Apex Rental Car New Zealand Terms and Conditions

1. Parties

This agreement sets out the terms and conditions of hire entered into between the cardholder and the person taking possession of the vehicle (hereinafter jointly and severally referred to as “the hirer”) and Apex Car Rentals hereinafter referred to as "the owner".

2. Vehicle Description

"The owner" will let and "the hirer" will take on hire the vehicle detailed on the Rental Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".

3. Authorised Drivers

Only those persons named on the Rental Agreement shall be permitted to drive any of the vehicles supplied under this agreement, and then only if those persons hold a current full (non-probationary) drivers licence appropriate for the vehicle at the time that they are driving the vehicle. The minimum age for drivers is 21 years.

4. Terms of the Hire and Vehicle Charges

The owner agrees to provide, and the hirer agrees to purchase the car rental services described on the Rental Agreement.

The hire will terminate when the vehicle is returned to the rental location specified on the Rental Agreement. Any unauthorised late return will attract a surcharge of $20 per hour (up to 4 hours) and $80 per day thereafter in addition to the daily rate. Please phone Apex if you wish to extend your rental, and if this is possible we will always oblige. Vehicle hire charges are non-refundable and non-transferable. In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund applies.

5. Other Products and Services

The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.

6. Total Charges for Vehicle Hire and Other Products and Services (Including GST):

The hirer is responsible for the correct fitting and use of any accessories supplied. The hirer is fully liable for the full replacement cost up to $500 per item in the event that any of the accessories detailed on the Rental Agreement are lost, stolen or damaged.

7. Acceptance of Rental Terms & Conditions

The hirer agrees to be bound by all of the terms and conditions of hire. The hirer acknowledges that he or she is fully liable for any excess owing due to damage of the rental vehicle (see clause 13) irrespective of fault.

Refer to clause 14 for collision damage waiver (CDW) conditions.

The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the hire and that the owner is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement. The cardholder and the hirer are jointly and severally liable under the terms of this agreement.

8. Use of the Vehicle

8.1 The hirer must 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 knowledge of the owner for use in a passenger service licensed under part 4A of the Land Transport Act 1998.

8.2 The hirer must not:

• (a) Sublet or hire the vehicle to any other person;

• (b) Allow the vehicle to be operated outside his or her authority;

• (c) Operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act 1998.

• (d) Operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;

• (e) Operate the vehicle or allow it to be operated in breach of the Land Transport Act 1998, the Land Transport (Road Safety and Other Matters) Amendment Act 2011, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;

• (f) 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;

• (g) 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 full (non-probationary) driver licence appropriate for the vehicle;

• (h) Operate the vehicle, or allow it to be operated to tow or propel any other vehicle, except any luggage trailer supplied by the owner.

8.3 The hirer shall ensure that:

• (a) All reasonable care is taken when driving and parking the vehicle;

• (b) The vehicle is locked and secure at all times when it is not in use;

• (c) No person interferes with any part of the engine, transmission, braking or suspension systems;

8.4 The hirer shall ensure that no person smokes inside the vehicle.

8.5 The hirer shall ensure that a copy of this agreement is:

• (a) Kept in the vehicle throughout the term of the hire; and

• (b) Produced without delay for inspection on demand by an enforcement officer.

9. Petrol and Other Fuel

9.1 The hirer is responsible for the cost of fuel used during the hire.

9.2 If the hirer elects to take the fuel purchase option at the start of the hire, no refund is made for remaining fuel on return of the vehicle.

9.3 If the fuel purchase option has not been taken at the start of the hire, then the vehicle should be returned with a full tank. In the event that the vehicle is returned with less than a full tank a $25 refuelling surcharge applies. The hirer is absolutely liable for the cost to refuel the vehicle and the refuelling surcharge.

10. Activation of Warning Lights, Breakdown and Mechanical Repairs

10.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either the owner or AA Assist.

10.2 The hirer shall not arrange or undertake any repairs or salvage without the owner’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair.

10.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, the owner will refund to the hirer the rental charges that relate to the period during which the car could not be used. The owner undertakes to arrange repair or replacement with another vehicle as soon as practicable.

11. Accidents

11.1 In the event of an accident the hirer shall:

• (a) Notify the owner of the full circumstances as soon as practical;

• (b) Notify the NZ Police if the accident involves injury;

• (c) Record full details of all parties, witnesses to and vehicles involved in the accident;

• (d) If possible, prepare a written statement of the facts signed by all parties. If agreement can not be reached, obtain a copy of the Police report;

11.2 In the event of an accident the hirer shall not:

• (a) Make any admission of liability;

• (b) Arrange or undertake any repairs or salvage without the owner’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

11.3 In the event that an accident renders the vehicle unfit to drive, the owner will make no refund for the unused hire period (including CDW 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 made available at the closest branch, 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 CDW cover for the replacement vehicle.

12. Insurance

12.1 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss of or damage to the vehicle and its 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 its accessories and spare parts.

12.2 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is indemnified to the extent of $1,000,000 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 the use of the vehicle. This indemnity does not apply to any property being transported in the vehicle at the time of the accident.

12.3 Exclusions
The indemnities above shall not apply where the damage, injury or loss arises when:

• (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 that arose during the course of the hire and 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 contravention of clause 8.1, 8.2 or 8.3 of this agreement. In respect of breaches of clause 8.2 (e), this exclusion shall only apply where in the reasonably held opinion of the owner such a breach is wilful, reckless, or of sufficient gravity that it results in the driver being disqualified from driving in New Zealand for any period (loss of licence).

• (d) The vehicle is driven by any person not named in clause 3 of this agreement;

• (e) The vehicle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;

• (f) The vehicle is operated off-road or on any beach including Ninety Mile Beach and Te Paki stream bed.

• (g) ALL vehicles (including 4WD vehicles) are prohibited from driving on ALL 4WD tracks.

• (h) The following roads are also specifically excluded: Skippers 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.

• (i) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers or flooded fords.

• (j) The vehicle is operated outside the term of the hire;

• (k) The vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;

• (l) The vehicle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle, such as a surfboard or bicycle;

12.4 The indemnities in clauses 12.1 and 12.2 shall not apply to the amount of the hirer’s liability for damage specified in clause 7.

13. Hirer’s Liability for Damage

13.1 In the event that the hirer elects not to purchase CDW, the hirer is absolutely liable for any damage (including damage caused by hail, storms, earthquake or other natural disasters) up to the amount specified in clause 7 irrespective of fault.

In this context damage includes:

• (a) Any and all damage to the vehicle including windscreens, tyres, break-in or vandalism, theft, fire, towing and recovery costs.

• (b) Damage to third party property;

• (c) Loss of use of the vehicle by the owner during the period the vehicle is off fleet for repair. This period is charged at the daily rental rate for the vehicle shown in clause 4.

13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.

14. Collision Damage Waiver

14.1 Collision Damage Waiver (CDW) reduces the hirer’s liability for damage under clause 13 to the agreed excess (deductible) subject to the following conditions and exclusions.

CDW does not cover damage or loss associated with:

• (a) Any of the circumstances detailed in clause 12.3;

• (b) Cost of recovering a car that has become bogged or immovable;

• (c) Cost of replacement of lost or stolen car keys;

• (d) Cost associated with the incorrect use of or contamination of fuel (diesel or petrol);

• (e) Cost of repair or replacement of other products detailed in clause 5;

• (f) Costs arising under clause 15.

14.2 In the event that the vehicle is replaced under clause 11.3, CDW is not transferable to the replacement vehicle.

15. Hirer’s Liability for Cleaning Charges

15.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or deodorising, the hirer is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle.

Such charges include but are not limited to cleaning of:

• (a) Spillage of fluids such as drinks, milk, oil, paint, etc.;

• (b) Perishable food;

• (c) Removal of hair, stains and odours due to animals in the vehicle;

• (d) Fish and associated smells;

• (e) Vomit;

• (f) Cigarette/cigar smoke smells.

16. Petrol and Administration Charges

16.1 In the event that the Owner receives an unpaid toll notice relating to the period the vehicle was on hire, the owner will charge the hirer a $25.00 administration fee for transfer of liability of the notice to the hirer.

16.2 In the event the Owner receives an infringement notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire:

• (a) The Owner will notify and provide the Hirer details of the infringement notice as soon as is practical.

• (b) Provide the necessary information to the relevant authority for such notices to be directed to the Hirer.

• (c) An administration fee of $50 will be charged to the Hirer for transfer of liability for the notice to the Hirer.

• (d) The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.

• (e) The Hirer has the 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.

16.3 If the fuel purchase option has not been taken at the start of the hire, then the vehicle should be returned with a full tank. In the event that the vehicle is returned with less than a full tank a $25 refuelling surcharge applies. The hirer is absolutely liable for the cost to refuel the vehicle and the refuelling surcharge.

17. Return of the Vehicle and Termination of the Hire

17.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys) to the location specified in clause 4 of the agreement, or obtain the owner’s consent to the continuation of the hire. Changes to the return date and time and/or return branch are subject to vehicle availability and may not always be possible.

17.2 If the vehicle is returned to a different location than that specified in clause 4 without the owner’s prior consent an additional fee of up to $800 may be charged at the owner’s sole discretion.

17.3 The owner shall have the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle, including towing charges, in any of the following circumstances:

• (a) The hirer is in breach of any material term of this agreement;

• (b) The hirer has obtained the vehicle through fraud or misrepresentation;

• (c) The payment for the rental is in arrears;

• (d) The vehicle appears to be abandoned;

• (e) The vehicle is not returned on the agreed return date;

• (f) The vehicle is damaged;

• (g) The owner considers, on reasonable grounds, that the vehicle is endangered.

• (h) The NZ Police recommend that the owner terminate the hire in the interests of road safety.

In the event of such termination or repossession the hirer has no right to a refund of any part of the rental charges. The termination of the hire under this clause shall be without prejudice to the other rights of the owner under this agreement or otherwise.

18. Calculation of Charges

18.1 The owner calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.

18.2 Extensions authorised by the owner are charged at the same daily rate as the original rental.

18.3 All transactions under this agreement are calculated in New Zealand dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. The owner accepts no liability for any such variations.

18.4 The hirer will be responsible for the entire cost of the hire should the hirer’s agent’s voucher they present not be paid within 60 days by the hirer’s agent. The total payment will be charged to the hirer’s credit card given to the owner as a security bond. The hirer agrees their only recourse is through the hirer’s agent in the event of such an occurrence.

19. Release and Indemnity of the Owner

19.1 The hirer releases the owner and its employees and agents from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.

19.2 The hirer hereby indemnifies and shall keep indemnified the owner and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the hirer by reason of the hirer’s use and/or possession of the vehicle.

19.3 Any indemnity required of the hirer shall not operate to indemnify the owner in respect any negligent act by the owner.

20. Personal Injury, Personal Property and Storage of Property

20.1 Physical injuries as a result of an accident while in New Zealand are covered in most cases under the IPRC Act 2001.

20.2 The owner strongly recommends that all people travelling in New Zealand take out Personal Travel Insurance. The owner does not accept any liability for:

• (a) Personal injuries sustained during the rental;

• (b) Damage or loss of the hirer’s personal property;

• (c) Property belonging to any other person which is carried in the vehicle.

20.3 In the event that the hirer or any other person leaves any property with the owner for any reason this is entirely at that person’s own risk and the owner will not accept any liability for damage or loss for any reason whatsoever.

21. Claims Against Third Parties

21.1 The owner is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss including the hirer’s liability paid to the owner. The owner will provide an invoice for any amount paid to the owner by the hirer.

21.2 In the event that the hirer arranges alternate insurance cover (including complimentary credit card insurance) for the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the full sum directly to the owner and the owner will provide an invoice for the sum paid. It is not the owner’s responsibility to provide to the hirer or any other party alternate repair quotes, police reports, photographs or any other information that may be required to substantiate the hirer’s subsequent claim on their insurance.

22. Privacy Act

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.

23. Payment Options

23.1 Apex accepts credit cards issued by Visa, Mastercard, American Express, China Union Pay, or Union Pay International. 

23.2 You can pay for your car hire using cash at the start of the rental. However, all rental agreements must be secured by a Visa, Mastercard, American Express, China Union Pay, or Union Pay International credit card or bank issued Visa or Mastercard debit card.

23.3 You can pay for the rental using a bank issued Visa or Mastercard debit card, an eftpos debit card, or a non-bank issued Visa or Mastercard debit card. However, all rental agreements must be secured by a Visa, Mastercard, American Express, China Union Pay, or Union Pay International credit card or bank issued Visa or Mastercard debit card.

23.4 If you are unable to supply an accepted credit card (Visa, Mastercard, American Express, China Union Pay, or Union Pay International) or a bank issued Visa or Mastercard debit card you will not be able to rent from Apex.

24. Drivers Licence Requirements

24.1 Make sure your driver licence is valid and has been translated (if required).

24.2 You must have your current and valid driver licence with you at all times when driving in New Zealand.

24.3 If you have an International Driving Permit you must also carry your current and valid driver licence.

24.4 If your overseas driver licence is not in English, you must carry an accurate English translation issued by one of the following:

• A translation service approved by the NZ Transport Agency (a list is available at www.nzta.govt.nz/licence/residents-visitors/translators.html)

• Apex recommends the Trans National Ltd translation service (www.transnational-ltd.co.nz)

• A diplomatic representative at a high commission, embassy or consulate

• The authority that issued your overseas licence

25. One Way Rentals - Apex permits vehicles to go on the ferry for interisland crossings.

IMPORTANT NOTE: An International Driving Permit (issued in accordance with a United Nations Convention on Road Traffic) is acceptable only as a translation.

 

Please note:  Maximum rental period per rental is 100 days

在本网站预订的条款

免责声明
本网站上的租车费用通常会有大幅的折扣。 这是通过我们的协议价格和大宗购买力而制定的。 在极罕见的情况下，由于我们或车辆供应商的错误，租车费率可能会被不正确地显示。 在这种情况下，如果你是以不正确的租车费率与我们进行预订的，我们将通知您任何价格变动的情况，让您选择继续进行预订或取消。 我们会尽一切努力更新我们网站上的信息，但我们不能保证本网站是不存在错误或遗漏的，并保留随时更新或更改已发布的信息的权利。

责任
对于因您依赖于本网站包含的信息，包括但不限于您使用（或无法使用）任何本网站所描述的，或通过本网站所购买的产品或服务而导致的任何直接，间接或后果性的损失或损害（包括但不限于：任何意外，受伤，延误或丧失享受），在法律允许的范围内我们/网站所有者对您（或任何第三方）将不承担责任（无论是在合同，民事侵权行为或其他方式）。

当您提取车辆时，你将被要求签署与车辆供应商之间的租赁协议。 您对车辆的租赁和使用将受租赁协议的条款及提车时由供应商提供给您的任何其他文件或资料的管辖。 该租赁协议是您与供应商之间签署的，我们对您（或任何第三方）将不会就租赁协议的条款及提车时由供应商提供给您的任何其他文件或资料而承担任何责任。

虽然我们将尽合理努力，以确保我们仅代表信誉良好的供应商，但是我们不保证有关的任何第三方（供应商）的产品或服务的适用性或适合性，也不会承担任何车辆的质量或适用性方面的责任。 我们欢迎我们的客户根据其与供应商的体验给予反馈意见。 我们可以行使我们的自由裁量权，在解决您与租车提供商之间可能产生的任何争议时，为您提供合理的协助。

关于您使用本网站及本网站所载的资料，我们对您所负的总体责任将不会超过您所支付给我们的，与预订/租车有关的预付订金的金额。 因恶劣天气而取消的预订将不会得到退款。 同样，我们强烈建议您购买旅游保险。您对本网站的使用是由新西兰的法律，以及新西兰法院的司法管辖权所管辖的。

预订信息
如需预订，您必须完成我们的预订表格，该表格方便使用且采用了最新的加密技术。 我们一旦收到您的表格，将视车辆的可用情况，通过电子邮件确认您的预订，并会发送给您确认凭证和发票。 您需要预付订金以确保租到您要的车辆（如保证预订页面上所显示的），在您的预订得到确认后，该订金只能使用信用卡支付。 请注意，当您使用信用卡或借记卡付费时要被收取1.95％的手续费。

如果您是通过电话预订的，请确认您已经事先阅读了与您想租赁的车辆相关的条款和条件。 我们负责预订的顾问会询问您是否已阅读并同意这些条款，然后才会继续为您履行预订。 车辆承租人应该始终有责任确保自己充分了解我们的网站上所显示的各项条款。

信息披露
在本网站上预订，您明白我们会透露您的信息给您所选择的租车供应商，以提供所要求的租赁服务。

车辆的载客人数和驾驶的适宜性
在任何情况下搭乘您的车辆的人数都不得超过您所租赁的车辆合法注册的乘客人数，如果您的做法违反了这项规定，您的保险可能会无效。 车辆上安全带（和乘客）的数量均在本网站上的每个车辆旁边注明。 其中所显示行李箱容量仅仅是一个指示值，如果您无法将您的全部行李装入车中，我们概不负责。 您有责任选择一个在您的能力范围内的旅程。 车辆供应商可以拒绝将车辆出租给任何他们认为不适合开车或不符合资格要求的人。 在这种情况下，我们无需向您承担任何其他责任。

退款政策
我们致力于为客户提供优质的服务，目标是让客户完全满意。 在出现取消的情况下，任何退款或处罚的详细情况均载列于您所选择的车辆的条款和条件中，你在接受预订时已被要求阅读这些条款和条件。 如果您对我们的服务不满意，请在预订（或预订的要求）作出后的48小时内与我们联系,我们将努力解决任何问题，并确定是否需要进行补偿。 如果您的租车过程已经结束，而您对您所租赁的车辆不满意，我们很乐意协助您从租车服务提供商那里要求赔偿。

本网站是由Car Rental Republic Ltd所拥有和经营的，它是在全球范围内专项进行汽车租赁分销业务的。 我们的金融中心和营销办事处设在Level 4 Excelsior House, 6 Commerce St , Auckland, New Zealand。 感谢您与我们预订。