Terms & Conditions of Hire
This agreement is between Venture RV Limited and the Hirer/s listed above. You agree to the following Terms and Conditions:
1. Only the people listed on page 1 of this agreement will drive the vehicle.
2. Everyone driving the vehicle must have a valid full NZ or overseas driving licence that is required for the class of vehicle.
All drivers must be 25 years of age or older and hold a full driver’s licence.
If the foreign drivers’ licence is not in English an International Driving Permit must be carried with the foreign Drivers Licence.
3. Terms and conditions as well as rates quoted are subject to change without notice.
However, rates or conditions for a particular booking shall not be altered once that booking has been confirmed.
4. If you believe you have been incorrectly charged or you have any other complaint about your experience, you must inform us in writing within 20 working days.
5. We will aim to resolve all complaints amicably and in good faith and try to settle all disputes within 7 days.
If the complaint cannot be resolved within 7 days, you will be advised of the likely timeframe to resolve and we will aim to give you weekly updates.
6. If you are unhappy with the outcome, you have the right to engage external dispute resolution options.
7. You will pay the amount specified on page 1 of this agreement to the operator. A deposit of 30% is required at the time of booking and the remaining balance 42 days before the hire commences. We will send you a reminder when your final payment is due.
8. You may also be liable for any relevant additional charges for:
a) additional distance driven
c) Road User Charges
d) Returning the vehicle later than the agreed time.
e) damage to or repair of the vehicle, and enforcement charges relating to this
f) Traffic fines, infringement fees and any administration cost we have to pay in relation to this; or
g) Toll charges
9. At the start of the hire you must give us your credit card details. We may put a hold on your credit card up to the total value of the hire. If any loss occurs, we will charge the loss based on the actual costs to your credit card.
How to use the Vehicle
10. You must never:
a) Use or let anyone else use the vehicle to transport passengers for hire or reward unless you let us know in writing, and you are appropriately licensed under Part 4A of the Land Transport Act 1998 (“the Act”);
b) Sublet or hire the vehicle to anyone else;
c) Allow the vehicle to be used outside of our authority;
d) Drive or let anyone else drive the vehicle in breach of sections 56, 57, 57AA, 57A or 58 of the Act;
e) Drive or let anyone else drive the vehicle in any race, speed test, rally or contest;
f) Use the vehicle or let anyone else use the vehicle in breach of the Act, the Land Transport (Road User) Rule 2004, the Freedom Camping Act 2011, or any other Act, regulation, rule or bylaw about road traffic;
g) Use the vehicle or let anyone else use the vehicle to transport more passengers or goods than set in the certificate of loading and/or RUC certificate (whichever seats less); or
h) Drive the vehicle or let anyone else drive the vehicle on any roads listed in clause 30(f) of this agreement, or on any beach, driveway, or surface likely to damage the vehicle.
i) No pets are allowed in Vehicles, excepting registered guide dogs. Smoking is prohibited inside the Vehicle; any evidence of smoking will incur an additional cleaning charge of up to $500.
11. It is your responsibility to ensure that:
a) You take reasonable care when driving and parking the vehicle;
b) You maintain the water in the vehicle’s radiator and battery at the proper level;
c) You maintain the oil in the vehicle at the proper level;
d) You maintain the tyres at the proper pressure;
e) The vehicle is secure and locked whenever it is not being used;
f) Nobody interferes with the distance recorder or speedometer;
g) Nobody interferes with any part of the engine, transmission, braking or suspension systems;
h) If a warning light appears, or you believe the vehicle needs mechanical attention you stop driving and contact us at once; and
i) You keep a copy of this agreement in the vehicle during the hire.
j) The Vehicle keys are kept secure. The cost of replacement keys (approximately $1,500) and related services such as courier charges are at the Hirer’s expense.
Regardless of who is at fault, if the vehicle is involved in an accident, is damaged, breaks down, or needs repair or salvage, you must notify us at once.
You must not arrange or carry out any repairs or salvage without our approval unless this is necessary to prevent further damage to the vehicle or other property.
13. Returning the Vehicle
You must return the vehicle before or at the end of the hire period to the address set out on page 1 of this agreement. Failure to return the vehicle on time will incur a late fee of $200.00 per day in addition to the daily hire rate, for each day, until the vehicle is returned. The vehicle shall be returned by the hirer with a full tank of diesel, full LPG bottles, empty waste tanks, all vehicle equipment present and in a clean and tidy condition. Failure to do so will result in a cleaning fee of up to NZ $200.
14. We will make sure the vehicle is in a safe and road worthy condition and displays a valid and current Certificate of Fitness.
15. If the vehicle needs repair or replacement, we will discuss your options with you to minimise your inconvenience.
16. Vehicles have 24-hour Automobile Association (AA) Roadside Assistance, conditions of which are located in extra information in this agreement.
We will make every endeavour to exchange the Vehicle, this being subject to availability and location of the Hirer.
Our liability is limited to the refund of full days of use lost due to a mechanical breakdown. No responsibility will be accepted for accommodation, meals or out of pocket expenses.
The following are not covered by the AA and the costs associated will be the responsibility of the Hirer:
a) the vehicle running out of fuel or breakdown caused by being incorrectly fuelled.
b) the vehicle is unable to be accessed due to a lock out or the Vehicle keys being lost.
c) flat batteries caused by incorrect usage of batteries and/or incorrect usage of any equipment that requires the batteries to operate.
d) flat or damaged tyres.
e) the Vehicle is unattended at the time the AA Service Provider arrives at the breakdown location.
f) the vehicle is not on a public or formed road or is trapped or bogged. All non-mechanical call-outs to the AA will incur a call-out charge that will be advised by the AA.
Cancelling this agreement
17. You may cancel this agreement:
a) 60 days before the hire starts without having to pay any penalty or owning any obligations (credit card fees may apply); cancellation between 59 and 21 days prior to pick up, loss of deposit; less than 20 days or on the day of pick up 100% of the total hire cost.
b) During the hire so long as 24 hours’ notice is given. In this case, you must still pay the normal fee applicable for the hire. If you have already paid the full amount, we may at our discretion refund you for the outstanding days; or
c) If the vehicle you booked is unavailable, we will upgrade you to the next best option. If no upgrade is available, we will still give you a vehicle and refund you the difference in value or give you the option to cancel. If no vehicle is available at all, we will try to find a replacement vehicle from another rental vehicle operator.
18. Dangerous Driving
If we reasonably believe that your driving will likely cause danger to yourself or anyone else, we may;
a) Cancel this agreement at once by giving you either verbal or written notice and
b) Elect to discuss circumstances of your cancellation with other rental companies to promote safe driving in New Zealand.
If we cancel the agreement because of this, you must return the vehicle to the address set out on page 1 of this agreement as soon as possible.
19. We may cancel this agreement if you breach any of the obligations or conditions outlined in this agreement.
If so, no refund will be given, and the Vehicle is to be returned immediately. We may cancel this hire agreement and take immediate possession if:
a) The vehicle was obtained through fraud or misrepresentation
b) Vehicle appears to be abandoned
c) Safety of passengers or the condition of the Vehicle is thought to be compromised
d) The vehicle is not (or we reasonably believe it will not be) returned at or before the expiry of the term of hire.
20. We will collect, hold and use your personal information for purposes related to the hire of the vehicle. We may disclose such personal information to third parties legitimately seeking to recover debts incurred as a result of your use of the vehicle.
21. You retain rights of access to, and correction of, your personal information.
22. You are liable for any;
a) loss or damage to the vehicle and its accessories (excluding fair wear and tear).
b) additional costs, damage or costs we have to pay, including salvage costs; and
c) loss or damage to vehicle and property of third parties arising during the hire, that is caused by you or anyone driving the vehicle.
23. Our fleet is insured under a policy of motor vehicle insurance (“Policy”) from a person or company licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010.
24. Please note that we are not providing insurance services to you. We are only managing the insurance provided under the Policy. We reserve the right to decide whether to claim under the Policy. If the vehicle is damaged, you must contact us at once and only deal with us.
25. Who is covered
Everyone named on page 1 of this agreement who is over 25 years of age is covered against an accidental loss as set out in clause 22.
26. What the insurer will pay
You are insured under the Policy up to the value of $135,700 for clause 22 (a) and (b), and $20,000,000 for clause 22 (c).
27. You can make your own insurance arrangements if we are satisfied that the other insurance is comparable to the cover under the Policy. You will not be covered under our Policy if you make your own arrangement.
28. Your excess
If you do not choose to make your own insurance arrangements, you must pay an excess contribution. This is the amount you must contribute towards the cost of repair or replacement of the vehicle.
For single or multiple vehicle damage/loss you must pay $2,500.
29. Excess Reduction
If you choose to pay an excess reduction fee, then you do not have to pay the full excess contribution in clause 28.
For single or multiple vehicle damage/loss the excess is reduced to $500 for a fee of $59 per day.
For single or multiple vehicle damage/loss the excess is reduced to $1,500 for a fee of $45 per day.
NB: Insurance damage excess is payable per incident not per hire. Venture RV Ltd charge for repairs only and do not deduct the total excess if the repair cost is lower. If the motorhome is returned damaged and the repair cost is below the excess option value selected then a charge from your credit card once a quote has been obtained.
30. Regardless of whether you have paid the excess reduction fee, you will not be covered for any loss referred to in clause 22 if:
a) you or anyone driving the vehicle is under the influence of any intoxicating substance, drug or alcohol;
b) the vehicle is used in an unsafe or damaged condition, and the person driving the vehicle was or should have been aware of this;
c) you or anyone else drives the vehicle in any race, speed test, rally, hill climbing or contest;
d) anyone drives the vehicle who is not named on page 1 of this agreement, or does not have a valid and full drivers licence;
e) you or anyone else driving the vehicle causes any loss or damage by committing any intentional or reckless act or
omission, including a reckless or intentional serious traffic offence;
f) you or anyone else drives the vehicle on any of the following road or locations: Skippers Canyon Road, Ninety Mile Beach, Ball Hut Road and Ski Access Roads.
g) The following items are not covered: Loss of baggage, theft of possession’s or personal Items, cancellation, theft or loss or damage of hire extras (bike are covered under our policy), changes of holiday plans prior to or during your rental, hire days lost because of travel delays, death benefit excluded.
31. The insurance cover will only be invalidated if the loss was caused or contributed to by any of the circumstances listed in clause 30.
32. You will be liable for the following infringement offences committed during the hire:
a) a speeding offence
b) a toll offence; or
c) an offence for not keeping to a traffic signal direction, detected by vehicle surveillance equipment
d) an offence for parking on a road that breaches any bylaw or road controlling authority
e) an offence against Part 6 of the Land Transport (Road User) Rule 2004
f) an offence under section 20 (1) of the Freedom Camping Act 2001
33. If you commit an infringement offence you must pay any infringement fee and costs due.
34. We may elect to transfer liability for any infringement offence from us as the registered owner of the vehicle to you as the driver. If so, we will pass on your name, address, date of birth, and driver licence number to the relevant infringement authority, and charge an administration fee of $20.00 per infringement notice to cover the cost of transferring liability.
35. If we receive an infringement notice or reminder notice for an infringement offence committed during the hire, we will send you a copy of the notice and this agreement within 5 working days.
36. After receiving an infringement notice, we will let you know that your credit card may be charged and the set infringement fee, and an administration cost of $25.00 for not paying the fee yourself once we receive the reminder notice.
37. If we only receive the reminder notice, we will let you know that your credit card may be charged the set infringement fee and administration cost because you have not paid before we charge you.
38. You are entitled to:
a) challenge or complain about the alleged offence to the enforcement authority that sent the infringement notice, and
b) seek a court hearing, either within 56 days from the date the infringement notice was given, or 28 days from the date the reminder notice was given.
Hire of Bikes
39. Responsibilities and Liabilities of the Hirer to the Operator. Before the hire has started it is the responsibility of the Hirer to ensure that:
a) The bike/s is/are in proper working order. Including (but not limited to) brakes, wheels, pedals and helmet. Any issues with the bike/s must be reported to the Operator prior to the commencement of hire.
b) There is no existing damage to the bike/s such as missing parts and accessories, buckled wheels and scratches, If there are, then these must be reported to the Operator prior to the hire commencement.
40. Once the hire has commenced the Hirer has full responsibility for the bike/s. The Hirer is responsible for the repair or replacement cost for damage to, or loss of, the bike/s and its accessories.
41. The Hirer undertakes to defend, indemnify and hold harmless the Operator from all losses, liabilities, damages, injuries, claims, demands, costs and expenses (“Loss”) incurred by the Operator arising out of the hire of the bike/s except where such is caused by the Operator negligence or default or the (“loss”) is covered by the bike insurance.
42. Our bikes are insured under a policy of insurance (“Policy”) from a person or company licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010.
Please note that we are not providing insurance services to you. We are only managing the insurance provided under the Policy. We reserve the right to decide whether to claim under the Policy. If the vehicle is damaged, you must contact us at once and only deal with us.
43. a) Who is covered
Everyone named on page 1 of this agreement is covered against an accidental loss as set out in clause 40.
b) The insurer will pay
You are insured under the Policy up to the replacement value of the bike being hired.
c) Your excess
You must pay an excess contribution of $500 per incident. This is the amount you must contribute towards the cost of repair or replacement of the bike.
NB: Insurance damage excess is payable per incident not per hire. Venture RV Ltd charge for repairs only and do not deduct the total excess if the repair cost is lower. If the bike is returned damaged and the repair cost is below the excess option value selected then a charge will be deducted from your credit card once a quote of the repair cost has been obtained.
44. Without limiting the generality of clauses 40 & 41 the Hirer undertakes to pay to the Operator on demand;
a) Any repair or replacement costs applicable under clause 40 that is not covered under the bike insurance.
b) Any loss under clause 41. All fines and court costs including administrative fees for parking, bus lane, traffic or other legal violations assessed against the bike/s, the hirer or the operator during the hire.
c) The Operator’s costs, including reasonable legal fees, incurred collecting payments due from the Hirer under this agreement.
The Operator’s Liability to the Hirer
45. Except as expressed in this clause, there are no other warranties, conditions or indemnities relating to the hire of the bike/s given by the Operator to the Hirer. All conditions and warranties whether expressed or implied by law, trade, custom or otherwise are hereby expressly excluded except for those conditions and warranties implied by law which cannot be excluded or modified. In this regard, nothing in clause 43 is intended to limit the application of the Consumer Guarantees Act 1993 except where clause 47 applies.
46. The Operator shall not be liable for any loss of profits or consequential, indirect or special loss, damage or injury of any kind suffered by the Hirer.
47. Where the Hirer hires the bike/s for business purposes, the Operator and the Hirer agree the Consumer Guarantees Act 1993 shall not apply.
48. The hirer is responsible to ensure that the bikes are always locked and fully secure when not in use and the battery packs are removed when being stored at night.