TERMS & CONDITIONS
- The Rental Agreement is made between Nusantara Limited (herein referred to as “the owner”) and the person and/or company signing the Rental Agreement (herein referred to as “the hirer”) whose particulars are recorded into this Rental Agreement. It is hereby agreed as follows:
- The owner will let and the hirer will take the motor vehicle as described in the Rental Agreement (herein referred to as “the vehicle”).
DURATION AND AMENDMENTS TO HIRE
- The term of hire will start and end at the time and dates specified in the Rental Agreement. Vehicle charges are on a 24-hour basis. Please note, the first hour of late return is complimentary, thereafter a full day’s hire is applicable.
- Rates specified in booking confirmation will be honoured, unless a booking is amended by the Hirer. All amendments are subject to approval by the owner.
- Should the hirer reduces the number of days booked, no refund will be provided. Should the hirer decide to voluntarily downgrade their vehicle type from the category booked, no refund will be provided.
- In the event of a delayed flight which is affecting the confirmed booking pick-up time, the hirer must notify the owner of the change. The booking will be hold for a maximum of 2 hours after the original pick-up time, afterwards the booking will be considered as no-show and Nusantara Limited reserves the right to cancel the hirer rental booking with full penalty of the booking amount applied. Any additional costs relating to this matter will be at the hirer’s expense.
- All booking extensions are subject to availability and must be requested at least 48 hours prior to the original drop off date on the Rental Agreement. Failure to comply will result in a penalty fee of up to $1000 to the hirer for the unauthorised extension in addition to the current daily rental rate.
- The owner reserves the right to charge a relocation fee of up to $2000 to the hirer if the vehicle has been returned to a different location than what was agreed in the Rental Agreement.
PERSONS WHO MAY DRIVE THE RENTAL VEHICLE
- The vehicle may be driven during the term of hire only by the names listed as the Authorised Drivers on the Rental Agreement and only if they are at least 25 years of age at the time of this agreement and hold a current and valid full valid driver’s licence appropriate for the vehicle while they are using the vehicle. Driver’s license must be provided to the owner at the latest 48 hours prior to scheduled pick-up time. Physical driver’s license must be presented when asked by the owner.
- If the licence is not printed in English it must be accompanied by an accredited English translation which is to be provided to the owner. Please note that only full licenced drivers are accepted. Driver’s Licence translation service can be done via www.licencetranslation.co.nz
- A $2 per day fee applies to each and every extra driver on the agreement after the hirer.
- Please note if you live in New Zealand we reserve the right to ask you for proof of Identification together with proof of address.
PAYMENTS BY HIRER
- The hirer shall pay the owner for the hire of the vehicle the sum or sums specified in the Rental Agreement prior to pick up or upon pick up; and authorizes the owner to charge all amounts payable to the hirer’s account. The hirer’s account means a nominated debit card, credit card, or pre-arranged charge account.
- Your Insurance Excess (IE) 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. Once the IE is used for your first accident your Insurance Excess reverts to the Basic Insurance Excess stated on your rental agreement.
- In addition to the payment specified in clause 13 above, the hirer agrees that they shall be liable at the end of the hire term to pay to the owner any applicable additional charges payable at the end of the term. These include, but are not limited to:
- any additional drivers fee;
- charges for petrol or other fuel used;
- road user charges;
- charges for late return of the vehicle;
- any additional charges for extra cleaning or deodorising required to the vehicle’s interior if the vehicle is returned in an excessively dirty condition. This includes, but is not limited to, food and drinks spillage, vomit, other stains, and unpleasant odours including cigarette smoke;
- infringement fees as a result of traffic and/or parking offence;
- the administration fees as specified in the Rental Agreement; and
- credit/debit card surcharges used by the hirer.
- The owner will charge the amounts set out in clause 15 above to the hirer’s account during or after the term of hire is completed, or the hirer may pay such charges as agreed with the owner, such choice to be at the owner’s sole discretion.
- The hirer expressly and irrevocably authorises the owner to deduct all charges determined by the owner in its sole discretion to be payable under this Rental Agreement from the hirer’s credit card and such authority shall not be revoked without the prior written approval of the owner.
- The hirer agrees that in the event of a dispute arising as to whether a fee has been appropriately charged to the hirer’s credit card, the hirer will not seek to have the charge on the hirer’s credit card reversed, but will rather contact the owner directly to discuss whether the charge has been applied in error.
- 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 owner may, without prejudice to any other rights or remedies the owner may have or be entitled to, charge the hirer and the hirer must pay all additional costs as outlined 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;
- all costs incurred by the owner for the collection of the unpaid money by a debt collection agency or other external or legal agency; and
- an administration fee of $50.
USE OF THE VEHICLE
- 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 owner’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 or 58 of the Act (which relates to driving under the influence of alcohol or drugs);
- operate the vehicle or allow it to be operated in any race, speed test, reliability trial, 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 them;
- operate the vehicle, or allow it to be operated, in breach of the Act, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
- 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 road user charge certificate, whichever is the lesser, for the vehicle;
- drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current full valid driver’s licence appropriate for the vehicle;
- drive or allow the vehicle to be driven on any roads excluded in clause 51(q) of these terms and conditions, or on any beach, driveway, or surface likely to damage the vehicle;
- allow the vehicle to be driven by any person who is not named or described in the Rental Agreement as a person permitted to drive the vehicle;
- operate the vehicle or allow it to be operated to propel or tow any other vehicle;
- transport any animal in the vehicle (with the exception of guide dogs for visually impaired people);
- operate or allow the vehicle to be used in involvement with any illegal activity; or
- allow any person to smoke in the vehicle.
- The hirer shall ensure that:
- all reasonable care is taken when driving and parking the vehicle;
- the vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer’s personal control at all times;
- only the fuel type specified for the vehicle will be used;
- the tyres are maintained at their proper pressure;
- the water in the vehicle’s radiator and battery is maintained at the proper level;
- the oil in the vehicle is maintained at the proper level;
- 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, the hirer will stop driving and advise the owner immediately;
- all drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; and
- any authorised driver carries their driver’s licence with them in the vehicle at all times and will produce it on demand to any enforcement officer.
- The owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
MECHANICAL REPAIRS AND ACCIDENTS
- In the event of an accident or new damage the Hirer must:
- notify the owner by telephone immediately of the full circumstances of the damage or requirement of repairs or salvage;
- notify the NZ Police and request they attend the scene to determine liability;
- where possible, take some photos of the accident site and the damaged vehicles;
- if the Police could not attend, call into the closes Police Station to report the incident and obtain a report;
- the hirer must not admit liability;
- contact the owner and make arrangements to complete the necessary insurance documents. The owner requires a record of the full details of all parties including witnesses and the vehicles involved in the accident along with your written statement and a diagram of the accident and circumstances. Insurance documents must be completed before the end of the hire period specified in this agreement.
- Damage includes any and all damage to third party property, damage to the rented vehicle including tyres, windscreens, towing and recovery costs, theft, fire, break in or vandalism.
- During the hire period the Insurance Excess (IE) can only be used once for the damage that has occurred first. Once the IE is used your insurance excess reverts to the basic insurance excess. Also the additional benefits of IE no longer apply.
- In the event a vehicle is replaced due to damage the IE is not transferable to the replacement.
- The insurance excess 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 only be refunded if; the owner is successful in recovering the full cost of the damages from the other party. Please note that third party claims can take many months to resolve.
- The hirer’s assistance maybe required if liability is being disputed by the at fault party, which means you may be required to attend a disputes tribunal hearing in person or via telephone conference.
- Where the car has been returned outside of office hours, the hirer shall remain liable for any damage to the vehicle until it has been uplifted and checked by the owner (including after it has been cleaned sufficiently to expose any new damage).
- Any damage caused by improper use, or the incorrect fitting of snow chains is not covered by any insurance and the hirer will be liable for all repairs to the vehicle.
- Any underbody damage and or recovery of a vehicle, which has become bogged or immovable due to taking the vehicle of road is not covered under the insurance cover therefore the hirer is fully liable for these costs.
- Any roof damage due to entering low laying buildings or objects with height restrictions or by standing on the roof is a failure by the hirer to comply with the warnings provided on the vehicle therefore the hirer is fully liable for these costs.
- The owner reserves the right to charge a minimum $2000 fee in addition to any other costs if the vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers, flooded fords, salt water or on beaches.
- The hirer shall not arrange or undertake any repairs without the owner’s prior authority (this includes, but is not limited to, purchasing a replacement tyre) except to salvage the vehicle to prevent further damage to the vehicle or to other property. If the hirer has to pay to salvage the vehicle, the hirer must inform the owner within a maximum 12 hour period or forfeit the right to seek reimbursement of the salvage costs.
- If any repairs are required whereby the owner has authorised them, but the hirer is not liable for the repairs, the hirer will be reimbursed once the invoice or receipts have been provided to the owner.
- Failure to advise of an accident or new damage and complete the relevant claim forms prior to the termination of the hire, the hirer will incur a fee of up to $500 claim handling fee and can result in the hirer becoming fully liable for all costs.
- If the vehicle is rendered unfit to drive after an accident, the owner is not obliged to make any refund for the unused hire period (including Insurance Excess (IE) payment if applicable) and the provision of a replacement vehicle shall be at the owner’s sole discretion. The owner shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. In the event that the owner decides to offer the hirer an alternative vehicle, the vehicle shall be available at the nearest branch of the owners business not delivered to the accident location. The owner reserves the right to provide the replacement vehicle subject to an increased hirer’s liability and/or to decline to offer IE 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 owner’s vehicle.
- If the vehicle breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the owner of the full circumstances by telephone immediately.
- 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance call outs including refueling, jump start, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged.
- If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at the owner’s sole discretion.
- 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 owner, 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.
- Any loss or damage to any accessories on hire.
- The hirer agrees to release and indemnify the owner 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.
RETURN OF VEHICLE
- The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Agreement or obtain the owner’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, and does not immediately return the vehicle, the owner may report the vehicle as stolen to the Police and the hirer must compensate the owner for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by the owner.
- The hirer is advised that motor vehicle insurance must be offered by the owner, but the hirer can make their own insurance arrangements, provided these are approved by the owner. If the owner is not satisfied that the hirer’s insurance is comparable to the owner’s, the owner may decline to hire the vehicle.
- If the hirer elects to use the owner’s insurance, any driver named in the Rental Agreement as a person permitted to drive the vehicle is, subject to the damage administration fee in clause 50, the excess payable by the hirer as noted in clause 49 and the insurance exclusions set out in clause 51, covered against the losses set out in clause 42.
- The hirer’s liability is covered by the owner’s insurance as set out in clause 42, up to the value of $30,000 in respect of the above sub-clauses 42(a) and 42(b), and $50,000 in respect of sub-clause 42(c). This clause 47 does not apply if the hirer rejects the owner’s insurance. This clause 47 also does not apply to sub-clause 42(d) at all times, the hirer is fully liable for this sub-clause.
- If the hirer elects to use the owner’s insurance, the insurance premium is included in the hire charge.
- If the hirer elects to use the owner’s insurance, the excess payable by the hirer is as specified in the Rental Agreement and is payable for each and every incident involving the vehicle. If the damage is excluded under the owner’s insurance, the excess will be considered part payment toward the total damage cost and any additional cost will be charged to the hirer in accord with clause 42.
- An additional Damage Administration fee of $75 plus GST will be applied for processing damage claims. This fee applies to all damage claims regardless of whether the hirer elects to use the owner’s insurance or has their own insurance arrangements. This fee may be refunded if it is proven that the damage was not due to the hirer’s fault.
- The hirer acknowledges that the cover referred to in clause 47 will not apply:
- at any time when the driver of the vehicle is under the influence of alcohol or any drug;
- at any time when the vehicle is in an unsafe or un-roadworthy 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 un-roadworthy condition of the vehicle;
- at any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle;
- at any time when the vehicle is driven in any race, speed test, reliability trial, 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 them;
- at any time when the vehicle is driven by anyone not named or described in the Rental Agreement as a person permitted to drive the vehicle (unless the hirer is a body corporate or Department of State and the driver is authorised by them to drive, subject to all other terms and conditions in the Rental Agreement);
- at any time when the vehicle is driven by an unlicensed person;
- at any time when 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;
- at any time when the driver commits a traffic offence while driving the vehicle;
- at any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
- at any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the vehicle;
- at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
- to any fine or penalty imposed as a result of prosecution for breach of any law;
- to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
- to any wear and tear to the vehicle;
- to any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000;
- to any overhead damage to the vehicle or to the property of any third party resulting from such overhead damage;
- at any time when the vehicle was being driven on any of the following roads: Skipper’s Canyon, the road to Macetown, Tasman Valley Road (also known as old Ball Road), Matukituki Road beyond the Treble Cone access road turn off, Glenorchy-Paradise Road beyond Priory Road turn off, Ninety Mile Beach (Northland), or any unformed roads and/or roads other than tarseal or metal; including but not limited to beaches, driveways, or any surface likely to damage the vehicle; or
- at any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the owner to the hirer.
HIRER USES THEIR OWN INSURANCE
- If the hirer elects to use their own insurance, then the hirer accepts all liability for all losses, costs and damages set out in clause 42 (a) to (d), and agrees that clause 46 does not apply to such losses, costs and damages.
- All penalties related to traffic and/or parking offences are the responsibility of the hirer and the owner may charge the hirer’s credit card for any traffic and/or parking offence infringement fees incurred by the hirer. The owner undertakes, in the event that the owner receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a 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).
- The owner may also charge an administration fee of $50 plus GST to cover the cost of processing and sending to the hirer notices related to traffic and/or parking infringements.
CANCELLATION OF HIRE AGREEMENT
- The owner has the right to terminate the hire with full penalty applies and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise.
- In the event that the hirer wishes to terminate the agreement earlier than the date and time stated, there is NO OBLIGATION to provide a refund for the balance of the hire period. Any refund or amendment to the hire rate is at the sole discretion of the owner. Vehicle hire charges are non-refundable and non-transferrable.
- The hirer acknowledges that they are liable for:
- damage to or loss, including theft, of the GPS unit and/or its accessories. The charge is $500 plus GST per unit; and
- a handling and freight fee where any GPS accessory is damaged and/or not returned with the GPS unit. The charge is $50 plus GST per rental.
- In addition to the insurance cover set out above, the hirer may also choose Excess Reduction (ER) options by so indicating on the Rental Agreement. The amount of that excess and the daily rate payable in respect of ER is dependent upon the age of the hirer, the type of vehicle hired, and the location of hire.
- The hirer acknowledges that the terms of, and/or the charges payable for ER may change without notice to the hirer or ER options may be cancelled without notice to the hirer.
The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the owner. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.
NOTE TO HIRER
NOTE – THE OWNER MUST GIVE THE HIRER AT LEAST ONE COPY OF THE RENTAL AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER.
ELECTRIC VEHICLE ADDENDUM
If you rent an electric vehicle from the owner, you and any authorised driver acknowledge and agree to adhere to the following terms and conditions during the rental period:
- The daily rental rates of your rental vehicle do not include the cost of electricity required to charge an electric vehicle. The owner will provide electric Vehicles with at least 77% charge and we require that you return the vehicle with the same or greater charge level.
- Where a vehicle is returned with less than 78% charge, a service fee (as set out in table below) will be charged to your rental agreement by the owner.
- Where a vehicle is returned with less than 10% charge, an additional fee (as set out in table below) will be charged to your rental agreement. If the vehicle is returned with insufficient charge to relocate it to our closest rental depot and requires towing by the owner, all related fees will be charged to your rental agreement.
- All references to fuel charging costs on your rental agreement are superseded by these term and conditions.
- Our electric Vehicles are provided to you with charging cables, which must be returned with the vehicle at the end of the rental period. Charging cables are not part of the standard excess coverage, and if they are not returned you will be charged the full replacement cost of the cables.
- Any damage to a battery caused by impact to the under body of the vehicle is not covered by your standard excess. All reasonable costs associated with repairing or replacing this damage will be the responsibility of the renter.
- If you choose to sign into any application within the car infotainment system you are providing your consent by doing so. Signing out of this system at the end of your rental period is your responsibility and the owner will not be responsible for any future usage of your account where your details were not removed by you.
- You will be able to access Tesla superchargers to recharge Tesla vehicles. Any supercharger use is billed back to the owner and the hirer is responsible for these costs. The owner will on-charge these costs plus a reasonable administration fee on receipt of an invoice from Tesla. These charges may appear on the hirer credit card up to 30 days after the rental check in.
- The Vehicle must be returned to the owner on the date, place and time shown on the rental agreement unless the hirer has informed the owner of a change prior to the return date and the owner has agreed to the change in writing. Please note a relocation fee may apply.
- Tesla vehicles cannot be driven through an automatic car wash. Damage that occurs from driving a Tesla vehicle through a car wash is excluded from the standard excess. All reasonable costs associated with damage caused by driving a Tesla vehicle through a car wash will be the responsibility of the hirer.
- The hirer must comply with all manufacturer specifications set out in the owner’s manual.
- Our electric vehicles are fitted with electronic devices to monitor the vehicle location, usage and servicing of the vehicle, including your speed, time, fuel consumption, distances travelled, and current and previous locations visited.
- 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle. For all other Roadside Assistance call outs including battery recharge, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged to the hirer.
Table of charges of vehicle recharge:
|Greater than 78%
|Less than 10%