Thrifty New Zealand Car Hire - Terms & Conditions

DriveAway have prepared this summary as a guide to the key inclusions, exclusions, requirements and other terms and conditions which may apply when renting a car with Thrifty in New Zealand. Customers will be required to accept Thrifty New Zealand car hire rental terms when collecting their vehicle. Last updated: 21 December 2017.

Agreement to Hire a Rental Vehicle

This document is an agreement made between Motoka Rentals Limited trading as Thrifty Car Rental (Thrifty) as owner and the Hirer whose particulars are entered on the front of this Agreement (Hirer). This Agreement consists of the front of this document and the terms and conditions contained below.

VEHICLE DESCRIPTION AND TERM OF HIRE

1. Thrifty will let and the Hirer will take the motor vehicle, details of which are set out on the front of this Agreement (the vehicle), for the term of hire as described in this Agreement.

PERSONS WHO MAY DRIVE VEHICLE

2. The vehicle may be driven during the period of hire only by (i) the person or persons described on the front of this Agreement and (ii) such other person(s) as may be agreed by Thrifty at the time of hire or subsequently, and in each case only if each such person holds a current driver’s licence (particulars of which are to be given to Thrifty at the time of hire, whether on the front of this Agreement or otherwise or at the time Thrifty agrees to that person being a driver) appropriate for the vehicle at the time they are driving the vehicle.

HIRER’S OBLIGATIONS

3. The Hirer shall ensure that:

  1. (a) the water in the radiator and battery of the vehicle is maintained at the proper level;
  2. (b) the oil in the vehicle is maintained at the proper level;
  3. (c) only the correct fuel type specified for the vehicle will be used;
  4. (d) the tyres on the vehicle are maintained at their proper pressure;
  5. (e) all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use;
  6. (f) the distance recorder and speedometer are not interfered with;
  7. (g) no part of the engine, transmission, braking or suspension systems is interfered with;
  8. (h) should a warning light be illustrated or the Hirer believes the vehicle requires mechanical attention, he/she stops driving it and advises Thrifty immediately;
  9. (i) every driver of the vehicle carries his or her driver’s licence in the vehicle at all times and will produce it on demand to any police, traffic or other enforcement officer;
  10. (j) every driver is aware of and complies with the terms of this Agreement;
  11. (k) no driver or passenger smokes in the vehicle;
  12. (l) any accessories (such as, but not limited to, ski racks and snow chains) are fitted correctly so as not to cause damage to the vehicle or any person or property;
  13. (m) children are appropriately restrained in the vehicle.

INSURANCE

4. Thrifty is obliged to offer to arrange motor vehicle insurance for the benefit of the Hirer, and the following provisions shall apply:

EXCLUSIONS

5. The insurance cover under the Policy shall not apply where the damage, injury or loss:

6. Section 11 of the Insurance Law Reform Act 1977 shall apply to clauses 4 and 5 as if this Agreement were a contract of insurance.

THRIFTY’S OBLIGATIONS

7. Thrifty shall supply the vehicle in a safe and roadworthy condition up to current Certificate of Fitness standards.

8. Thrifty shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this Agreement those costs are payable by the Hirer.

MECHANICAL REPAIRS AND ACCIDENTS

9. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise Thrifty of the full circumstances immediately.

10. The Hirer shall not arrange or undertake any repairs or salvage without Thrifty’s authority except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. This extends to purchasing any replacement tyre without approval of Thrifty.

11. Thrifty has arranged 24 hour roadside assistance should there be a need for it due to repair or accident. The costs of the provider of that assistance are payable by the Hirer directly to that provider, and these include call-outs relating to refueling, jump starting, tyre related incidents, lost keys and keys locked in the vehicle. Where assistance is required in respect of an inherent mechanical, electrical or electronic fault in the vehicle (as determined by Thrifty or its authorised agent) then the cost of the assistance will be borne by Thrifty.

12. If for any reason the vehicle requires repair or replacement then the decision as to whether or not another vehicle should be supplied to the Hirer is at Thrifty’s sole discretion.

USE OF THE VEHICLE

13. The Hirer shall not:

14. Without limiting the obligations of the Hirer under this Agreement, the Hirer will be liable to compensate Thrifty for all costs and losses suffered as a result of the wrong fuel type being used in a vehicle (including petrol being put into a diesel vehicle, and vice versa) while it is on hire to the Hirer.

RETURN OF VEHICLE

15. The Hirer shall, at or before the expiry of term of hire, deliver the vehicle to Thrifty or its agent at the location specified on the front of this Agreement and if it wishes to extend the period of hire it shall seek Thrifty’s consent to the continuation of hire (in which case the Hirer will pay additional rental charges for any agreed extension of the hire). If the Hirer does not comply with this clause the Hirer may be liable for charges for the late return of the vehicle or for returning it to a location other than the agreed one.

16. Hirers are obliged to keep the keys to the vehicle with them at all times during the term of hire of the vehicle and to return them with the vehicle at the location referred to in clause 15 above at the expiry of the term of hire. A failure to return the keys at that time with the vehicle means that the vehicle has not been validly returned to Thrifty, and as a result the Hirer may be liable for costs and losses associated with the failure to return the keys at the specified location at the scheduled expiry of the term of the hire (including where keys are lost or damaged during the term of hire). These costs and losses may include loss of income to Thrifty while it is not able to rehire the vehicle, courier costs for couriering the spare set of keys to the location of the vehicle, and the cost of replacement keys if the keys are lost or destroyed. The cost of replacement keys is likely to be at least $200 plus GST.

17. The Hirer shall remove all personal belongings from the vehicle prior to returning the vehicle. Thrifty is not responsible for any items that are left in the vehicle upon return. Where a valuable item is left in the returned vehicle Thrifty will attempt to contact the Hirer, and any costs of return of the item or for its storage will be borne by the Hirer. Where the Hirer cannot be satisfactorily located within one month and in the case of items of little value, Thrifty shall be entitled to dispose of such items as it sees fit, and should any be sold then the net proceeds of sale will be paid to a charity selected by Thrifty.

IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE

18. Thrifty shall have the right to terminate the hire and take immediate possession of the vehicle if the Hirer fails to comply with any of the terms of this Agreement in a manner or an extent which Thrifty considers material, or if the vehicle is involved in an accident or damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of Thrifty and the rights and obligations of the Hirer under this Agreement or otherwise. No hire charges shall be payable by the Hirer in relation to the period after the date the vehicle is returned to or repossessed by Thrifty.

PAYMENTS BY HIRER

19. The Hirer agrees to pay on demand all of the following charges (whether or not charges are detailed on the front of this Agreement): as payment for the hire of the vehicle all charges at the rates detailed on the front of this Agreement for each 24-hour period (or part thereof) commencing from vehicle check-out time as specified in this Agreement;

TRAFFIC OFFENCES

20. Under section 9.5(1) of the Land Transport Rule: Operator Licensing 2007 Thrifty is entitled to debit the Hirer’s credit card or charge their account for any infringement fee for an offence where the offence was committed during the period of hire and:

21. Thrifty is authorised by the Hirer to make payment of the infringement fee to the enforcement authority once it is satisfied that it has received payment from or on behalf of the Hirer as a result of charging the fee to the Hirer’s credit card or their account.

22. Thrifty may also charge an administration fee in addition to the infringement fee. The administration fee will not exceed the amount specified on the front of this Agreement.

23. Thrifty will send the Hirer a copy of any infringement notice and any reminder notice as soon as practicable. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and 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).

24. Generally Thrifty will contact the relevant enforcement agency and will request that all dealings and actions relating to the infringement be dealt with directly by the enforcement agency with the Hirer rather than with Thrifty. All Hirers are taken to have consented to Thrifty providing all such information (including personal information relating to drivers) to relevant enforcement authorities.

PAYMENT OF CHARGES

25. The Hirer hereby irrevocably and unconditionally authorises Thrifty to charge to their credit card and/or to charge to their account (as nominated respectively under “Payment Information” on the front of this Agreement or in the credit card authority) all charges and other sums payable by the Hirer under this Agreement.

26. If the Hirer fails to make full payment of any charge due to Thrifty, the Hirer shall pay to Thrifty:

27. Hirers are entitled to query any charging or debiting by Thrifty of any sum to the Hirer’s credit card or account pursuant to the terms of this Agreement, and Thrifty shall treat any such query in good faith with a view to resolving any misunderstandings amicably and promptly.

PRIVACY

28. Any personal information sought from the Hirer by Thrifty is to enable Thrifty to assess the request to hire a vehicle. The Hirer need not supply that information but if they do not, then Thrifty will be unable to hire the vehicle to the Hirer. The Hirer acknowledges that Thrifty will collect, hold and use all personal information relating to the Hirer or its nominated drivers for purposes related to the hire of the vehicle and the provision of related services, which may include direct marketing and the assessment of customer satisfaction with products and services provided by Thrifty. Thrifty may disclose all such information to debt collection agencies if the Hirer defaults in the payment of any moneys due under this Agreement, and may disclose the information to other parties where there has been an accident involving the vehicle during the period of hire. Those parties may be involved in the accident but may also include other vehicle rental companies where relevant. Information may also be disclosed to enforcement agencies or other organisations responsible for handling traffic or parking related infringements. Personal information may also be disclosed to operators of petrol stations where fuel for the vehicle is unpaid or alleged to be unpaid, or to parking companies or agencies in relation to parking fees and charges which are unpaid or alleged to be unpaid, and in any event will be provided to police on request of the police for any reason. The Hirer consents to all such disclosures for all those purposes.

GPS DEVICES AND OTHER ACCESSORY ITEMS

29. The Hirer is liable for all damage to or loss, whether from theft or otherwise, of any GPS unit (including any accessories to any GPS unit), any snow chains, roof racks, tow bars or other accessories installed or contained in any vehicle. The amount payable by the Hirer will not exceed the cost of replacement of the damaged or lost item. The Hirer is also liable to Thrifty for any handling or freight free charged by Thrifty where any such item (including without limitation any accessory to a GPS unit) is damaged or lost or is not returned to Thrifty.

NOTE TO HIRER: THRIFTY MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE LAND TRANSPORT SAFETY AUTHORITY.

January 2017

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