RVA Rental Agreement Terms and Conditions

You agree to the following terms:

General policy information

1. Only the person listed on the page 1 of this agreement will drive the vehicle.
2. Everyone driving the vehicle mist have a valid full NZ or overseas driving license (translated into English if necessary) that is required for the class of vehicle.

Disputes

3. If you believe you have been incorrectly charged or you have any other complaint about our experience, you must inform is in writing within 20 working days.
4. We will aim to resolve all the complaints amicably and in good faith and try to settle all the disputes within 7 days. If the complaint cannot be resolved within 7 days, you will be advised of the likely timeframe to resolve and we will aim to give you weekly updates.
5. If you are unhappy with the outcome, you have the right to engage external dispute resolution options.

Your Obligations

Payment
6. You will pay the amount specified on page 1 of this agreement to the operator.
7. You may also be liable for any relevant additional charges for
(a) Additional distance driven;
(b) Fuel;
(c) RUC;
(d) Returning the vehicle later than the agreed time;
(e) Damage to or repair of the vehicle, and any enforcement charges relating to this;
(f) Traffic lines, infringement fees, and any administration cost we have to pay in relation to this; or
(g) Toll charges
8. At the start of the hire you must give us your credit card details. We may put a hold on your credit card up to the total value of the hire. It any loss occurs; we will charge the loss based on the actual costs to your credit card.

How to use the vehicle

9. You must never:
(a) Use or let anyone else use the vehicle to transport passengers for hire or reward unless you let us know in writing, and you are appropriately licensed under Part 4A of the Land Transport Act 1998 (“the Act”);
(b) Sublet or hire the vehicle to anyone else;
(c) Allow the vehicle to be sued outside of authority;
(d) Drive or let anyone else drive the vehicle in breach of sections 56, 57, 57AA, 57A or 58 of the Act;
(e) Drive or let anyone else drive the vehicle in any race, speed test, rally, or contest;
(f) Sue the vehicle or let anyone else use the vehicle in breach of the Act, the Land Transport (Road User) Rule 2004, the Freedom Camping Act 2011, or any other Act, regulation, rule or bylaw about road traffic’
(g) Use the vehicle or let anyone else use the vehicle to transport more passengers or goods than set in the certificate of loading and/or RUC certificate (whichever sets less); or
(h) Drive the vehicle or let anyone else drive the vehicle on any roads listed in clause 29(f) of this agreement, or on any beach, driveway, or surface likely to damage to vehicle.
10. It is your responsibility to ensure that:
(a) You take reasonable care when driving and parking the vehicle;
(b) You maintain the water in the vehicle’s radiator and battery at the proper level;
(c) You maintain the oil in the vehicle at the proper level;
(d) You maintain the tyres at the proper pressure;
(e) The vehicle is secure and locked whenever it is not being used;
(f) Nobody interferes with the distance recorder or speedometer;
(g) Nobody interferes with any part of the engine, transmission, braking or suspension systems;
(h) If a warning light appears, or you believe the vehicle needs mechanical attention, you stop driving and contact us at once; and
(i) You keep a copy of this agreement in the vehicle during the hire.
11. Accidents
Regardless of who is at fault, if the vehicle is involved in an accident, is damaged, breaks down or needs repair or salvage, you must notify us at once.
You must not arrange or carry out any repairs or salvage without our approval unless this is necessary to prevent further damage to the vehicle or other property.
12. Returning the vehicle
You must return the vehicle before or at the end of the hire period to the address set out on the page 1 of this agreement.

Our responsibilities

13. We will make sure the vehicles is in a safe and road worthy condition and displays a valid and current Certificate of Fitness.
14. If the vehicle needs repair or replacement the hirer must call Automobile Association (AA) Roadside assistance. The hirer must inform YOYO Rentals as soon as possible after the incident so they have the opportunity to rectify the problem.
(a) All mechanical breakdowns are covered at no extra costs, including: engine faults, electrical faults, cooling systems.
(b) All non-mechanical breakdowns are subjected to the relevant call out fees charges by the AA to the hirer and include but are not limited to the following: out of fuel/incorrect fueling of the vehicle, wheels/tyres, keys being lost of locked inside the vehicle, flat batteries as a result of the lights or keys being left on.

Cancelling this agreement

15. You may cancel this agreement-
(a) A cancellation fee of 25% of the total hire will be incurred if the rental is cancelled within 24-72 hours prior to pick up;
(b) A fee of 50% of the total hire will be charged in the event of cancellation within 24 hours or if you fail to collect the car;
(c) If you cancel your booking more than 72 hours prior to your pick-up time, then there is no charge.
16. If the vehicle you booked is unavailable, we will upgrade you to the next best option. If no upgrade is available, we will still give you a vehicle and refund you the difference in value or give you the option to cancel. If no vehicle is available at all, we will try to find a replacement vehicle from another rental vehicle operator.
17. Dangerous driving
If we reasonably believe that your driving will likely cause danger to yourself or anyone else, we may:
(a) Cancel this agreement at once by giving you either verbal; or written notice, and
(b) Elect to discuss circumstances of your cancellation with other rental companies to promote safe driving in New Zealand.
If we cancel the agreement because of this, you must return the vehicle to the address set out on page 1 of this agreement as soon as possible.
18. We may cancel this agreement if you breach any of the obligations or conditions outlined in this agreement. If so, no refund will be given.

Privacy

19. We will collect, hold and use your personal information for purposes related to the hire of the vehicle. We may disclose such personal information to third parties legitimately seeking to recover debts incurred as a result of your use of the vehicle
20. You retain rights of access to, and correction of, your personal information.

Liability

21. You are liable for any;
(a) Loss or damage to the vehicle and its accessories (excluding fair wear and tear).
(b) Consequential loss, damage or costs we have to pay, including salvage costs.
(c) Loss or damage to vehicles and property of third parties arising during the hire, that is caused by you or anyone driving the vehicle, and
(d) Collection costs that may be occurred if you fail to pay any amount owed to us, and the debt has to be referred to a debt collection agent.

Insurance

22. Our fleet is insured under a policy of motor vehicle insurance (“Policy”) from a person or company licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010.
23. Please note that we are not providing insurance services to you. We are only managing the insurance provided under the policy. We reserve the right to decide whether to claim under the policy. If the vehicle is damaged, you must contact us at once and only deal with us.
24. Who is covered?
Everyone named on page 1 of this agreement is covered against any accidental loss as set out in clause 21.
25. What the insurer will pay
You are insured under the policy up to the value of $3,000 for clause 21 (a) and (b), and $10,000,000 for clause 21 (c).
26. You can make your own insurance arrangements if we are satisfied that the other insurance is comparable to the cover under the policy. You will not be covered under our policy if you make your own arrangements.
27. Your excess
If you do not choose to make your own insurance arrangements, you must pay an excess contribution. This is the amount you must contribute towards the cost of repair or replacement of the vehicle.
For a single vehicle damage/loss, you must pay $2,000.00 for 25 years and older.
For multiple vehicle damage/loss, you must pay $3,000.00 for under 25 years.
28. No excess
If you chose to pay an excess waiver fee, then you do not have to pay the excess contribution in clause 27.
For single vehicle damage/loss, the excess waiver fee is $50 per day;
For multiple vehicles damage/loss, the excess waiver fee is $50 per day.

Insurance Exclusions

29. Regardless of whether you have paid the excess waiver fee, you will not be covered by any loss referred to in clause 21 if
(a) You or anyone driving the vehicle is under the influence of any intoxicating substance, drug or alcohol;
(b) The vehicle is used in an unsafe or damaged condition, and the person driving the vehicle was or should have been aware of this;
(c) You or anyone else drives the vehicle in any race, speed test, rally, hill climbing or contest;
(d) Anyone drives the vehicle who is not named on page 1 of this agreement, or does not have a valid and full driver’s license;
(e) You or anyone else driving the vehicle causes any loss or damage by committing any international or reckless act or omission, including a reckless or international serious traffic offence;
(f) You or anyone else drives the vehicle on any of the following roads or locations: New Zealand beaches, gravel road, dirt tracks or roads, and unformed roads.
30. The insurance cover will only be invalidated if the loss caused or contributed to by any of the circumstances listed in clause 29.
31. You will be liable for the following infringement offences committed during the hire:
(a) A speeding offence,
(b) A toll offence, or
(c) An offence for not keeping to a traffic signal direction, detected by vehicle surveillance equipment
(d) An offence for parking on a road that breaches any bylaw or road controlling authority
(e) An offence against Part 6 of the Land Transport (Road User) Rule 2004.
(f) An offence under section 20 (1) of the Freedom Camping Act 2001.
32. If you commit an infringement offence, you must pay any infringement fee and costs due.
33. We may elect to transfer liability for any infringement offence from us as the registered owner of the vehicle to you as the driver. If so, we will pass on your name, address, date of birth, and driver licence number to the relevant infringement authority, and charge an administration fee of $25 to cover the cost of the transferring liability.
34. If we receive an infringement notice or reminder notice for an infringement offence committed during the hire, we will send you a copy of the notice and this agreement within 5 working days.
35. After receiving the reminder notice, we will let you know that your credit card may be charged the set infringement fee and an administration cost of $25 for not paying the fee yourself once we receive the reminder notice.
36. If we only receive the reminder notice, we will let you know that your credit card may be charged the set infringement fee and administration cost because you have not paid before we charge you.
37. You are entitled to:
(a) Challenge or complain about the alleged offence to the enforcement authority that sent the infringement notice, and
(b) Seek a court hearing, either within 56 days from the date the infringement notice was given, or 28 days from the date reminder notice was given.
Additional Requirements
38.
(a) If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or deodorizing, the hirer is liable for the full cost of this cleaning or repair. Such charges include but are not limited to the cleaning of: spillage of fluids such as, milk oil, paint; perishable food; removal of hair, stains and odours due to animals in the vehicle; fish and associated smells; vomit; cigarette/cigar smoke smells.
(b) The hirer acknowledges receiving the vehicle will a full fuel tank.
(c) The hirer must return the vehicle with a full fuel tank.

This agreement has been produced by the Rental Vehicle Association in line with the requirements of the Operator Licensing Rule 2017. It is the intellectual property of the RVA and may only be used by operators so long as they are financial members of the Association.