apex car hire terms and conditions

• (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 Transport Act 1962, 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.

• (a) Kept in the vehicle throughout the term of the hire; and
• (b) Produced without delay for inspection on demand by an enforcement officer.

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.

• (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.

12.2 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.

• (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 or 8.2 of this agreement;
• (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) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers or flooded fords.
• (h) The vehicle is operated outside the term of the hire;
• (i) 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;
• (j) 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.

• (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.

• (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.

• (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.

16.2 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.

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.

17.2 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.

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.

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

18.3 All transactions under this agreement are conducted 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.

19.2 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.

20.2 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.

21.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the sum directly to The Owner and The Owner will provide an invoice for the sum paid. The Owner will not provide repair quotes, police reports, photographs or any other information to the hirer or credit card issuer.