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Following are the definitions of the various terms used in our rental agreement document.
'I', 'me', 'my' refers jointly and severally to the person or persons who are the Customer.
'This Agreement' means the Rental Agreement. In the event of any discrepancy between Parts A, B and C of the Rental Agreement, the Terms and Conditions contained in part C will apply.
'easygo Campers, easygo, Pacific Horizon Motorhomes, and the Owner' means Pacific Horizon Limited, 824 Wairakei Road, Airport, New Zealand.
'Customer' means the person or persons nominated as the hirer under, the heading Hirer's Details, any person(s) listed under the heading Additional Authorised Driver Details, any person(s) who sign the acceptance of the terms and conditions of the Rental Agreement and any person(s) whose credit card(s), cash or traveller’s cheques are presented in payment of the Rental Charges.
'Additional Authorised Driver Details', anyone person who signs the clauses pertaining to Hirer's Liability on the Rental Agreement, any person who signs the acceptance of the terms and conditions of the rental agreement and any person whose credit card is presented in payment of the Customer's charges.
'Living Equipment' includes, but is not limited to crockery, cutlery, cooking utensils, sleeping bags, pillows, sheets and towels.
'Rental Charges' means all charges and costs associated with the rental.
'Compulsory Insurance' means the insurance that must be paid by the hirer for the rental period, either through inclusion in the daily tariff or directly to easygo Campers, as specified in the Confirmation of Booking supplied by easygo Campers.
'Vehicle Security Guarantee' means the guarantee by the customer to cover all costs described under Vehicle Security in Part C of the Rental Agreement.
'Cash Vehicle Security Excess' means a Excess payment that has been made with New Zealand dollars cash or travellers cheques to cover the Vehicle Security Guarantee and the Excess Guarantee.
'Excess Waiver Payment' means the additional daily payment to reduce the excess on the insurance to nil.
'Vehicle Security Deposit' means the security payment or credit card imprint on the rental agreement if the excess waiver option is chosen.
'Excess' means the amount that the hirer is liable with respect to each and every instance of loss or damages as specified in the section 'Excess' under 'Hirer's Liability' on Part A of the Rental Agreement.
'Rental Agreement' means the parts A, B and C of the documents headed Agreement To hire Rental Vehicle and the document(s) headed Change of Rental Vehicle.
'Confirmation of Booking' means the document, electronic or physical, produced by easygo campers on confirming a hire(s), and presented to the person(s) or company(s) who have made the booking directly with easygo Campers. Where a customer has used third party to make the booking on their behalf, it is the document presented by easygo Campers to that third party.
'Rental Period' means the hire period referred to under the heading 'Hire Details' on the Rental Agreement or any agreed variation thereof and any additional period during which the Vehicle is in the Customer's possession or control.
'Vehicle' means the Vehicle described under the heading 'Vehicle Details on the Rental Agreement and includes tyres, tools, accessories, camping utensils, the Living Equipment and any other special equipment or documents related to the Vehicle and any replacement or substitute Vehicle which may be provided at the discretion of easygo Campers.
(a) I acknowledge having received the Vehicle in a clean condition and in sound working order in accordance with the vehicle condition and stock report and with a full fuel tank. (b) I will return the Vehicle in a clean condition and with a full fuel tank and on the return date, time and location set out under the heading 'Hire Details' in the Rental Agreement. (c) I acknowledge that I cannot change the return location without the prior consent of easygo Campers Reservations Centre in Wellington, and that such an alteration may incur an additional relocation charge of up to NZ$750.00.
I will pay easygo Campers (a) all rental charges. (b) all Compulsory Insurance. (c) the nominated cleaning fee if the Vehicle is not returned with the interior in a clean condition. (d) the nominated additional fee if the toilet and waste water tank (if applicable) are not emptied prior to the return of the Vehicle. (e) the nominated cancellation fee in the event of cancellation of this Agreement prior to acceptance of delivery of the Vehicle. (f) the cost of any damage to the Vehicle or the property of any third party (subject to the Excess or Excess Waiver option). (g) any Excess Waiver payments. (h) all government fees and duties etc. (i) all parking fines, other fines or penalties, and/or accidents including third party property damage not reported on return of the vehicle: and associated administration costs incurred in relation to the Vehicle during the Rental Period. (j) any other fees or charges payable by me pursuant to this Agreement. This includes any costs incurred by easygo Campers as a result of any breach by me of the terms of this Agreement. (k) the cost to retrieve or recover a vehicle which has become bogged, regardless of Excess Reduction taken.
Total charges as set out herein are not final. I will pay any shortfall in charges to easygo Campers and I will receive a refund for any overcharges acknowledged by easygo Campers.
All charges and expenses payable by me under this Agreement are due on demand by esygo Campers. If I do not pay all charges when due, I agree to pay a late charge of 1.5% per month on the outstanding balance and any collection costs incurred by easygo Campers, including administration, collection and reasonable legal fees. When the Customer comprises more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this Agreement.
(a) easygo Campers will accept payment by credit cards, approved by easygo Campers; (b) When payment is made by credit card, I agree that:
(i) easygo Campers is irrevocably authorised to complete any documentation and to take any other action to recover from my credit card issuer all amounts due by me pursuant to this Agreement, including, but not limited to, any outstanding Rental Charges not paid to easygo Campers, any amounts due in respect of damage to the Vehicle or to property of a third party and all other additional charges as that are incurred (including all parking and traffic infringement penalties, road toll fines and associated administration costs).
(ii) I will not dispute my liability to easygo Campers for any amount due under this Agreement and I shall indemnify and keep indemnified easygo Campers against any loss incurred (including legal costs) by reason of notifying my credit card issuer of such dispute.
(iii) easygo Campers may process the credit card voucher. In the event that easygo Camper selects to accept payment of the Vehicle Security Deposit by holding a signed and authorised open credit card voucher, I agree that easygo Campers is entitled to recover payment from my credit card issuer pursuant to paragraph (i) in respect of any amounts due which were not known at the time of return of the vehicle.
(c) I acknowledge that all transactions under this Agreement are conducted in New Zealand dollars. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against my credit card and the amount refunded. I release easygo Campers from any liability for such variation.
I warrant that all information supplied by me to easygo Campers in connection with this Agreement is true.
I agree that, where applicable, I may use a Travel Agent or Travel Wholesaler to forward deposits and other payments to easygo Campers on my behalf, but that Travel Agent or Travel Wholesaler is not an agent for the purpose of receipt of monies. I further acknowledge that a voucher or any another guarantee of supply provided by my Travel Agent or Travel Wholesaler is not considered an acceptable guarantee, or form of payment by easygo Campers, and does not exclude my liability.
I acknowledge that I am aware that: (a) the Vehicle is insured for damage to the Vehicle or the property of a third party, except where outlined in the Rental Agreement. (b) I will have to pay an Excess in respect of any damage as detailed in the Part A of the Rental Agreement. (c) the excess may be reduced or removed, in most circumstances, by taking out an Excess Waiver. The Excess Waiver, if any, accepted by me, is set out under the heading 'Excess Waiver' on the Rental Agreement. (d) I will not have any insurance cover and I will be responsible for the total cost of any damage if I breach any of the terms of this Agreement. (e) the vehicle is not insured, and that I am responsible for, all damage within the vehicle, to accessories, tools, camping utensils, the Living Equipment and any other special equipment, documents related to the Vehicle and any replacement or substitute Vehicle, except where such damage is a result of a vehicular collision, and only as a result of a vehicular collision. (f) in the event of an accident or damage, if I do not correctly complete a full insurance form I may no longer be insured for that accident or damage. I further acknowledge that it is my responsibility to insure that I fill out a full insurance form where applicable, and to make sure where it is applicable that I do so. (g) in the event of an accident or damage involving a third party, if I do not obtain the correct and full contact details of the additional party(s), I am liable for the excess amount of the insurance irrespective of who is at fault. (h) in the event of an accident or damage involving a third party, if it is not possible to obtain the excess amount of the insurance from that third party, I am liable for the excess amount irrespective of who is at fault. (i) in instances where there is an instance of loss or damage that is not covered by insurance, the amount due by me in respect of any damage arising from that incident loss or damage is payable by me from the date each incident of loss or damage occurred.
I acknowledge: (a) I must leave a Vehicle Security Guarantee. (b) The Vehicle Security Guarantee covers:
(i) The Excess Guarantee on the Compulsory Insurance except where removed with an Excess Waiver Payment.
(ii) any third party property damage.
(iii) a bond to ensure the vehicle is returned to the correct location, on time, in a clean and tidy condition, and as prescribed by This Agreement.
(iv) any additional Excess Waiver payments.
(v) any applicable charges, as outlined in the Possible Charges on Part A of This Agreement and Section 3 of Part C of This Agreement.
(vi) any additional costs incurred by easygo campers due to actions by, or at the request of, me.
(c) the Vehicle Security Guarantee must be covered by either a Vehicle Security Imprint or a Vehicle Security Cash Bond. Where a Vehicle Security Imprint cannot be produced, a Cash Vehicle Security Bond must be left. (d) the Vehicle Security Cash Bond will be set at equal to the value of the Excess Guarantee, irrespective of whether the Excess Guarantee or Excess Waiver option is selected, and must be in the possession of easygo campers before a hire can commence. (e) where I have left a Cash Vehicle Security Bond and the total cost of any charges guaranteed by me under the Vehicle Security Guarantee is greater than the Vehicle Security Cash Bond left in the possession to easygo Campers, I acknowledge, and accept liability of the additional costs which are due by me from the date those costs were incurred. (f) where there is a Cash Vehicle Security Bond, easygo campers will bank the monies, and the monies will be held by easygo campers, in their possession, for a period of 21 calendar days from the date the vehicle is returned. I further acknowledge that the monies will be returned to me in the form of a company cheque from easygo campers, in New Zealand Dollars, and that I am responsible for correctly presenting the cheque to my financial institution, and for any cost or charges incurred in the conversion of the cheque to another currency. (g) where a credit card imprinted for the Vehicle Security Imprint expires within 21 calendar days from the end date of my hire, I authorise easygo campers to debit my credit card for an amount equivalent to the Excess Guarantee amount as stated in the Confirmation of Booking from the date the hire commences, in which case the Vehicle Security Imprint will be considered, and treated as, a Cash Vehicle Security Bond. (h) where easygo camperss has cause to believe that there will likely be a charge(s) against my Cash Vehicle Security Bond, and that the charge(s) are not resolved before the 21 calendar days holding period, I authorise Pacific Horizon Limited to withhold my Cash Vehicle Security Bond until such time that all suspected charges have been resolved.
I acknowledge that: (a) the insurance cover of the vehicle contains an excess for each incident of loss or damage that I am liable for, and I must cover this excess with either the Vehicle Security Guarantee or Excess Waiver. (b) the excess is on a per incident basis. (c) where neither the Excess or Excess Waiver section of Part A of the Rental Agreement have been signed, the Excess option will apply by default, at the terms stipulated on the Confirmation of Booking. (d) I must sign the section 'Excess Waiver' on Part A of the Rental Agreement for the Excess Waiver option to be effected and, if not signed, the Excess option will apply by default, at the terms stipulated on the Confirmation of Booking. (e) I am bound by the terms regarding the Excess and Excess Waiver as stated in the Confirmation of Booking. In instances where there are discrepancies between what has been stated in the Confirmation of Booking, and what has been stated, or options selected, on Part A of the Rental Agreement, the terms as stated in the Confirmation of Booking will apply. (f) where there is a Cash Security Bond, easygo Campers will bank the monies, and the monies will be held by easygo Campers, in their possession, for a period of 21 calendar days from the date the vehicle returned. I further acknowledge that the monies will be returned to me in the form of a company cheque from easygo Campers, in New Zealand Dollars, and that I am responsible for correctly presenting the cheque to my financial institution, and for any cost or charges incurred in the conversion of the cheque to another currency. (g) where I select the option of the Excess Waiver, I must still leave a Vehicle Security Deposit in the form of an open credit card imprint, New Zealand dollars cash or traveller's cheques. I further acknowledge that where the Vehicle Security Deposit is paid in the form of New Zealand dollars cash or traveller's cheques, the deposit will be treated under the same conditions as with a Vehicle Security Cash Excess, and will be for the same value as the Excess, as stated in the Confirmation of Booking. (h) where I have chosen the Excess Waiver option, if I do not report an instance of accident or damage which is covered by the insurance, easygo Campers may deem that such damage occurred on the first day of hire. (i) where easygo Campers believes that there will likely be a charge(s) against my Cash Excess or Security Deposit, and that the charge(s) are not resolved before the 31 calendar days holding period, I authorise easygo Campers to withhold my Cash Vehicle Security Bond or security deposit until such time that all suspected charges have been resolved. (j) where a credit card imprinted for the Excess expires within 21 calendar days from the end date of my hire, I authorise easygo Campers to debit the Excess amount, in which case the Excess will be considered, and treated as, a Cash Excess. (k) where a credit card imprinted for the Security Deposit expires within 21 calendar days from the end date of my hire, I authorise easygo Campers to debit my credit card for an amount equivalent to the Excess amount as stated in the Confirmation of Booking , in which case the Security Deposit will be considered, and treated as, a Cash Excess. (l) where I have chosen the option of the Excess, for each instance of loss or damage, the value of the excess is due by me from the date each incident of loss or damage occurred. (m) where the cost(s) of repair or replacement for an instance of loss or damage is not known by easygo Campers at the time the Excess is deducted, easygo Campers may deduct the entire Excess amount and refund me the remainder once the relevant cost(s) have been established. (n) where I have chosen the option of the Excess Waiver, for each instance of loss or damage I must pay an additional Excess Wavier payment, proportionate to the number of days remaining of the hire period. I further acknowledge that the additional Excess Waiver payment is due by me from the date the incident of loss or damage occurred, and that easygo Campers may debit my Security Deposit for the amount.
I acknowledge that: (a) for hires of 7 days or longer, all kilometres (kms) used are at no additional charge. (b) for hires of less than 7 days, the equivalent of 250 kms per day for the total days length of the hire are included in the daily tariff, and any additional kms travelled will incur an additional fee as stated on Part A of the Rental Agreement. (c) Variations to a and b above can only be effective if stated in the Confirmation of Booking. where there are discrepancies between a completed rental agreement, and the conditions stipulated in the Confirmation of Booking, the terms as stipulated in the Confirmation of Booking will apply.
(a) Vehicles may only be driven on well maintained roads subject to the exceptions noted in the rental agreement. (b) I acknowledge that the Rental Agreement details certain areas which are prohibited to take vehicles, or into which they may travel only with the prior written permission of easygo Campers. (c) I acknowledge that easygo Campers reserves the right at any time, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions or for any other reasonable cause.
I agree that during the Rental Period, I will not and will not allow the Vehicle to be: (a) driven otherwise than in a cautious, prudent and normal manner. (b) used in a manner which could cause damage. (c) driven in a prohibited area or in an area other than the areas (if any) indicated by me to easygo Campers. (d) driven by a person under he influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law. (e) left with the ignition key in the Vehicle while it is unoccupied. (f) damaged by:
(i) submersion in water
(ii) contact with salt water
(g) used for any illegal purpose or in any race, rally or contest. (h) used to tow any vehicle or trailer; (i) used to carry passengers or property for hire or reward. (j) used to carry more persons than is permitted by any relevant Authority or detailed in the Vehicle manual or on the Vehicle or specified in this Agreement. (k) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material. (l) otherwise used in breach of my obligations under this Agreement.
I acknowledge that: (a) only persons nominated on the Rental Agreement under 'Hirer's Details' and 'Additional Authorised Diver Details' are permitted to drive the vehicle. (b) the minimum age for any driver is 21 years of age. (c) where there are driver(s) below 25 years of age, certain conditions apply as stipulated in the Confirmation of Booking. I further acknowledge that where there are discrepancies between a completed Rental Agreement, and the conditions stipulated in the Confirmation of Booking, the terms as stipulated in the Confirmation of Booking will apply. (d) all drivers must supply full and correct details, and must sign to acknowledge those details in Hirer's Details' or 'Additional Authorised Driver Details' (which ever is relevant) to be authorised to drive the vehicle.
I shall not make any alterations or additions to the Vehicle without the prior written consent of easygo Campers.
I will not allow any animals to be carried in, or enter the Vehicle. If any animal has been in the vehicle, it will be deemed to be soiled.
I will not allow any person(s) to smoke in the vehicle at any time. If any person(s) has smoked in the vehicle, it will be deemed to be soiled.
(a) I shall take all reasonable steps to properly maintain the Vehicle, including daily checks of the oil, water and batteries, as well as daily checks for damage. (b) I acknowledge that easygo Campers will reimburse me for expenditure up to NZ$ 100.00 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle (not including the water system. refrigerator, heating, air conditioning and audio equipment) PROVIDED THAT:
(i) I produce relevant receipts, which contain a GST number and individually itemised costs; and
(ii) I have received the prior consent of easygo Campers;
(iii) the damage is not due to my fault or my breach of this Agreement.
(c) I will be liable for any cost associated with the incorrect use of fuel (fuel being diesel or petrol) and it is my responsibility to ensure that the correct fuel is put into the vehicle.
(a) In the event of any accident loss or damage ('the event') arising out of the use of the Vehicle, I will:
(i) notify easygo Campers within 24 hours of the happening of the event.
(ii) obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station.
(iii) not make any admission of liability to other parties, settlement offer or other like offer.
(iv) assist easygo Campers in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence.
(b) I acknowledge that easygo Campers, at its discretion, require that I will pay for any costs relating to delivery of a change over vehicle as a result of an accident regardless of which party is at fault.
I acknowledge that easygo Campers may terminate this Agreement and repossess the vehicle (and for that purpose enter upon any premises and remove the Vehicle) at any time, without notification to me, and that I will pay the reasonable costs of repossessing the Vehicle, including towing charges if: (a) I am in breach of any term of this Agreement. (b) I have obtained the Vehicle through fraud or misrepresentation. (c) the Vehicle appears to be abandoned. (d) the Vehicle is not returned on the agreed return date or easygo Campers reasonably believes that the Vehicle may not be returned on the agreed return date. (e) easygo Campers considers, on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is endangered. I understand that in the event of such termination or repossession, I have no right to a refund of any part of the rental charges. (f) easygo Campers believes, on reasonable grounds, that payment for any Rental Charges associated with the hire have not been paid to easygo Campers , or will not be paid to easygo Campers.
easygo Campers reserves the right at its absolute discretion, to substitute a comparable or superior vehicle for the Vehicle. In that event I shall not be liable for any increased rental or other charges save for any additional running costs pertaining to the substitute vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.
(a) Subject to its obligation to deliver the Vehicle or an appropriate substitute vehicle, I release easygo Campers, its employees and agents, from any liability to me (regardless of who is at fault) or any loss or damage incurred by me by reason of this Agreement including, but not limited to:
(i) any loss or damage caused by breakdown, mechanical defect accident or the Vehicle being unsuitable for my purpose,
(ii) any loss or damage to any property left in or on the vehicle in any service vehicle or on any easygo Campers premises or recovered or handled by easygo Campers. I Acknowledge that personal property is a personal responsibility and is not covered by Easygo Campers insurance or the Excess waiver.
(b) Subject to the insurance arrangements agreed with easygo Campers, I hereby indemnify and shall keep indemnified easygo Campers, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle.
I acknowledge that easygo Campers retains title to the Vehicle and that I possess the goods as a mere bailee only. I do not have any right to pledge easygo Campers credit in correction with the Vehicle and agree not to do so. I shall not agree, attempt offer or support to sell, assign, sublet, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
Any changes to this Agreement must be in writing and must be signed on behalf of Easygo Campers and by me.
This Agreement shall be governed by the law of New Zealand in which the Agreement is signed.
I acknowledge and understand that all hire days are calculated on a calendar day basis, and that I am required to pay Rental Charges for each day a vehicle is in my possession, for each vehicle in my possession.
I acknowledge that: (a) easygo Campers is not responsible, and I will not hold easygo Campers liable, for any incorrect statements or information provided by a party other than easygo Campers. (b) where I have made a booking through a third party, I am bound by whatever information, statements, terms or conditions easygo Campers has presented that third party with respect to my booking, and that easygo Campers is not responsible, and I will not hold easygo Campers liable, if that information is not passed on to me. (c) easygo Campers is not bound to, or liable for,any comments, statements or information made, or provided, by a member of easygo Campers who has not been authorised to make or provide such comments, statements, or information, by easygo Campers Management or Directors. (d) all commitments to refunds, charges, or assessment of liability with regards to loss or damage, can only be made by the appropriate authorised person(s) at easygo Campers Head Office in Wellington, and may not be able to be made until after the hire has concluded. (e) where I have spoken to a member of easygo Campers, it is my responsibility to note who I have spoken to, and, if I cannot supply the name of that member when requested, easygo Campers may deem that I have not spoken to a person with the appropriate authority.
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement. easygo Campers reserves the right to add or amend any rental charges without prior notice.