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⚠️ Highly recommend to visit our terms and conditions and our fees schedule prior to booking confirmation before quote booking request.

Terms and Conditions

Please review our master rental agreement framework. Click on any heading group below to expand the full legal provisions. All amounts are denominated in New Zealand Dollars (NZD).

Definitions

In this agreement, unless the context requires otherwise:

  • Act: means the Land Transport Act 1998.
  • Bond: means the security deposit or credit card pre-authorisation described in clause 6.
  • Excess: means the amount the Hirer is liable for, per incident, as set out in the Particulars of Hire, before the Owner's insurance responds.
  • Fleet: means the vehicles owned or operated by the Owner from time to time and made available for hire, as recorded in the Owner's internal vehicle register.
  • GST: means goods and services tax under the Goods and Services Tax Act 1985.
  • Hire Period: means the period set out in the Particulars of Hire during which the Hirer is entitled to possession of the Rental Vehicle.
  • Hirer: means the person or entity named as hirer in the Particulars of Hire, and includes any additional authorised driver named in it.
  • Owner: means HIREMINIBUS Limited.
  • Particulars of Hire: means the booking form/schedule completed for each hire, identifying the Rental Vehicle, Hire Period, charges, Excess, Bond and any authorised drivers.
  • Rental Vehicle: means the specific vehicle from the Fleet identified in the Particulars of Hire.
  • Overhead Damage: means any damage (excluding natural hail damage) caused to the Rental Vehicle above the top of the front and rear windscreens, including damage to the roof, roof racks, upper body panels, or any third-party property, caused by the vehicle coming into contact with overhanging structures, low-clearance bridges, awnings, trees, or carpark barriers, or resulting from objects being placed on the roof.
Parties

1. This agreement sets out the terms and conditions for renting a vehicle whereby HIREMINIBUS Limited (NZBN - 9429053921499) is the owner of the vehicle (the Owner) and the Hirer as described in the attached Particulars of Hire (the Hirer) is hiring the vehicle from the Owner, the description of such vehicle being set out in the Particulars of Hire (the Rental Vehicle).

The Owner may operate more than one Rental Vehicle as part of its Fleet. References in this agreement to "the Rental Vehicle" mean whichever vehicle is identified in the Particulars of Hire for that hire.

The Rental Vehicle

2. The Owner will allow the Hirer to take possession of the Rental Vehicle for the period as set out in the Particulars of Hire (Hire Period) and for the maximum travel distance (if any) as set out in the Particulars of Hire.

Term of Hire

3. The Hirer shall on or before the expiry of the Hire Period, return the Rental Vehicle to the Owner. If the Hirer fails to return the Rental Vehicle at the required time, the Hirer shall be liable for extra charges for the late return of the Rental Vehicle as set out in the Particulars of Hire. Where no rate is specified, the Owner may charge up to one additional day's hire for every 4 hours (or part of 4 hours) the Rental Vehicle is overdue.

Driver Eligibility and Licensing

4. The Hirer, and any additional authorised driver named in the Particulars of Hire, must:

  • (a) be at least 21 years old – the Owner will not hire the Rental Vehicle to, or permit driving by, any person under the age of 21 under any circumstances;
  • (b) Drivers aged 21 to 24 years inclusive are subject to an additional excess per incident, as set out in Fees Schedule. This additional excess is mandatory and cannot be waived;
  • (c) Drivers aged 25 years or over who have held New Zealand driver's licence for less than 12 months are subject to an additional excess per incident, as set out in Fees Schedule;
  • (d) hold a full, current and valid New Zealand driver's licence, or an international or overseas driver's licence with an accompanying English translation (issued by an NZTA-approved translator or a current International Driving Permit), of a class appropriate to the Rental Vehicle. Restricted, learner, probationary, or provisional licences (including foreign equivalents such as Australian P-Plates) are strictly not accepted;
  • (e) if driving on an overseas driver's licence, have arrived in New Zealand less than 12 months prior to the commencement of the Hire Period, in accordance with New Zealand transport regulations;
  • (f) where the Rental Vehicle seats more than the number of persons that may lawfully be carried on a standard Class 1 car licence, hold whichever higher class of licence NZTA requires for that vehicle's seating capacity and gross vehicle mass — the required class will be stated in the Particulars of Hire for that vehicle; and
  • (g) not use the Rental Vehicle to carry passengers for hire or reward under a passenger service licensed or regulated under the Land Transport Act 1998 and applicable Land Transport Operator Licensing Rules.
  • The Owner may decline to hire the Rental Vehicle to, or refuse to permit driving by, any person who does not satisfy this clause, and may verify licence details with the New Zealand Transport Agency.

Payments by Hirer

5. Prior to taking possession of the Rental Vehicle, the Hirer shall pay the Owner the hire charge as specified in the Particulars of Hire plus goods and services tax (GST).

Bond / Security Deposit

6. Before releasing the Rental Vehicle, the Owner may require the Hirer to provide a Bond, by way of a credit card pre-authorisation, in the amount set out in the Particular of Hire. The Owner may apply the Bond towards any amount owing by the Hirer under this agreement, including the Excess, additional charges under clause 7, and any damage not covered by insurance. Any unused balance will be released or refunded within a reasonable time (normally within 10 working days) of the Rental Vehicle being returned in accordance with this agreement, noting that some banks may take longer to release a pre-authorisation hold.

Additional Charges

7. The Hirer shall be liable at the end of the Hire Period to pay the Owner additional charges payable in accordance with these terms and conditions. These charges include, but are not limited to, the items listed below:

  • (a) late return of the Rental Vehicle, as set out in clause 3;
  • (b) petrol or other fuel used - the Hirer shall pay the cost of petrol or other fuel used in the Rental Vehicle during the Hire Period and return the Rental Vehicle to the Owner with a full fuel tank of the correct fuel type. If the Hirer does not fill the Rental Vehicle with the correct fuel before returning it to the Owner, the Owner shall be entitled to refuel the Rental Vehicle and charge the Hirer for all costs incurred in such refuelling plus the refuelling service fee specified in the Fees Schedule;
  • (c) additional distance driven - should the Hirer exceed the maximum travel distance specified in the Particulars of Hire, the Hirer shall pay a distance charge at the rate described in the Particulars of Hire plus GST payable by the Hirer on the return of the Rental Vehicle to the Owner;
  • (d) road toll charges - the Hirer shall pay all road tolls and infringement fees charged for the Rental Vehicle while the Rental Vehicle is in the Hirer's possession, plus an administration fee as set out in the Fees Schedule per toll or infringement notice processed by the Owner;
  • (e) lost key replacement costs - the Hirer shall be liable for the actual cost of replacing any key not returned to the Owner for the Rental Vehicle (including the cost of any courier or delivery charges incurred as a result of having to replace any Rental Vehicle key). Standard lockout service for keys accidentally locked inside the vehicle cabin is included at no extra charge on public roads, subject to clause 17;
  • (f) cleaning and/or deodorising the Rental Vehicle, as set out in clause 30;
  • (g) a surcharge for drivers under the age of 25 years - Drivers aged 21 to 24 years inclusive, or drivers holding a New Zealand driver's licence for less than 12 months, are subject to an additional excess per incident as detailed in the Fees Schedule. This additional insurance risk liability is mandatory and cannot be reduced by excess waiver products;
  • (h) credit card transaction fee surcharges and standard bank processing fees (if applicable);
  • (i) interest on unpaid amounts if in default, as set out in clause 37;
  • (j) enforcement and collection costs if in default;
  • (k) charges relating to damage to or repair of the Rental Vehicle and any enforcement charges relating to such damage or repairs (including legal costs);
  • (l) traffic and/or parking offence infringement fees;
  • (m) any relocation cost if the Rental Vehicle is left at, or returned to, a location other than the location specified in the Particulars of Hire plus the administration fee set out in the Fees Schedule;
  • (n) a damage administration fee for processing any damage claim as set out in the Fees Schedule, in addition to the Excess (this fee may be refunded if it is proven that the Hirer was not at fault);
  • (o) tyre damage – tyres are not covered by the Owner's insurance regardless of cause, and the Hirer is fully liable for tyre replacement or repair cost;
  • (p) Any costs relating to the retrieval, storage, or couriering of personal property left in the vehicle after the Rental Vehicle is returned. The Owner shall not be responsible for the state, security, or condition of any property found in or on the vehicle following its return;
  • (q) wheel damage not caused by a collision or other insured event under the Owner's insurance;
  • (r) underbody and undercarriage damage resulting from off-road use, driving on beaches, fords, riverbeds, or unsealed unformed roads – the Hirer is fully liable for all such damage;
  • (s) windscreen damage – Single-incident accidental damage restricted solely to windscreens, window glass, or headlights glass is covered with no excess payable by the Hirer. However, if the glass damage occurs alongside or results in any other multi-panel bodywork damage, denting, or paint scratches from the same event, the standard minimum policy Excess applies in full;
  • (t) Roadside Assistance & Call-out Charges - Standard 24/7 roadside assistance callouts for flat batteries (jump-starts), flat tyre swaps with the vehicle's spare tyre, emergency fuel delivery dispatch, and key lockout support inside the cabin on maintained public roads are fully included at no extra charge to the Hirer. However, call-out charges or heavy retrieval costs arising from an unapproved off-road extraction, gross driver negligence, or severe vehicle misuse are fully payable by the Hirer in accordance with the boundaries set out in clause 17; and
  • (u) Other unlisted charges may apply based strictly on the actual, reasonable third-party costs or losses incurred by the Owner (including specialized heavy salvage, overhead clearance impacts, or physical property damage).
Credit Card Deductions & Total Loss Recovery

8. The Owner is entitled to deduct all charges due and payable under these terms and conditions from the Hirer's credit card, or from the Bond under clause 6, during or after the Hire Period is completed. The Hirer expressly authorises the Owner to deduct all contractual charges determined by the Owner (acting reasonably and providing supporting evidence, repair assessments, or third-party itemised invoices upon request) to be payable under these terms and conditions from the Hirer's credit card.

Where insurance cover is completely voided due to a major breach of this agreement (including but not limited to permitting a driver under 21 years of age to operate the vehicle), this explicit charging authority extends to the deduction of the full, actual cost of total vehicle replacement (up to the vehicle's market value or policy limit), heavy salvage and extraction costs, loss of re-hire revenue, and third-party property damage invoices. This authority remains valid for the recovery of all outstanding liabilities and will terminate automatically once all outstanding financial obligations under this agreement are fully resolved and settled.

Disputed Charges

9. In the event that the Hirer disputes any charge processed to their credit card or deducted from the Bond, the Hirer agrees to contact the Owner in writing promptly to discuss and attempt to resolve the issue directly before escalating the dispute to their financial institution or card issuer. The Owner agrees to act reasonably and provide itemised details, evidence, or third-party receipts supporting the charge within a reasonable timeframe upon request. Nothing in this clause limits, restricts, or excludes any statutory consumer rights or remedies available to the Hirer under the Fair Trading Act 1986, the Consumer Guarantees Act 1993, or applicable New Zealand law.

Single Incident Excess Cap

10. Where damage or loss covered by more than one description under clause 7 or clause 27 arises from a single incident, the Hirer is liable for one Excess only in respect of that incident, unless separate, unrelated incidents have occurred. Where an additional age-based excess applies under clause 4, that additional excess is payable in addition to the single standard Excess.

Use of the Vehicle

11. The Hirer shall not:

  • (a) use or allow the Rental Vehicle to be used for transport of passengers for hire or reward unless the Rental Vehicle is hired for this purpose with the Owner's knowledge and prior written consent from the Owner is obtained for use in a passenger service licensed or regulated under the Land Transport Act 1998 and applicable Land Transport Operator Licensing Rules;
  • (b) sublet or hire the Rental Vehicle to any other person;
  • (c) operate the Vehicle, or allow it to be operated, in circumstances that constitute an offence under the Act;
  • (d) operate the Rental Vehicle or allow it to be operated in a race, speed test, rally or contest;
  • (e) operate the Rental Vehicle or allow it to be operated in breach of the Land Transport Act 1998, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;
  • (f) use the Rental Vehicle, or permit it to be used, for any commercial or business purpose whatsoever. This includes, but is not limited to, operating a rideshare service (including Uber, Ola or similar platforms), courier or delivery service, trades or commuting between commercial worksites, or any other activity for which the Hirer or any other person receives payment or reward, or uses the vehicle to further a commercial enterprise;
  • (g) operate the Rental Vehicle or allow it to be operated for transport of more than the number of passengers that is specified in the Particulars of Hire allowed for such a vehicle, or that exceeds the number of seatbelts fitted to the Rental Vehicle;
  • (h) drive or allow the Rental Vehicle to be driven by any person that does not hold a full current and valid driver's licence appropriate for the vehicle, in accordance with clause 4;
  • (i) drive or allow the Rental Vehicle to be driven off-road, on a beach, ford, riverbed, or on any unsealed, unformed or gravel road not maintained as a public road. "Off-road" includes, but is not limited to, any beach, dirt track or an area likely to damage the vehicle;
  • (j) operate the Rental Vehicle or allow it to be operated to move or tow any other vehicle, unless the Rental Vehicle is fitted with a tow bar and towing is expressly agreed with the Owner in writing;
  • (k) transport any animal in the Rental Vehicle without the prior written consent of the Owner;
  • (l) operate or allow the Rental Vehicle to be used for any illegal activity;
  • (m) allow any person to smoke any substance (electronic or otherwise) in the Rental Vehicle;
  • (n) load the Rental Vehicle beyond its manufacturer's gross vehicle mass, gross combination mass, or axle weight ratings, or carry any load that is not properly secured;
  • (o) interfere with, disable, or attempt to remove any GPS or telematics device fitted to the Rental Vehicle;
  • (p) operate the Rental Vehicle to move, tow, or propel any other vehicle, trailer, cart, caravan, or additional carriage, unless such equipment is expressly hired from the Owner as part of the Particulars of Hire, or the Owner has provided explicit prior written consent.
GPS Tracking and Telematics

12. The Hirer acknowledges and consents to the Owner fitting and using GPS tracking or other telematics devices in the Rental Vehicle during the Hire Period, and to the Owner collecting, using, storing and (where necessary for the purposes of this agreement, an accident claim, or recovering the Rental Vehicle) disclosing location, speed, distance and usage data collected through such a device, in accordance with the Owner's privacy obligations under clause 39.

Owner's Obligations

13. The Owner will supply the Rental Vehicle in a safe and roadworthy condition including an up to date certificate of fitness or other certification, where the class of Rental Vehicle requires it.

Hirer's Obligations

14. The Rental Vehicle can only be driven by:

  • (a) the Hirer; and
  • (b) any additional authorised persons specified in the Particulars of Hire (if any); and in both cases, such persons must hold full current and valid driver's licence appropriate for the Rental Vehicle, in accordance with clause 4.

15. The Hirer shall ensure the following:

  • (a) reasonable care is taken while driving and parking the Rental Vehicle;
  • (b) the Rental Vehicle is securely locked at all times if it is not being used;
  • (c) water in the radiator and battery and the oil and coolant in the Rental Vehicle are maintained to a proper level;
  • (d) no person interferes with the distance recorder or speedometer or any part of the engine or any other mechanical part of the Rental Vehicle; and
  • (e) the tyres are maintained at the proper pressure.

16. If any warning light in the Rental Vehicle is activated or the Rental Vehicle is damaged in any way, the Hirer must stop driving as soon as it is safe enough to stop and immediately notify the Owner.

Breakdown and Roadside Assistance

17. Roadside Breakdown Assistance is provided for the Rental Vehicle during the Hire Period via the Owner’s commercial fleet roadside rescue program (subject to the vehicle meeting the provider's standard size, length, and weight eligibility thresholds). Where the Rental Vehicle experiences a breakdown on a maintained road, the cost of standard roadside attendance, jump-starts, flat tyre changing, lockout assistance, emergency fuel delivery, and standard towing to the nearest authorized repairer is provided at no extra daily cost to the Hirer.

The Hirer explicitly acknowledges that driving off-road is strictly prohibited. The Hirer shall be in immediate breach of this agreement and shall forfeit all insurance cover, roadside assistance, and excess reduction options entirely if:

  • (a) The vehicle requires rescue or recovery from an unapproved off-road location, beach, ford, riverbed, unformed road, track, or area not maintained as a public road;
  • (b) The breakdown or failure is caused directly or indirectly by driver misuse, gross neglect, or driving in a reckless manner (including ignoring active dashboard mechanical, oil, or cooling warning lights);
  • (c) The Hirer requests a custom tow destination that exceeds the distance to the nearest safe authorized repairer, in which case any excess mileage surcharges applied by the roadside provider (including standard per-kilometre excess distance fees) are the sole responsibility of the Hirer.

For user-attributable callouts, the Hirer explicitly agrees to the following cost boundaries:

  • (i) Emergency Fuel: The roadside dispatch is free, but the Hirer must pay the direct retail cost of any fuel supplied to mobile tanks;
  • (ii) Tyres: The roadside service to change a flat tyre with the vehicle’s spare tyre is free. However, the Hirer remains fully liable for the actual repair or replacement cost of the damaged tyre under clause 7;
  • (iii) Lost Keys: Lockout service for keys locked inside the cabin is free. However, if keys are permanently lost, broken, or stolen, the Hirer is fully liable for all tracking, cutting, and electronic transponder replacement costs.
Accidents, Theft and Vehicle Repairs

18. The Hirer shall inform the Owner immediately if there is an accident involving the Rental Vehicle, the Rental Vehicle is stolen or broken into, or the Rental Vehicle requires repairs (irrespective of cause), and in any event within 24 hours of the Hirer becoming aware of it. The Hirer shall not arrange or undertake any repairs to the Rental Vehicle without the prior written consent of the Owner.

In the event of an accident, theft, or damage involving injury to any person or a third party's vehicle or property, the Hirer must also:

  • (a) report the matter to the New Zealand Police and obtain a police event or reference number;
  • (b) not admit fault or liability, or agree to pay or offer to pay any amount, to any other person involved;
  • (c) obtain the name, contact details, vehicle registration and insurance details of any other person or driver involved, and the details of any witnesses; and
  • (d) complete any accident report form required by the Owner and cooperate fully with the Owner and its insurer's investigation.

Failure to comply with this clause may invalidate the Owner's insurance cover for the incident, in which case the Hirer will be liable for the full cost of any loss or damage under clause 20.

Liability

20. The Hirer shall be liable for:

  • (a) any loss or damage to the Rental Vehicle, its accessories and any spare parts that occurs during the Hire Period;
  • (b) any consequential damage, loss or costs, loss of ability to re-hire and loss of revenue, incurred by the Owner during the Hire Period (however that loss, cost or damage may have been caused);
  • (c) any loss of, or damage to, vehicles and property of third parties during the Hire Period.

21.The Hirer hereby indemnifies the Owner from and against all actions, claims, demands, losses, damages, costs, expenses or harm which the Owner may suffer or incur or become liable for as a result of the use or misuse of the Rental Vehicle by the Hirer or breach of these terms and conditions.

Insurance

22. Any driver named in the Particulars of Hire as a person permitted to drive the Rental Vehicle during the Hire Period is subject to the damage administration fee payable, the Excess payable by the Hirer and the insurance exclusions set out in these terms and conditions and covered against the losses set out in clause 20 above. The insurance premium is included in the hire charge as set out in the Particulars of Hire. The Owner may, at its discretion, offer the Hirer the option to reduce the Excess payable in exchange for an additional daily fee, as set out in the Particulars of Hire.

23. The Hirer's liability is covered by the Owner's insurance as set out in clause 20, up to the maximum value of:

  • (a) $64,000 in respect of sub-clauses 20(a) and 20(b) above; and
  • (b) $10,000,000 in respect of sub-clause 20(c) above.

24. The Excess payable by the Hirer is as specified in the Particulars of Hire and is payable for each and every incident involving the Rental Vehicle (subject to clause 10). If the damage is excluded under the Owner's insurance, the Excess will be considered part payment towards the total damage cost and any additional costs will be charged to the Hirer as set out in these terms and conditions.

The Hirer acknowledges that any independent third-party insurance, rental vehicle excess policies (including but not limited to products such as Prosura or similar travel insurance covers), or credit card insurance waivers are strictly a private matter between the Hirer and their independent provider. HIREMINIBUS Limited does not recognize, communicate with, or lodge claims to third-party insurers. In the event of any loss or damage, the Hirer remains fully, personally, and immediately liable to pay the standard Excess set out in this agreement directly to the Owner, which is calculated dynamically based upon the mandatory underwriting risk profile criteria required by the Owner's commercial insurer. It is the sole responsibility of the Hirer to independently seek reimbursement or recovery from their third-party provider following such payment.

25. An additional Damage Administration fee as set out in Fees Schedule will be applied for processing any damage claim. This fee may be refunded if it is proven that the damage was not the Hirer's fault.

Insurance Exclusions

26. The Hirer acknowledges that the Owner's insurance included in the hire charge may be avoided, or remedies applied proportionally in accordance with the Contracts of Insurance Act 2024 (or avoided in accordance with the Insurance Law Reform Act 1977, as applicable), if the Hirer breaches these terms and conditions or fails to take reasonable care not to make a misrepresentation when providing information to the Owner. Where insurance cover is lawfully avoided or restricted, the Hirer will be liable for all costs incurred by the Owner and hereby indemnifies the Owner from and against all costs, actions, claims, losses, demands, damages, costs, expenses or harm which the Owner may suffer or incur or become liable for as a result of such breach or misrepresentation.

27. Without limiting clause 26, the Owner's insurance does not cover, and the Hirer is fully liable for, loss or damage arising from breaches of this agreement, including but not limited to, the exclusions listed below:

  • (a) the Rental Vehicle being driven by any person not named as an authorised driver in the Particulars of Hire;
  • (b) driving on a beach, ford, riverbed, or any unsealed, unformed or gravel road not maintained as a public road, or any other off-road use;
  • (c) damage to tyres or the underbody of the Rental Vehicle except where caused by a manufacturing or mechanical defect, or a collision or accident covered under the Owner's insurance;
  • (d) damage to wheels except where caused by an insured event;
  • (e) windscreen damage – Single-incident accidental damage restricted solely to windscreens, window glass, or headlights glass is covered with no excess payable by the Hirer. However, if the glass damage occurs alongside or results in any other multi-panel bodywork damage, denting, or paint scratches from the same event, the standard minimum policy Excess applies in full;
  • (f) the Rental Vehicle being driven by any person under the age of 21 years – such use is strictly prohibited. Any under-21 operation constitutes a severe breach of this agreement, voids all insurance cover and excess reduction options entirely, and renders the Hirer fully, personally, and immediately responsible for 100% of all vehicle losses. In the event of an accident involving a driver under 21, the Hirer is not protected by any Excess limits or caps and is liable for the full physical replacement cost of the Rental Vehicle, specialized salvage expenses, loss of use revenue, and third-party liabilities;
  • (g) the Rental Vehicle being driven by any person who is under the influence of alcohol, drugs or any other intoxicating substance, or who has a blood alcohol level exceeding the legal limit – such use voids all insurance cover and the Hirer will be personally liable for all costs arising;
  • (h) Any use of the Rental Vehicle for commercial, business, or income-earning purposes in breach of clause 11. The Hirer acknowledges that limiting the vehicle to private, personal, or domestic use is a core condition of insurance risk, and breach of this condition entitles the Owner to void all insurance cover and hold the Hirer personally liable for all associated costs;
  • (i) the Rental Vehicle being driven by a person who does not meet the requirements of clause 4;
  • (j) Any loss, theft, or damage caused to any third-party trailer, cart, caravan, or carriage attached to the Rental Vehicle by the Hirer. The Hirer explicitly acknowledges that any unapproved attachment is completely uninsured by the Owner, and the Hirer shall be solely responsible for managing and meeting all repair or replacement costs;
  • (k) Any loss or damage to the Rental Vehicle, its occupants, or third-party property arising from an accident, collision, mechanical failure, or rollover caused directly or indirectly by the use or attachment of an unapproved trailer, cart, caravan, or additional carriage not offered or supplied by HIREMINIBUS Limited. In such circumstances, the Hirer is fully and personally liable for all associated vehicle damage, recovery, and third-party liabilities;
  • (l) Loss, theft, or damage to any personal items, baggage, effects, or belongings owned by the Hirer, occupants, or third parties, left inside or on the Rental Vehicle during or after the Hire Period. The Hirer explicitly acknowledges that personal belongings are completely excluded from the Owner's insurance cover. The Owner strongly recommends that the Hirer does not leave valuables unattended in the vehicle and maintains independent personal travel or contents insurance;
  • (m) Any Overhead Damage as defined in this agreement, regardless of cause. The roof and upper structures of the minibus are completely excluded from any standard insurance packages or excess reduction waivers, and the Hirer remains solely responsible for all recovery, structural repair, and third-party liabilities arising from an overhead obstruction impact;
  • (n) Any loss, damage, or third-party liability arising from the operation, driving, or parking of the Rental Vehicle inside the restricted airside perimeter of any commercial, private, or military airport, airfield, tarmac, or aviation service lane;
  • (o) Any loss, damage, or liability arising while the Rental Vehicle is overloaded, carrying more passengers than specified in the Particulars of Hire, or carrying cargo that is improperly secured, unstable, or exceeds the manufacturer’s gross vehicle mass (GVM) or axle weight ratings;
  • (p) use of an incorrect fuel type; and
  • (q) any use of the Rental Vehicle in breach of clause 11.

28. It is agreed between the Owner and the Hirer that Section 11 of the Insurance Law Reform Act 1977 and/or the corresponding provisions of the Contracts of Insurance Act 2024 will apply with respect to the above exclusions as if this clause constitutes a contract of insurance.

Vehicle Condition, Cleaning and Fair Wear and Tear

29. The Hirer must return the Rental Vehicle in the same condition it was provided in, fair wear and tear excepted. "Fair wear and tear" means deterioration resulting from ordinary and expected use of the Rental Vehicle, and does not include damage, staining, odour or excessive dirt caused by the Hirer's use.

30. The Owner may charge the Hirer any costs incurred by the Owner in relation to cleaning the Rental Vehicle if it is returned in a condition requiring additional cleaning and deodorising more than usually required for returned rental vehicles (as determined by the Owner, acting reasonably and providing itemised proof of costs). This includes (but is not limited to) cleaning and/or deodorising due to spillage of liquids, food, vomit, smoke, unpleasant odours and animal faeces/hair, and the Owner may charge a fee as set out in Fees Schedule for this in addition to the actual cost of cleaning where the vehicle cannot be re-hired until cleaned.

Cancellation by the Hirer

31. If the Hirer cancels a confirmed booking:

  • (a) more than 48 hours before the start of the Hire Period, the Owner may charge a cancellation fee of up to 20% of the total hire charge;
  • (b) between 48 and 24 hours before the start of the Hire Period, the Owner may charge a cancellation fee of up to 35% of the total hire charge; and
  • (c) less than 24 hours before the start of the Hire Period, or the Hirer fails to collect the Rental Vehicle at the agreed time (a no-show), the Owner may charge the full hire charge.

Any amount already paid by the Hirer will be refunded, less the applicable cancellation fee and any non-refundable booking or payment processing fees.

Cancellation and Repossession by the Owner

32. The Owner may cancel the Hire and take immediate possession of the Rental Vehicle if the Hirer fails to comply with any of these terms and conditions or if the Rental Vehicle is involved in an accident, breaks down or requires repair.

33. Cancellation of the Hire as set out in clause 32 above shall be without prejudice to the rights of the Owner and the obligations of the Hirer under these terms and conditions. The Hirer shall remain liable for the hire fee and any additional charges payable under these terms and conditions.

Infringement Fees

34. The Hirer is liable for all penalties incurred during the Hire Period related to traffic and/or parking offences including but not limited to infringement fees for speeding, failure to comply with traffic signals and parking violations etc.

35. The Owner may charge the Hirer's credit card for any infringement fee incurred by the Hirer during the Hire Period as set out in clause 34 of these terms and conditions. The Owner may also charge an administration fee as set out in Fees Schedule to the Hirer's credit card to cover the cost of:

  • (a) debiting the Hirer's credit card; and/or
  • (b) processing and sending to the Hirer notices relating to traffic and/or parking offences.

36. The Owner will, in the event of receiving a notice of any traffic or parking offence relating to the Rental Vehicle during the Hire Period, send a copy of the infringement notice and reminder notice to the Hirer as soon as reasonably practicable. The Hirer also authorises the Owner to provide such necessary information to the relevant issuing enforcement authority for such notices to be directed to the Hirer.

Default

37. The Hirer will be liable to pay all moneys and interest due and unpaid under these terms and conditions at the rate of 15% per annum, calculated on a daily basis from the due date for payment to the date payment is actually received by the Owner.

38. The Hirer shall also be liable for all costs of enforcement and collection incurred by the Owner in relation to these terms and conditions (including all legal costs incurred by the Owner on a solicitor and own client basis).

Privacy

39. The Hirer and all Additional Authorised Drivers explicitly acknowledge and agree that the Owner can collect, hold, copy, and use their personal information (including physical or digital copies of driver's licences) in accordance with the Privacy Act 2020. This data is collected for the purposes related to the hire of the Rental Vehicle, providing the applicable customer services, verifying their identity and driver's licence validity, and operating GPS tracking under clause 12. The Owner may hold this information securely in their systems and disclose personal information to its related companies, agents, assigns and transferees for these purposes. The Hirer and all drivers further authorise the Owner to disclose this personal information to debt collection agencies and/or the Hirer's credit card provider in the event of a default in the payment of any amount owing to the Owner, or to other parties involved in an accident with the Rental Vehicle during the Hire Period, or any organisations responsible for issuing, processing or handling traffic, toll, and/or parking related infringements.

Force Majeure

40. Neither party is liable for any failure or delay in performing its obligations under this agreement (other than an obligation to pay money) to the extent that the failure or delay is caused by an event beyond that party's reasonable control, including natural disaster, earthquake, tsunami, volcanic activity, civil unrest, epidemic, or government restriction.

Notices

40. Any notice under this agreement must be given in writing and may be delivered by hand, sent by email, or sent by post to the address or email address most recently provided by the recipient (in the case of the Hirer, in the Particulars of Hire, and in the case of the Owner, to bookings@hireminibus.kiwi). A notice is treated as received when delivered, or, if sent by email, on the next working day after being sent.

General
  • Entire agreement: this agreement (including the Particulars of Hire) is the entire agreement between the parties in relation to the hire of the Rental Vehicle, and supersedes all prior discussions or agreements.
  • Severability: if any provision of this agreement is found to be invalid or unenforceable, the remaining provisions continue in full force.
  • No waiver: a failure by the Owner to enforce any provision of this agreement is not a waiver of that provision.
  • Assignment: the Hirer may not assign or transfer any of its rights or obligations under this agreement.
By clicking the Terms & Conditions consent validation option on our main quote form portal, you explicitly verify that you understand, accept, and authorize the operational data management structures defined above.

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