When taking possession of your rental vehicle, each hirer is presented with a rental agreement. In the interests of both parties involved, Buzzy Rental Cars uses the agreement provided by the industry organisation, the Rental Vehicle Association, which is outlined below (copyright RVANZ).
Hirer (“the Hirer”) details are recorded in the agreement ("the Agreement"). Please note that the Agreement is subject to change at any time without notice although we do not anticipate the spirit of the Agreement to change.
Vehicle description and term of hire
1. Buzzy Rental Cars (“the Operator”) will rent and the Hirer will take the motor vehicle (“the Vehicle”), for the term of hire as described in the agreement (“the Agreement” being the rental vehicle agreement document presented to the hirer at the commencement of the hire).
Persons who may drive the vehicle
2. The Vehicle may be driven during the term of hire only by the persons named or described in the Agreement and only if each person holds a current full driver’s licence appropriate for the class of vehicle in the Agreement. The licence details are recorded in the agreement alongside each person’s name and address.
Payments by hirer
3. The Hirer shall pay the Operator for the hire of the Vehicle the sum or sums specified in the Agreement.
4. In addition to the payment specified in clause 3, the Hirer acknowledges that s/he shall be liable at the end of the hire period to pay the Operator any applicable additional charges payable at the end of the term. These include charges for additional distance driven, fuel, RUC, late return, damage to or repair of the Vehicle (subject to the other terms of this agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clauses 20 to 23) and the administration costs relating to these fines and fees, and toll road charges. The Operator will deduct such charges from the Hirer’s credit card during or after the term of hire is competed, or the hirer may pay such charges as agreed with the Operator, such choice to be at the Operator’s sole discretion.
Use of the vehicle
5. The Hirer shall 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 (“the Act”);
- sublet or hire the Vehicle to any other person;
- allow the Vehicle to be used outside his/her authority;
- operate the Vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;
- operate the Vehicle or allow it to be operated to propel or tow any other vehicle other than a trailer approved in advance by the Operator;
- operate the Vehicle or allow it to be operated in any race, speed test, rally or contest;
- operate the Vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, the Land Transport (Road User) Rule 2004, any other Act, regulations, rules or bylaws relating to road traffic, or the Freedom Camping Act 2011;
- operate the Vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or RUC certificate, whichever is the lesser for the vehicle;
- drive or allow the Vehicle to be driven by any other person if at the time of driving the vehicle the driver does not hold a current driver’s license appropriate for the vehicle;
- drive or allow the Vehicle to be driven on any roads excluded in clause 19(g) of the Agreement, or on any beach, driveway, or surface likely damage the vehicle; or
- allow the Vehicle to be driven by any person who is not named or described in the Agreement as a person permitted to drive the Vehicle.
6. The Hirer shall ensure that:
- all reasonable care is taken when driving and parking the Vehicle;
- the water in the Vehicle’s radiator and battery are maintained at the proper level;
- the oil in the Vehicle is maintained at the proper level;
- the tyres are maintained at their proper pressure;
- the Vehicle is locked and secure at all times when it is not in use;
- the distance recorder or speedometer are not interfered with;
- no part of the engine, transmission, braking or suspension systems are interfered with;
- should a warning light be illuminated or the Hirer believes the Vehicle requires mechanical attention, s/he must stop driving and advise the Operator immediately.
7. The Operator shall supply the vehicle in a safe and road worthy condition, up to current Certificate of Fitness standards.
Mechanical repairs and accidents
8. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Operator of the full circumstances immediately.
9. The Hirer shall not arrange or undertake any repairs or salvage without the Operator’s authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property.
10. Should the Vehicle require reapir or replacement for mechanical reasons the Operator shall at his/her discretion endeavour to effect a repair or to replace the Vehicle. In the event that an accident renders the Vehicle unroadworthy, the Operator shall not be responsible for the cost of transporting the vehicle, the Hirer or any accompanying passengers away from the accident location or be responsible for any accommodation costs. The Operator will make no refund of unused hire period.
Return of vehicle
11. The Hirer shall, at or before the expiry of the term of hire, deliver the Vehicle to the Operator or to the Operator’s agent’s place of business as shown on the front of the agreement, or obtain the Operator’s consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the Hirer does not comply with this clause 11, the Hirer shall be liable for charges for the late return of the vehicle.
12. The Hirer is liable for:
- any loss of, or damage to, the Vehicle and its accessories;
- any consequential damage, loss or costs incurred by the Operator, including salvage costs, loss of ability to re-hire and loss of revenue; and
- any loss of, or damage to, vehicles and property of third parties, arising during the term of hire. The Hirer’s liability is covered by the Operator’s insurance in clause 14 up to the market value in respect of clauses 12 (a) and (b), and $10,000,000 in respect of clause 12(c).
13. The Operator's rental fleet is insured under a policy by a motor vehicle insurer ("the Policy") licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010. Under the Policy every person named in this Agreement as a person permitted to drive the Vehicle, subject to Clauses 15 and 18, are covered against losses set out in Clause 12.
The Operator is not providing insurance services to the Hirer. The Operator manages the insurance provided under the Policy. The Operator reserves the right to determine whether or not to claim under the Policy. In the event of damage to the Vehicle, the Hirer agrees to immediately contact, and solely deal with, the Operator.
14. The Hirer can make his/her own insurance arrangements, provided that the Operator is satisfied that the Hirer's insurance is comparable to the cover under the Policy.
15. If the Hirer elects to make his/her own insurance arrangements in accordance with Clause 14 the Hirer must pay a contribution equal to or more than the Operator's Total Excess under the Operators Policy ( the Excess Contribution).
16. If the hirer elects to use the Operator’s insurance, any driver named in the Agreement as a person permitted to drive the Vehicle is, subject to clause 17 and the excess payable by the Hirer as set out in clause 16, covered against the losses set out in clause 12.
17. The Excess payable by the Hirer is $2,000 plus GST in each and every case of damage to, or accidents involving, the Vehicle. An additional premium for liability reduction may be offered at the discretion of the Operator. A second amount may be offered to further cover damage to the Vehicle windscreen, at the discretion of the Operator.
18. The Operator may require the Hirer agree to pay a bond at the start of the hire. If loss occurs under clause 12, it may be deducted to the value of the loss or used to contribute to the Excess Contribution or Total Excess, whichever applies. The bond will otherwise be refunded in full following the safe return of the Vehicle, in the same condition that it was hired in, and after allowinng a reasonable time for traffic offence notices to come to the attention of the Operator.
19. The Hirer acknowledges that the cover referred to in clause 14 will not apply at any time when:
- the driver of the Vehicle is under the influence of any intoxicating drug, alcohol or drug;
- the Vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that 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 in any race, speed test, rally or contest;
- the Vehicle is driven by anyone not named or described in the Agreement as a person permitted to drive the Vehicle;
- the Vehicle is driven by an unlicensed person;
- the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer’s authority or control;
- the Vehicle was being driven on any of these roads: Skippers Road (Central Otago), Ball Hut Road (Mt Cook), any road north of Colville (Coromandel Peninsula), any beach including Ninety Mile Beach (Northland) and any unformed road or off-road.
- the Vehicle is being driven outside the Policy's description of use or agreed extension of the term;
- the Hirer has elected to use their own insurance in accordance with clauses 14.
20. The Hirer is liable for an offence committed during the period of hire where the offence:
- was a speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment; or
- an offence for parking in any portion of a road in breach of any bylaw or a road controlling authority or an offence against Part 6 of the Land Transport (Road User) Rule 2004; or
- was an offence under section 20(1) of the Freedom Camping Act 2011 involving the use of the Vehicle.
21. The Hirer agrees to pay any infringement fee and costs that may become payable because of an infringement notice served on the Operator for any of the offences set out in clause 20(a) to (c), and authorises the Operator to debit the Hirer’s credit card with such infringement fee and costs, including a minimum administration charge of $20 per infringement notice received or, in lieu of a credit card, to deduct such amounts from the bond held.
22. If the Operator receives an infringement notice for a particular offence, or only receives a reminder notice for a particular offence, the Operator will send the hirer a copy of the notice and the rental service agreement within 5 working days, and:
- In the case of the Operator receiving an infringement notice, notify the hirer that the Operator will debit the hirer’s credit card for the amount specified on the notice and any fees or costs payable under this Agreement upon receipt of a reminder notice or, in lieu of a credit card, to deduct such amounts from the bond held.
- In the case of the operator receiving a reminder notice only, notify the Hirer that the Operator will debit the Hirer’s credit card for the amount specified ton the notice and any fees or costs payable under the Agreement or, in lieu of a credit card, to deduct such amounts from the bond held.
23. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and 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).
Cancellation of Hire Agreement
24. The Operator shall have the right to terminate the hire and take immediate possession of the Vehicle should the Hirer fail to comply with any of the terms of the Agreement, or if the vehicle is damaged, breaks down, requires repair or appears abandoned. Automatic termination shall occur should the Vehicle not be returned by the due time and date without prior notice and authority, or should it become evident that the Vehicle has been hired by misrepresentation, fraudulently or for illegal purposes. The termination of the hire under this clause shall be without prejudice to the other rights of the Operator or the rights of the Hirer under the Agreement or otherwise. The Hirer will be liable for damage found during the termination or subsequent inspection of the Vehicle.
25. In the event of termination of the Agreement for any reason, the Hirer agrees to immediately return the Vehicle to the return point arranged on the Agreement, and agrees that he or she may not be entitled to any refund for unused services.
Page Last Updated 08 April, 2015