The Driver’s licence must be presented to (and photocopied by) the Operator and held by any authorised drivers at all times during the period of hire.
If the licence is not printed in English, it must be accompanied by an International Driving Permit (printed in English) or an officially translated English driver’s licence (Judgement for validation of translated English driver’s licence is at the Operator’s discretion).
Any additional authorised drivers shall be added at the cost of $10 per driver.
4. PAYMENTS BY HIRER
The Hirer shall pay the Operator for the hire of the Vehicle (and if applicable, GPS device and other accessories) the sum or sums specified in the Rental Agreement, plus goods and services tax (GST).
All Vehicle charges are on a 24 hour basis. Each hour of late return will incur additional charges described in sub-Clause 2 (b)(i)-(iv) (returning Vehicle outside of operational hours is not accepted).
In addition to the payment specified in Clause 4 (a) and (b) above, the Hirer acknowledges they shall be liable at the end of the hire term to pay any additional charges incurred after the conclusion of the Rental Agreement. These include but are not limited to:
any additional driver charges;
any extra charges for drivers between the ages of 21-24;
charges for late return of the Vehicle;
any additional charges using the Vehicle beyond the agreed return time (up to $200 in addition to current daily and/or late charges);
relocation fees of up to $1,000 for returning the Vehicle to a different location other than our branches;
$100 refuelling fee in addition to cost of fuel if the Vehicle is returned not full;
infringement fees under Clause 15;
charges for cleaning the Vehicle if it is returned in an excessively dirty condition or if special treatments are required such as additional cleaning and deodorising;
administration fee of $50 for each infringement fee described in Clause 15; and
any road user charges.
The Hirer is liable to pay charges for any loss of or damage to the Vehicle and accessories during the period of hire. These charges will be determined and notified to the Hirer after a final inspection by the Operator which will be made as soon as practicable after the return of the Vehicle.
The Operator will deduct the charges set out in Clause 4 (a)-(d) from the Hirer’s credit card as soon as practicable either during or after the term of Hire, or the Hirer may pay such charges as agreed with the Operator at the Operator’s sole discretion.
5. HIRER’S OBLIGATION
Hirer shall ensure that:
all reasonable care is taken when handling and parking the Vehicle;
The Vehicle is locked when not in use and the key is kept securely under the Hirer’s personal control at all times;
The Vehicle’s water in the radiator, battery, oil level, coolant level and tyre pressures are maintained at the proper level;
only the correct fuel type specified for the Vehicle is used;
no smoking is allowed in any Vehicle. The Hirer shall pay additional charges for cleaning (Clause 4(c)(viii) applies if this policy is breached);
when pets are in the Vehicle they must be in an animal cage. The Hirer shall pay all charges for cleaning (Clause 4 (c)(viii) applies if this policy is breached);
children under 7 years of age must be restrained in an approved child restraint seat. The Operator has the right to refuse the Hirer’s rental of the Vehicle if it fails to comply with this policy;
every authorised driver shall carry their driver’s licence with them at all times and will produce it on demand to any enforcement officer;
when a warning light in the Vehicle is activated indicating the Vehicle may require mechanical attention, the Hirer shall stop driving the Vehicle and advise the Operator immediately;
if there is any damage, defects or mechanical failure caused by the Hirer to the Vehicle or accessories during the period of hire, the Hirer must notify the Operator as soon as possible and within 24 hours of the incident if practical. If the Hirer fails to notify the Operator of the incident, any insurance taken by the Hirer may be voided;
Vehicle to be returned with full tank of fuel;
it is the Hirer’s responsibility to be aware of and act in compliance with all the New Zealand Transport Agency rules and regulations;
a copy of this agreement is to be kept in the Vehicle throughout the term of the hire and produced without delay for inspection on demand by any enforcement officer; and
no person shall interfere with any mechanical aspect of the vehicle including, but not limited to, the distance recorder, speedometer, engine, transmission, braking or suspension systems of the Vehicle.
6. OPERATOR’S OBLIGATIONS
The Operator shall supply the Vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
The Hirer is liable for:
any loss of, or damage to, the Vehicle and its accessories arising during the hire term;
any loss of, or damage to, the Vehicle and/or property of third parties arising during the hire term; and
any consequential damage, loss or costs incurred by the Operator, including salvage costs, loss of ability to re-hire and loss of revenue.
The Hirer agrees to release and indemnify the Operator from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of the use or misuse of the Vehicle.
8. 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 knowledge of the Operator for use in a passenger service licenced under Part 4A of the Land Transport Act 1998;
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 circumstances that constitute an offence against sections 56, 57 and 58 of the Land Transport Act 1998;
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 Traffic Regulations Act 1976, the Transport Act 1962, or any other Act, regulations, rules, or by laws 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 gross vehicle mass specified in the certificate of loading for the Vehicle;
drive or allow the Vehicle to be driven by any person who does not hold a current and valid driver’s licence;
drive or allow the Vehicle to be driven off-road or on any roads listed in Clause 13 (f). The term ‘off-roads’ includes, but is not limited to, any beach, dirt track, river bed or an area has potential to damage the Vehicle;
allow the Vehicle to be driven by any person who is not an authorised driver named on the Rental Agreement;
operate the Vehicle or allow it to be operated to tow or propel any other vehicle;
allow any person to smoke in the Vehicle;
transport any animal in the Vehicle except when they are in a cage; or
operate or allow the Vehicle to be used or involved with any illegal activity.
9. MECHANICAL REPAIRS
If there is a defect or mechanical breakdown and/or a warning light appears in the Vehicle, the driver must stop driving and;
Contact AA assistance (See also Clause 11); and
Contact the Operator.
Failing to do so will result in the Hirer waiving the Operator’s obligation to investigate the issues and the Hirer may be liable for any resulting damage.
The Hirer shall not arrange or undertake any repairs without the Operator’s prior authority except to salvage the Vehicle to prevent further damage to the Vehicle or to other property. If the Hirer has had to pay to salvage the Vehicle, the Hirer must inform the Operator as soon as practical but no later than 24 hours following the incident.
10. DAMAGES & ACCIDENTS
If there is an accident or incident resulting in new damage to the Vehicle, regardless of if the Hirer is at fault, the Hirer must:
notify the Operator as to the full circumstances of the incident immediately;
call the NZ police and request their attendance to the scene to determine liability; and
call an ambulance if there are injured persons.
Damage includes any and all damage to the Vehicle and/or third party property.
The Hirer shall not arrange or undertake any repairs without the Operator’s prior authority except to salvage the Vehicle to prevent further damage to the vehicle or to other property. If the Hirer has had to pay for the salvage of the Vehicle the Hirer must inform the Operator immediately and not later than 24 hours following the incident.
Your insurance excess on the Rental Agreement is applicable regardless of who is at fault and must be paid at the time the accident is reported, not at the completion of the rental. Your insurance excess will be refunded only if the Operator is successful in recovering the full cost of the damages from the third party.
Any damage and/or recovery of Vehicle which has been caused by operating the Vehicle on restricted roads under Clause 8 (i) is not covered under the insurance cover and the Hirer is fully liable for these costs.
If the Hirer fails to complete the relevant claim form prior to the rental termination, the Hirer shall be liable for a handling fee of up to $200 and can result in the hirer becoming fully liable for all costs.
If the Vehicle is rendered unfit to drive after an accident, the Operator is not obliged to make any refund for the unused hire period (including insurance coverage if applicable) and a replacement vehicle shall only be supplied at the Operator’s sole discretion. The Operator shall not be responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location. The Operator shall reserve the right to offer an increased Hirer’s liability and/or to decline to offer insurance coverage for the replacement vehicle.
The Hirer shall be obligated to accept a quotation for repairs as proof of quantum for the damages caused to the Operator’s Vehicle.
11. ROAD ASSISTANT SERVICE
Every Vehicle is registered with the Automobile Association (AA) for 24hr roadside assistance.
Mechanical Breakdowns that are covered by the Operator with relevant Road Services:
engine and transmission issues; and
Non-Mechanical Breakdowns that are covered by the Hirer for Road Services:
out of fuel;
flat battery; and
breakdown due to an accident.
The Operator’s rental vehicles are insured under a policy of motor vehicle insurance from a licensed insurance company in New Zealand.
The Hirer is advised that motor vehicle insurance must be offered by the Operator, however the Hirer can make his or her own insurance arrangements, provided these are approved by the Operator prior to consent to the Rental Agreement. If the Operator is not satisfied that the Hirer’s insurance is comparable with the Operator’s insurance cover, the Operator has the right to decline hiring of the Vehicle.
If the Hirer elects to use the Operator’s insurance, any authorised driver named in the Rental Agreement as a person permitted to drive the vehicle is subject to the Terms and Conditions of the Rental Agreement.
If the Hirer elects not to use the Operator’s insurance and use their own insurance the Hirer accepts all liability for all losses, costs and damage to the Vehicle set out in Clause 7 (a)(i)-(iii) as well as that of third parties involved in any accident or incident.
Where the Hirer accepts the insurance policy then the Hirer’s liability is covered by the Operator’s insurance set out in Clause 7 (a) (i)-(iii) up to a maximum of $10,000,000. This clause does not apply if the Hirer rejects the Operator’s insurance.
If the Hirer elects to take advantage of the Operator’s insurance, the excess payable by the Hirer is the basic insurance excess and is payable for each and every new damage involving the Vehicle unless the Hirer elects to purchase the Risk Compensation Plan (RCP).
The Hirer may purchase a RCP to reduce the basic insurance excess payable by the Hirer under the Operator’s insurance cover. If the Hirer elects to purchase a RCP, the Hirer will pay the RCP rate specified in the Rental Agreement.
During the hire period, the Risk Compensation Plan (RCP) can only be used once for damage occurring in the first incident (if more than one). Once the insurance coverage is used for the first incident, any further claims relating to the Vehicle will be covered under the basic insurance excess (No Compensation).
13. INSURANCE EXCLUSIONS
The Hirer acknowledges that the following circumstances are not covered by the Operator’s insurance detailed in Clause 12.
The driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the vehicle.
The Vehicle is in an unsafe or un-roadworthy condition, such condition arising during the course of the hire, and which 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.
The Vehicle is driven by any person not named under the Rental Agreement.
The Vehicle is operated by any person who at the time of driving the Vehicle is unlicensed or does not hold the appropriate licence for that vehicle.
The Vehicle is wilfully or recklessly damaged or lost due to wilful or reckless behaviour by the Hirer or any authorised person named under the Rental Agreement, or a person under the authority of the Hirer.
The Vehicle is operated on any of the following roads: Ball Hutt Road (Mt Cook), Skippers Road (Queenstown), Ninety Mile Beach (Northland), all roads north of Colville (Coromandel Peninsula), in addition to off-road condition, any unformed road including any beach, dirt track, river bed or an area which has potential to damage the Vehicle.
The authorised drivers or a person under the Hirer’s authority or control commits a driving offence while driving the Vehicle.
At any time when the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications.
The Vehicle, property or any other vehicle is damaged in circumstances which are illegal in New Zealand.
The Vehicle is damaged as a result of driving in water, including crossing creeks, rivers, flooded fords, salt water or on beaches.
The Vehicle is damaged resulting from the misuse of snow chains or ski/snowboard racks or bicycle racks or damaged by any items the Hirer carries inside or outside of the Vehicle.
Continuing to drive the Vehicle if a warning light appears causing further damage to the Vehicle.
Any costs to replace keys which have been lost or the retrieval of keys which have been locked inside the Vehicle.
The Vehicle is driven in any race, speed test, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of the aforementioned activities.
The Hirer’s personal belongings are not covered.
The incorrect filling of fluid or fuel tanks.
The grooming of the Vehicle’s interior if the Vehicle is returned in an excessively dirty condition which requires extra cleaning or deodorising.
Any loss or damage to any accessories on hire.
Any damage to the Vehicle caused by entering low laying buildings or objects or by standing on the roof.
Failure to advise of an accident or new damage and complete the relevant claim prior to the termination.
At any time when the Vehicle was operated beyond the term of the Rental Agreement or any unauthorised extension of the term, or at any other time or in any other circumstances notified by the Operator to the Hirer.
Any road service call out fees, salvage fee and recovery cost by accident or non-mechanical breakdown including tyre damage, flat battery, lost key and filling wrong fuel.
The Hirer fails to remain at the scene and comply with the requirements of an enforcement authority or the Operator.
The Hirer shall not take any action to accept or deny liability in the event of an incident causing damage to the Vehicle and shall not negotiate any payment or settlement with third parties involved in any accident.
Where the Vehicle is operated in violation of any of the Terms and Conditions.
14. RETURN OF VEHICLE & TERMINATION OF THE HIRE
If the Hirer decides to voluntarily return the Vehicle to the location specified, before the end of the rental period specified in the Rental Agreement, the Hirer will not be entitled to a refund.
The Hirer shall, before the end of the rental period, extend its rental period by notifying the Operator and obtaining the Operator’s consent of its extension (all extensions are subject to availability and are at the discretion of the Operator). In this case, the Hirer is deemed to agree to pay the additional costs specified by the Operator. If the Hirer fails to do so and uses the Vehicle beyond the rental period specified in the Rental Agreement as an unauthorized use, the Hirer shall be liable for a penalty charge up to $200 in addition to the current daily charges and/or late hour charges described as below.
$15 per hour for HC Class
$15 per hour for C-HR Class
$20 per hour for WB Class
$25 per hour for WD Class
A relocation fee up to $1,000 will be applied for dropping the Vehicle off at a different location other than one of our branches.
The Operator shall have the right to terminate the agreement and repossess the Vehicle if the Hirer fails to comply with any of these Terms and Conditions or if the Vehicle is involved in an accident and/or damaged.
In the event of such termination or repossession, the Operator is not obliged to make any refund for the unused hire period. The termination of the hire under this clause shall be without prejudice to the other rights of the Operator under this agreement or otherwise.
If the Hirer fails to pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the Hirer was required to pay the money, the Operator may, without prejudice to any other rights or remedies the Operator may have or be entitled to, charge the Hirer and the Hirer must pay all additional costs as below:
interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days from the date on which the Hirer was required to pay the money to the date of payment; and
all costs for the collection of any unpaid money by a debt collection agency or other external or legal agency will be at the Hirers cost.
15. INFRINGEMENT FEES
All penalties related to traffic and/or parking during the hire are the responsibility of the Hirer.
In the event that the Operator receives any unpaid toll notice or infringement fees for an offence, the Operator may charge an infringement fee to the Hirer’s credit card to cover the cost.
In the event the Operator receives a notice of any traffic or parking offence the Operator will undertake that;
The Operator will notify and send a copy of any such notice or reminder to the Hirer as soon as practical.
The Operator will provide the necessary information to the relevant authority for such notices to be directed to the Hirer.
The Operator will also charge an administration fee of $50 to the Hirer’s credit card to cover;
Debiting the Hirer’s credit card; and
Processing and sending to the Hirer a notice relating to the traffic or parking offence.
The Hirer has the right to challenge, lodge a complaint, query or object to the alleged offence by contacting the relevant issuing enforcement authority and has the 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).
A bond is only taken when to the Hirer elects to take the No Compensation option. The value of $3,000 will be authorised against your credit card on pick up.
The Hirer authorises the Operator to deduct from the bond any amounts arsing during or after the term of hire including, but not limited to, late return fee, infringements, any fees arising from breach of agreement, any loss of or damage to the Vehicle, any un-notified infringement and damage to the Vehicle or third party property.
The Operator reserves the right to retain all or part of the bond during and after the term of hire as the Operator determines to cover the cost of un-notified infringements, damage to the Vehicle or third party vehicle or property.
Subject to Clause 16 (b), the bond is fully refundable provided the Vehicle is returned on time to the correct location clean and tidy, un-damaged and with a full tank of fuel.
Regardless of who is at fault, the Hirer is liable for all loss and/or damage as specified in their rental agreement. The Hirer’s bond will be refunded only when the Operator has successfully recovered the full cost for loss and/or damage from the other party.
A bond shall be taken for each accident. Where the bond is used for a damage or accident event or a replacement vehicle being dispatched, the bond will revert back to the Basic Insurance Excess irrespective of the purchase of a RCP.
A debit card or Visa debit card cannot be accepted as bond or security.
17. GPS & ACCESSORIES
The Hirer is liable for all damage or loss, no matter who is at fault, of any GPS unit and/or other accessories (accessories include snow chain, child restraint and other accessories installed or contained in the Vehicle). The amount payable by the Hirer will be based on current service fees and/or replacement value at the time of damage or loss.
The Hirer agrees to follow all safety and usage guidelines provided by the manufacturer and the Operator. The Hirer shall be advised not to leave the GPS unit inside when the Vehicle is unattended.
18. CANCELLATION POLICY
The cancellation fee that applies to a confirmed reservation is based on a percentage of the total rental costs:
50% of the total rental if cancelled on the day of pick up;
30% of the total rental if cancelled 1-2 days prior to pick up date;
20% of the total rental if cancelled 3-6 days prior to pick up date; and
no charges of the total rental if cancelled 7+ days prior to pick up date.
The booking shall be deemed to be cancelled when the Hirer fails to pick up the Vehicle within 1 hour from booked commencement time of rental without any prior notice from the Hirer.
The information requested from the Hirer is to enable the Operator to assess the Hirer’s request to hire the Vehicle and completing the Rental Agreement. The Hirer acknowledges that the Operator will collect, hold and use the Hirer’s personal information for the purposes related to the hiring of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the Operator. The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies and/or the Hirer’s credit card provider in the event that the Hirer defaults on the payment of any monies owing to the Operator, or any organisations responsible for issuing, processing or handling traffic and/or parking related infringements, and the Hirer authorises the disclosure of his or her personal information for such purposes.
20. OTHER LANGUAGE VERSION OF TERMS AND CONDITIONS
In the event of any discrepancy of the Terms and Conditions between the English and other languages, the English version shall prevail.
*Information is subject to change without notice. Latest is at the time of printing this Terms and Conditions.