SUNTA CAMPERS RENTAL AGREEMENT
Terms and Conditions
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NOTE: A COPY OF THIS RENTAL AGREEMENT MUST BE KEPT IN
THE VEHICLE THROUGHOUT THE HIRE PERIOD.
CAR RENTAL AGREEMENT
1. This Rental Agreement sets out the terms and conditions on which
Sunta Campers Limited or its licensee (Sunta Campers) agrees to
rent a motor vehicle to the hirer named in the Hire Form (Hirer).
2. All of the Hirer’s rights set out in this Rental Agreement are in
addition to those rights available as a consumer under applicable
consumer legislation, including the Consumer Guarantees Act and
Fair-Trading Act.
VEHICLE DESCRIPTION
3. Sunta Campers Limited will, subject to these Terms and Conditions,
rent and the Hirer will take on hire, the motor vehicle described in the
Hire Form (Vehicle).
AUTHORISED DRIVERS
4. During the Hire Period, the Vehicle may only be driven by:
a) the Hirer; and
b) any additional Authorised Drivers specified in the HIRE FORM or
in an Authorised Drivers list attached to this Rental Agreement (if
any), and in either case, only if such persons hold a valid and
current driver’s licence appropriate for the Vehicle at the time that
they are or may be driving the Vehicle.
c) The Hirer is responsible for ensuring that all Authorised Drivers
comply with the terms of this Rental Agreement and assumes
responsibility for any and all acts of each Authorised Driver as if
they were acts or omissions of the Hirer.
DURING HIRE PERIOD
5. The Hirer shall hire the Vehicle for the period commencing at the
time and on the date specified in the Hire form as Hire Start and
concluding at the time and on the date
6. Specified in the Hire Form as Hire End (Hire Period).
7. The Hirer will, at or before the end of the Hire Period, either:
a) deliver the Vehicle to the Return Location specified in the Hire
Form (or to such other place as agreed in writing with Sunta
Campers Limited); or
b) Obtain Sunta Campers Limited consent to the continuation of
hire (in which case the Hirer shall pay additional hire charges for
the extended Hire Period).
8. If the Hirer fails to comply with this clause, the Hirer shall be liable for
additional charges for the late return of the Vehicle as set out in this
Rental Agreement.
9. For the purposes of the above clause, the Vehicle is returned upon
delivery of the Vehicle to the Return Location and the return of the
Vehicle’s keys to a Sunta Campers Limited employee or Vehicle key
drop box at the Return Location.
10. Sunta Campers Limited may request the immediate return of the
Vehicle, or Sunta Campers Limited may recover the Vehicle without
notice if:
a) the Hire Period expires without satisfactory arrangements having
been made between
11. Sunta Campers Limited and the Hirer; or Sunta Campers Limited
reasonably suspects that:
a) the Vehicle may be used for an unlawful purpose; or
b) Damage to the Vehicle or injury to persons or property is likely to
occur.
PETROL
12. The cost of petrol and fuel will be the hirer’s responsibility.
13. If the Hirer elects not to return the vehicle with a full tank, the Hirer
will pay the costs of fuel and an extra surcharge of $50.
HIRE CHARGES
14. The Hirer shall pay Sunta Campers Limited such sum or sums as are
specified in the Hire form for the hire of the Vehicle (plus goods and
services tax (GST).
15. Hire charges for the Vehicle are calculated on a ‘per day’ basis, with
each hire day being completed at 11:59pm and new starting at 12am.
The first hire day commences at the Hire Start time specified in the
Hire Form. The minimum Hire Period is 5 days .
16. The Hirer must comply with all restrictions applicable to any special
hire rates or will become liable to pay the standard rental rate that
would otherwise have been charged by Sunta Campers Limited for
the Vehicle for the Hire Period.
17. The Hirer acknowledges that they shall be liable at the end of the
Hire Period to pay Sunta Campers Limited any applicable additional
charges, which may include:
a) Toll road charges, which they will incur along their travel and they
must pay the sum of those charges upon return of the vehicle or
it will be charged against their nominated credit card.
b) Administration fee of $50 will be charged for processing fines,
notices, Insurance claims or any other document for hirer.
c) Charges in the case of early return of the Vehicle: where the
Hirer returns the Vehicle prior to the Hire End time (either by
his/her own volition), the Hirer will remain liable to pay the hire
charges for each day the Hirer has agreed to hire the Vehicle as
set out in the Hire Form.
d) Charges for late return of the Vehicle: where the Hirer returns the
Vehicle after the Hire End time on the Hire End date, the Hirer
will be liable to pay additional hire charges on a daily basis. Each
additional day will be calculated from the Hire End time, on the
Hire End date subject to other arrangements that have been
agreed to by the parties.
e) Charges for petrol or other fuel: the Hirer will pay for all petrol or
other fuel (but not oil) used in the Vehicle during the Hire Period.
If the Hirer chooses not to refuel the Vehicle prior to returning it,
Sunta Campers Limited will refuel the Vehicle and charge the
Hirer for such fuel at the rate specified in the Hire Form (plus
GST).
f) Charges for exceeding the maximum kilometer allowance: if the
Hirer exceeds any maximum kilometer allowance specified in the
Hire Form, the Hirer will be liable to pay a distance charge at the
rate specified in the Hire Form (plus GST).
g) Fines and/or road toll charges: the Hirer will pay all fines and/or
road tolls incurred in relation to the Vehicle during the Hire
Period.
h) Key replacement costs: the Hirer will be liable for the cost of
replacing any key not returned with the Vehicle and/or any
replacement key provided to the Hirer (including the cost of any
courier or delivery charges).
i) Vehicle relocation expenses and costs: unless otherwise agreed
in writing, if the Vehicle is not returned to the Return Location
specified in the Hire Form, Sunta Campers Limited may charge
the Hirer its reasonable expenses and relocation costs incurred
in recovering the Vehicle (based on the relocation distance and
locating between islands), together with additional hire charges
for each day the Vehicle is not returned to the Return Location.
j) Charges for cleaning the Vehicle: Sunta campers Limited may
charge the Hirer for the reasonable cost of returning the Vehicle
to the same condition it was in at the start of the Hire Period
(subject to reasonable wear and tear), including but not limited to
additional cleaning and in excess of the cleaning usually required
for returned vehicles. This includes, but is not limited to, cleaning
necessitated by spillage of fluids, food, vomit, stains, smoke,
unpleasant odours and animal hair.
k) Surcharges for drivers under the age of 25: Sunta Campers
Limited may charge reasonable surcharges for drivers under the
age of 25.
l) Credit Card surcharges: Sunta Campers Limited may charge
reasonable transaction fee surcharges in connection with the use
of a credit card or debit card (together Credit Card) by the Hirer.
m) Interest on unpaid amounts: Sunta Campers Limited may charge
the Hirer interest on unpaid amounts.
n) Enforcement and collection costs: Sunta Campers Limited may
charge the Hirer enforcement and collection costs in accordance.
o) Damage costs: Sunta Campers Limited may charge the Hirer for
costs relating to damage to or repair of the Vehicle (subject to the
other terms of the HIRE FORM) and any enforcement charges
relating to such damage or repairs, including legal costs.
p) Administration fees: Sunta Campers Limited may charge the
Hirer administration fees.
q) Traffic and/or parking offence infringement fees: Sunta Campers
Limited may charge the Hirer for traffic and/or parking offence
infringement fees.
r) Sunta Campers Limited will provide the Hirer with details of the
final cost of all charges on request.
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OBLIGATIONS OF THE HIRER
18. The Hirer will ensure that:
a) all reasonable care is taken in handling and parking the Vehicle;
b) the Vehicle is left securely locked when not in use;
c) no person interferes with the distance recorder or speedometer
or, except in an emergency, any part of the engine, transmission,
or suspension systems of the Vehicle;
d) the tyres are maintained at the proper pressure; and
e) The Vehicle is not operated whilst any warning light or hazard
indicator is activated.
f) If any warning light in the Vehicle is activated, the Hirer or
Authorised Driver (as applicable) must stop driving as soon as is
safely possible and:
g) refer to the manual in the glove box of the Vehicle and follow the
instructions in the manual; and
h) if the Hirer or Authorised Driver (as applicable) is unable to solve
the problem, he or she must contact Sunta Campers Limited.
i) If the Vehicle is damaged in any way, the Hirer or Authorised
Driver (as applicable) must, as soon as practicable, advise Sunta
Campers Limited.
AUTHORISATION OF PAYMENTS AND DEFAULT
19. By hiring the Vehicle, the Hirer expressly and irrevocably authorises
Sunta Campers Limited to place, at the commencement of the Hire
Period, an Authorisation over the Credit Card presented by the Hirer
for such an amount that will cover the Total Estimated Charges, any
excess (if applicable) and any additional charges that may be
incurred by the Hirer under the Rental Agreement (Authorisation
Amount).
20. The Hirer expressly authorises Sunta Campers Limited to deduct all
amounts payable by the Hirer under this Rental Agreement from the
Hirer’s Credit Card and such authority shall not be revoked without
the prior written approval of Sunta Campers Limited.
21. Sunta Campers Limited will deduct all charges due and payable
under this Rental Agreement from the Hirer’s Credit Card as soon as
practicable once the Hire Period is completed, or the Hirer may pay
such charges as agreed with Sunta campers Limited, at Sunta
Campers Limited’s sole discretion.
22. Notwithstanding that Sunta Campers Limited may have deducted all
charges due and payable under this Rental Agreement, the Hirer
acknowledges that the Authorization Amount may take upto 15 days
to be removed from the Credit Card following completion of the Hire
Period.
23. 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 immediately contact Sunta Campers Limited directly to
discuss whether the charge has been applied in error.
24. Sunta Campers Limited will pay, within a reasonable time, any refund
due to the Hirer by such method as Sunta Campers Limited may
reasonably choose.
25. The Hirer will be liable to pay interest on all moneys due and unpaid
under this Rental Agreement calculated at the rate of 10% above the
interest rate payable by Sunta Campers Limited to its bankers for
overdraft accommodation, on a daily basis from the due date for
payment to the date payment is actually received.
26. The Hirer will be liable for all costs of enforcement and collection
incurred by Sunta Campers Limited in relation to this Rental
Agreement (including legal costs of a solicitor and own client basis).
SUNTA CAMPERS LIMITED OBLIGATIONS
27. Sunta Campers Limited will supply the Vehicle in a safe and
roadworthy condition, up to current COF standards.
28. Sunta Campers Limited will be responsible for all costs of running the
Vehicle during the Hire Period except to the extent that those costs
are payable by the Hirer under this Rental Agreement.
LIABILITY
29. The Hirer is liable for:
a) Any loss or damage to the Vehicle, its accessories (including the
Vehicle’s keys) and spare parts caused by the Hirer or any third
party (other than Sunta Campers Limited) during the Hire Period;
b) Any loss of, or damage to, vehicles and property of third parties
during the Hire Period arising out of or in connection with the use
or misuse of the Vehicle by the Hirer or a third party (other than
Sunta Campers Limited); and
c) Any consequential damage, loss or costs, including salvage
costs, loss of ability to re-hire and loss of revenue, incurred by
Sunta Campers Limited in connection with the Hirer’s use or
misuse of the Vehicle (however that loss, cost or damage may
have been caused).
MECHANICAL REPAIRS
30. The Hirer shall ensure that no repairs or salvage are arranged or
undertaken without Sunta Campers Limited authority (including, but
not limited to, purchasing replacement tyres) except to the extent that
the repairs or salvage are necessary to prevent further damage to
the Vehicle or to other property.
31. If the Vehicle requires repair or salvage, Sunta Campers Limited
may, without incurring any liability to the Hirer:
a) elect to provide the Hirer with a replacement vehicle (using its
best endeavours to ensure that the replacement vehicle is not a
lesser make or class as the Vehicle) within a reasonable
timeframe, taking into account the availability of other rental
vehicles and the Hirer’s location; or
b) Elect not to provide the Hirer with a replacement vehicle and
cancel this Rental agreement.
32. If the Hirer is not satisfied with any replacement vehicle Sunta
Campers Limited offers, the Hirer may instead elect to cancel this
Rental Agreement and apply for a refund for an amount equal to the
hire charge payable for those days remaining in Hire Period at the
time of election (if any). Sunta Campers Limited does not guarantee
or warrant that a refund is payable or will be paid.
ACCIDENTS
33. If there is an accident involving the Vehicle or the Vehicle breaks
down or requires repair or salvage (regardless of cause) the Hirer or
Authorised Driver (as applicable) shall contact Sunta Campers
Limited immediately and follow the representative’s instructions with
respect to the Vehicle.
34. If there is an accident where it involves the injury of the Hirer or any
other persons, the Emergency services need to be called
immediately on “111”.
35. Ensure that details of all parties involved are recorded down properly,
including any witnesses, vehicle details, drivers license, insurance
and contact details.
36. In the instance of an accident, the Hirer must not make any
admission of liability until assessment of the accident has been
completed by the correct authorities.
37. If Sunta Campers Limited is to provide you with a replacement
vehicle, they have the right to elect from the available range at the
time with additional charges as they see fit.
38. Sunta Campers Limited cannot make any guarantees about
availability of a replacement vehicle.
INSURANCE
39. Sunta Campers Limited will provide insurance cover for all the
Vehicles that they will be hiring out.
40. The Hirer will be fully indemnified in respect to any loss or damage to
the vehicle, accessories, additional costs such as towing, salvaging or any
recovery that is needed at the cost and expense of the Owner, the Hirer
will need to compensate Sunta Campers Limited.
EXCLUSIONS OF INSURANCE
41. The Hirer acknowledges that Sunta Campers Limited insurance
detailed in the above section will not be valid where:
(a) the driver of the Vehicle is under the influence of alcohol or
any drug that affects his or her ability to drive the Vehicle;
(b) the Vehicle is in an unsafe or unroadworthy condition, such
condition arising during the course of the hire, that caused
or contributed to the damage or loss, and the Hirer or
driver was aware or ought to have been aware of the
unsafe or unroadworthy condition of the Vehicle;
(c) the Vehicle is operated in any race, speed test, rally or
contest or any practice run prior to such an event;
(d) the Hirer is not a body corporate or government
department and the Vehicle is driven by any person other
than the Hirer or an Authorised Driver;
(e) the Vehicle is driven by any person who at the time he or
she drives the Vehicle is disqualified from holding a driver’s
licence appropriate for that Vehicle or is otherwise an
unlicensed person;
(f) the Vehicle is wilfully or recklessly damaged by the Hirer or
an Authorised Driver, or driving the Vehicle under the
authority of the Hirer, or is lost as a result of the wilful or
reckless behaviour of the Hirer or any such person;
(g) the Vehicle is operated outside the terms of this Rental
Agreement;
(h) the driver is convicted of committing a traffic offence while
driving the Vehicle;
(i) Any type or grade of fuel or any other substance that is not
specified as appropriate for the Vehicle by Sunta Campers
Limited or the Vehicle’s manufacturer is injected or placed
into the Vehicle’s fuel tank.
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(j) The vehicle is operated on the following roads and
locations; Ball Hutt Road (Mt Cook), Skippers Canyon
(Queenstown), Ninety Mile Beach, Cape Colville to Port
Jackson (Coromandel), any beach site, through any river
or stream.
(k) Any damage to glass, tyre damage, punctures, lost or
damaged keys occurs during your hire period.
CANCELLATION
42. Either party may cancel this Rental Agreement at any time if the other
party commits a material breach of the Rental Agreement.
43. Sunta Campers Limited may cancel this Rental Agreement and take
immediate possession of the Vehicle if:
i. the Vehicle is involved in an accident,
breaks down or requires repair or salvage;
ii. Sunta Campers Limited reasonably
determines that the Hirer or driver of the
Vehicle are unfit or unable to drive the
Vehicle or are likely to breach the
obligations set out in these Terms and
Conditions; or
iii. Sunta Campers Limited is required by the
Police or any other regulatory authority to
take possession of the Vehicle from the
Hirer.
44. Cancellation of this Rental Agreement shall be without prejudice to the
rights of Sunta Campers Limited and the obligations of the Hirer under the
Rental Agreement or otherwise. In particular, the Hirer will remain liable
for all hire and additional charges payable under this Rental Agreement in
the event the cancellation is requested or caused by the actions or
omissions of the Hirer or an Authorised Driver.
45. Cancellation Charges If you cancel between 80 and 31 days before
pick up you will be charged 20% of the cost of rental. If you cancel
between 30 and 22 days before pick up you will be charged 40% of the
cost of rental. If you cancel between 21 and 7 days before pick up you will
be charged 75% of the cost of rental. If you cancel less than 7 days before
pick up or are a no show, you will be charged 100% of the cost of rental.
VEHICLE USE
46. The Hirer must not: (a) use or allow the Vehicle to be used for the
transport of passengers for hire or reward unless the Vehicle is hired with
Sunta Campers Limited knowledge for use in a passenger service
licensed under Part 4A of the Land Transport Act 1998 (Act).
b. sublet or hire the Vehicle to any other person;
c. allow the Vehicle to be operated outside his or her
authority;
d. operate the Vehicle, or allow it to be operated, in
circumstances that constitute an offence against
section 56, 57, 57AA, 57A or 58 of the Act;
e. operate the Vehicle or allow it to be operated in a
race, speed test, rally or contest;
f. operate the Vehicle or allow it to be operated in
breach of the Act, the Transport Act 1962, Land
Transport (Road User) Rule 2004 or any other Act,
regulations, rules, or bylaws relating to road traffic;
g. operate the Vehicle or allow it to be operated for the
transport of more than the number of passengers or
more than the gross vehicle mass specified in the
certificate of loading for the Vehicle;
h. drive or allow the Vehicle to be driven by any person,
if at the time of driving, the driver is not the holder of a
current driver’s licence appropriate for the Vehicle;
i. drive or allow the Vehicle to be driven off-road or on
any of the roads listed in clause 38(i) above. For the
purposes of this Rental Agreement, “off-road”
includes, but is not limited to, any beach, dirt track,
river bed or an area likely to damage the Vehicle;
j. allow the Vehicle to be driven by any person who is
not named or described in the Rental Agreement as
an Authorised Driver;
k. operate the Vehicle or allow it to be operated to
propel or tow any other vehicle, unless the Vehicle
has a tow bar;
l. transport any animal in the Vehicle with the exception
of disability assist dogs certified under the Dog
Control Act 1996;
m. operate or allow the Vehicle to be used in
involvement with any illegal activity; or
n. Allow any person to smoke in the Vehicle.
HIRER’S LIABILITY FOR INFRINGEMENT OFFENCES
47. The Hirer is liable for all penalties incurred during the Hire Period
related to traffic and/or parking offences, including infringement fees for
speeding offences, failure to comply with traffic signals, toll offences,
parking violations and vehicle clamping fees.
48.Sunta Campers Limited undertakes, in the event of receiving a notice
of any traffic or parking offence, to send a copy of the infringement notice
and a copy of any reminder notice to the Hirer as soon as is practicable.
49. The Hirer also authorises Sunta Campers Limited to provide such
necessary information to the relevant issuing enforcement authority for
such notices to be directed to the Hirer.
50. The Hirer has the right to challenge, complain about, query or object to
the alleged offence to the relevant 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).
51. An administration of $30 fee will be a cost that the Hirer will be
accountable for in regards to hirer’s liability for infringement fee.
RESOLUTION TO ANY DISPUTES THAT MAY ARISE
60. If a dispute arises between the parties, the Hirer and Sunta Campers
Limited personnel at the Return Location shall raise and attempt to
resolve such dispute as soon as practicable. If the dispute remains
unresolved, the Hirer agrees to contact Sunta Campers Limited at a later
time to discuss the matter and attempt to resolve the problem in good
faith.
PRIVACY ACT
61. Under the Privacy Act 1993, individuals have rights of access to and
correction of their personal information.
62.Sunta Campers Limited has collected information from the Hirer for the
purposes of assessing the Hirer’s request to hire a motor vehicle and
completing this Rental Agreement.
63.The Hirer acknowledges that Sunta Campers Limited 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 Sunta Campers Limited.
64.Sunta Campers Limited may also disclose personal information to its
related companies, agents, assigns, associates and transferees for these
purposes. The Hirer further acknowledges that such personal information
may be disclosed to debt collection agencies and/or the Hirer’s Credit
Card provider in the event that the Hirer defaults on the payment of any
monies owing to Sunta Campers Limited, or other parties involved in an
accident with the Vehicle during the Hire Period, or any organisations
responsible for issuing, processing or handling traffic and/or parking
related infringements and/or fines or any petrol stations in relation to nonpayment for goods and services, and the Hirer authorises the disclosure
of his or her personal information for such purposes.
Please sign here as acknowledgement that
you understand the terms and conditions:
…………………………………….
Hirer
……………………………………..
Date
