Terms and Conditions

This rental agreement is made on the date specified in the schedule on the reverse side hereof ('the Schedule') between myway new zealand auto rentals ('the owner') and the customer whose name and address appears in the Schedule ('the hirer'). The owner and the hirer agree as follows:

1. Vehicle Description
The owner will let and the hirer will take on the motor vehicle described in the Schedule ('the vehicle') on the terms set out in this agreement.

2. Duration of hire
The term of hire shall commence and cease at the time and dates specified
in the Schedule. (Note: Car charges are on a 24-hour basis.)

3. Persons who may drive the Vehicle
The vehicle may be driven during the period of the hire only by the persons named in the Schedule, and only if they hold a current driver's license. (Note: only persons 21 years and over maybe hirers and authorized drivers).

Payment by Hirer
a) The hirer shall pay the owner as payment for the hire of the vehicle for the agreed period the sum specified in the Schedule. (Note: included in the hirer agrees to pay are any costs in connection with the hire (including but not limited to parking and speed camera fines, puncture repair and relocation and cleaning fees as incurred in connection with the hirerís possession of the vehicle, including those which become apparent following termination of the hire. The hirer authorizes the owner to debit his charge card for the same.

b) In addition to the payment specified in clause 4 the hirer shall pay to the owner the sums specified in the Schedule for Insurance Cover as set out in this agreement.

c) The hirer shall pay for all petrol or diesel (but not oil) used in the vehicle during the period of the hire.

4. Hirer's Obligations
The hirer shall ensure that all responsible care is taken in handling and parking the vehicle and that it is left securely locked when not in use. (Note: This clause requires all responsible care to be taken for the vehicle. Animals are not permitted in the vehicle at any time).

Insurance
a) Subject to the exclusions of that set out below, the hirer and any other driver authorized to drive the vehicle if fully indemnified in respect of any liability that he she might have to the owner in respect of the loss of or damage to the vehicle and it's accessories and spare parts and any consequential loss of revenue or other expenses of the owner, including towing and salvage costs associated with the recovery of the vehicle and it's accessories and spare parts.

b) Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is indemnified up to a limit of NZ$2,000 000.00 In respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of use of the vehicles.

c) Option 1: Insurance excess $750.00 (NZD)
Option 2: Insurance excess reduced by paying an additional fee.

Exclusions
Excess options do not cover water submersion or salt-water damage,damage or loss to lights, tyres, underbody and vehicle interior, and any damage caused from the use of snow chains and rook rack systems. All excess options are void if the terms of the rental agreement are breached.

Bond
a) A bond is required for all hires. You will be asked to sign a separate security bond in the form of a credit card imprint, or give cash deposit. This bond is held by myway new zealand auto rentals and is not banked; it is our guarantee that the vehicle will be returned on time and in the condition that it was hired in.

b) The owner reserves the right to bank the bond or CDW excess for a period of up to 3 months after the termination of the hire agreement to cover the cost of un-notified parking or speeding infringements or damage to third parties of their property.

c) Where the third party causes damage the hirer is liable for any costs that are not recoverable from the third party.

5. Insurance Exclusion
a) Standard Excess, Excess Reduction Option 1 and Excess Reduction Option 2 do not cover water submersion or salt water damage.

b) Personal belongings are not covered. We recommend the hirer does not leave valuables in the vehicle and should take out personal insurance.

c) All Excess Reduction is void if the terms of the Rental Agreement are breached. The hirer will be responsible for the total cost of any damage. This will also include any damage caused by willful conduct (e.g. sitting or standing on the bonnet or roof of the vehicle) and driving under the influence of alcohol or drugs.

d) The vehicle is willfully or recklessly damaged by the hirer or any other person named in the Schedule to this agreement or driving the vehicle under the authorization of the hirer, or is lost as the willful or reckless behavior of the hirer or any such person. (Note: Punctures, damage to tyres, rims, burning out a clutch and any damage arising from using the vehicle to propel any other vehicle are regarded as willful or reckless damage.).

e) Standard Excess, Excess Reduction Option 1 & 2 does not cover the incorrect use of fuel (fuel being diesel or petrol). The hirer will be responsible for any associated cost.

f) The Hirer will be responsible for the cost to retrieve or recover a vehicle, which has become bogged, regardless of the Excess Reduction Package taken.

g) The vehicle is operated in any race, speed test, rally or contest.

h) The hirer is not a body corporate or department of State and the vehicle is driven by any person not named in the Schedule to this agreement.

i) The vehicle is by any person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driverís license appropriate for that vehicle.
j) The vehicle is operated on any of the following roads:

• Ninety Mile Beach (Northland)
• Skippers Road, Queenstown
• Roads North of Colville Township
• Ball Hutt Road (Mt Cook)

k) The vehicle is operated outside of the hire or any agreed extension of that term.

l) It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constitutes a contract of insurance.

m)The hirer acknowledges that he/she shall be liable in respect of the first of the damage or loss referred to in the insurance cover specified in this clause to the amount of the excess shown in the Schedule. This does not apply to damage or loss resulting from the theft or conversion or attempted theft or conversion of the vehicle.

6. Owners Obligations
a) The owner shall supply the vehicle in a safe and roadworthy condition.

b) The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of hire except that by the terms of this agreement those costs are payable by the hirer. (Note: the hire shall as soon as practicable and in any event within 24 hours notify the owner of any complaints, defects or failure of the vehicle, or claims against the owner of it's agents. If the hirer fails to do so the hirer may be deemed to have waived the same and the company will not be liable for any claims resulting there from).

c) Any mechanical or towing expenses required for the vehicle must be authorised by the owner prior to the repairs or towing taking place. Failure to authorise these expenses may result in the hirer being held liable for the costs

7. Mechanical Repairs and Accidents
a) Any problems associated with the vehicle, including equipment failure, must be reported to myway new zealand auto rentals as soon as possible, and within 24 hours in order to give myway new zealand auto rentals the opportunity to rectify the problem during the rental. We do not accept liability for any claims submitted after this period.
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b) The hirer shall ensure that no persons shall interfere with the distance recorder or speedometer, or except in an emergency, or any part of the engine, transmission, braking or suspension system of the vehicle.

8. Use of the Vehicle
The hirer shall not use or permit to use the vehicle to be used for the carriage of passengers for hire or reward, unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part 1 of The Transport Services Licensing Act 1989.

The hirer shall not:
a) Sublet or hire the vehicle to any other person

b) Operate the vehicle or permit it to be operated his/her authority.

c) Operate the vehicle, or permit it to be operated in any race, speed, rally or contest.

d) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976 or any other Act, regulations or by laws relating to road traffic.

e) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight or goods specified in the certificate of loading for the vehicle.

f) Drive or permit the vehicle to be driven by any other persons if at the time of his driving the vehicle the hirer or any other person is not the holder of a current driver's license appropriate for the vehicle.

9. Return of the Vehicle
The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the Depot detailed on the Schedule, or obtain the owners consent to the continuation of the hire. (Notes: No refund is available to the hirer if the vehicle is returned earlier than stated in the Schedule). The vehicle is to be returned in a clean and tidy condition. The vehicle is to be returned with a full tank of petrol/diesel (whichever is applicable). If not returned to the depot detailed. A relocation fee may be charged.

10. Immediate return of the Vehicle where Default or Damage
The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the Terms and Conditions of this agreement or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreementor otherwise.