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).
In this agreement, unless the context requires otherwise:
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.
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.
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.
4. The Hirer, and any additional authorised driver named in the Particulars of Hire, must:
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.
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).
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.
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:
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.
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.
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.
11. The Hirer shall not:
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.
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.
14. The Rental Vehicle can only be driven by:
15. The Hirer shall ensure the following:
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.
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:
For user-attributable callouts, the Hirer explicitly agrees to the following cost boundaries:
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:
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.
20. The Hirer shall be liable for:
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.
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:
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.
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:
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.
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.
31. If the Hirer cancels a confirmed booking:
Any amount already paid by the Hirer will be refunded, less the applicable cancellation fee and any non-refundable booking or payment processing fees.
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.
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:
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.
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).
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.
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.
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.