Big Little Campers Limited - Terms and Conditions
DEFINITIONS
1. Unless the context indicates otherwise, the following words have the following meanings within this Agreement:
“Act of terrorism” means an act including but not limited to the use of force or violence and/or the threat of that, including the intention to influence any government or to put in fear the public which from its nature or context is done for, or in connection with, political, religious, ideological, ethnic or similar purposes by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s);
“Agreement” means the Master Hire Agreement and these Terms and Conditions, read together;
“Additional Charges” means any additional charges listed in the Master Hire Agreement;
“Bond” means the bond amount set out in the Master Hire Agreement where Insurance Option 1 has been selected;
“Collection Point” means the location the Vehicle is to be collected from by the Hirer, as set out in the Master Hire Agreement;
“Commencement” means the date and time that Hirer commences hiring the Vehicle, as set out in the Master Hire Agreement;
“Deposit” means the deposit payable at the time of booking (per the Master Hire Agreement);
“Electronic data” means facts, concepts and information converted to a form useable for communications, display, distribution, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for such equipment;
“Excess Reduction Daily Charge” means the sum set out in the Master Hire Agreement where Insurance Option 2 has been selected;
“Expiry” means the date and time that the Vehicle hire ends, as set out in the Master Hire Agreement;
“Fees” includes Rental Charge Per Day, Deposit, Bond, Excess Reduction Daily Charge, Additional Charges, or any other fees listed as payable under this Agreement;
“Hirer” means the person or persons that are recorded as Hirer in the Master Hire Agreement;
“Insurance Option 1” means the standard excess option (where a Bond is required to be paid) selected in the Master Hire Agreement;
“Insurance Option 2” means the reduced excess option (at an additional daily charge) selected in the Master Hire Agreement;
“Master Hire Agreement” refers to the document signed by the Hirer, detailing the particulars of the Vehicle hire (to be read alongside these Terms and Conditions);
“Return Location” means the location the Vehicle is to be returned at Expiry, recorded in the Master Hire Agreement;
“Rental Charge Per Day” means the daily rate that the Hirer shall pay the Operator, as set out in the Master Hire Agreement;
“Term of Hire” means the total period of Vehicle hire, listed in the Master Hire Agreement, beginning at Commencement and ending on Expiry;
“Terms and Conditions” means this document;
“Unsafe condition” includes any permanent or temporary condition that may result in damage to the Vehicle or any part of it;
“Vehicle” means the vehicle to be hired by the Hirer, as detailed in the Master Hire Agreement.
AGREEMENT BETWEEN OPERATOR AND HIRER
2. The Hirer shall hire the Vehicle from the Operator for the Term of Hire for the Fees as per the particulars set out in the Master Hire Agreement, subject to these Terms and Conditions.
PERMITTED DRIVERS
3. The Vehicle shall only be driven by the Hirer/s named in the Master
Hire Agreement, provided they hold a valid full drivers licence appropriate for the class of Vehicle.
4. If a foreign licence is not written in English, an English translation (from an NZTA authorised translation service) or international driving permit must be carried with the foreign driver licence and provided to the Operator prior to the Term of Hire.
5. Any additional persons wishing to drive the Vehicle must contact the Operator and get the Operator’s approval, (complying with clauses 3 and 4) prior to driving the Vehicle.
FEES
6. In order to secure a Vehicle reservation, the Hirer shall pay a non-refundable Deposit at the time of booking.
7. If they have selected Insurance Option 1, the Hirer agrees to pay the relevant Bond 35 days prior to Commencement. The Bond is refundable provided the Vehicle is returned on or before Expiry in an acceptable state (per clause 20).
8. The balance of Fees shall also be payable 35 days prior to Commencement. If the balance has not been received 35 days prior to the Term of Hire, the Operator shall have the right to cancel the booking.
9. The Hirer shall pay the Operator any relevant Additional Charges at the expiry of the Term of Hire, or during the Term of Hire, as indicated in the Master Hire Agreement.
10. All payments shall be made In New Zealand Dollars.
11. A credit card administration fee of 2.5% applies to the use of Visa and MasterCard for any payments. Any credit card administration fees shall not be refunded if the Hirer cancels the booking.
12. All fees include GST.
13. Hire days are calculated on a calendar basis. Part days at the start or end of the hire are charged at the full daily rate.
14. Late pick up or early return of the Vehicle shall not entitle the Hirer to any refund of the unused portion of the hire.
15. Where the Vehicle has been returned and an Operator staff member was not available to check the vehicle, the Hirer shall take high quality photographs of the vehicle to prove its condition and send these to the Operator.
RETURN OF VEHICLE
16. If, no more than two days prior to the end of the Term of Hire, the Hirer requests an extension and the Operator consents to this in writing, the Term of Hire shall be extended. The Hirer shall be charged for the additional hire period at the agreed rate immediately upon Operator confirmation. If no Operator consent is given, the original Term of Hire shall apply.
17. In the event of any unconsented extension, the Hirer shall pay additional penalty sums as set out in this Agreement.
18. The Hirer shall, at or before Expiry, deliver the Vehicle to the Operator at the Return Location.
19. At Expiry, the Hirer shall return the Vehicle:
a. In a reasonably clean and tidy condition;
b. With a full tank of fuel;
c. With a clean and empty toilet; and
d. With all Vehicle equipment accounted for and the state it was in at Commencement.
20. Failure to return the Vehicle in the state set out in clause 20 shall result in the Hirer being charged the following (in addition to any other fees and charges ):
a. A cleaning fee of $250.00 if the Vehicle is not in a clean and tidy condition;
b. The cost of refueling the tank plus a $50.00 fee;
c. A cleaning fee of $250.00 in respect of an unclean or unemptied toilet;
d. The cost of replacing damaged equipment, plus $25.00 per item.
21. Any alteration to the place the Vehicle is returned to shall be subject to a charge of NZ$1,000.00 unless otherwise agreed in writing.
22. Failure to return the Vehicle at the agreed time/day will also incur a late fee of NZ$150.00 per day payable (in addition to the daily hire rate and any other fees and charges).
HIRER’S OBLIGATIONS
23. The Hirer shall not:
a. Use or allow the Vehicle to be used for the transport of passengers for hire or reward;
b. Sublet or hire the Vehicle to any other person;
c. Allow the Vehicle to be used outside his/her authority;
d. Operate the Vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56. 57 and 56 of the of the Land Transport Act 1998 ("the Act");
e. Operate the Vehicle or allow it to be operated in any race, speed test, rally or contest;
f. Operate the Vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
g. Operate the Vehicle or allow it to be operated for the transport of more passengers or goods than is permitted by any relevant authority;
h. Drive or allow the Vehicle to be driven on any roads excluded In clause 31(g) of this agreement, or on any beach or on any surface likely to cause damage to the Vehicle: or
i. Allow the Vehicle to be driven by any person who is not named or described in the Master Hire Agreement or a person with express written authority from the Operator as a person permitted to drive the Vehicle.
24. The Hirer shall ensure that:
a. All reasonable care is taken when driving and parking the Vehicle;
b. The Vehicle's coolant and oil are maintained at the proper level;
c. The tyres are maintained at their proper pressure;
d. The Vehicle is locked and secure at all times when it is not in use and the Vehicle keys are kept securely. The cost of replacement keys and related services (for example courier costs) is at the Hirers expense;
e. The Vehicle is not interfered with or modified without the prior permission of the Operator:
f. Should a warning light be illuminated, or the Hirer believe the Vehicle requires mechanical attention, s/he must stop driving and advise the Operator immediately before proceeding;
g. The fuel and freshwater tanks are filled with the correct liquids and not contaminated;
h. No one smokes or vapes in the Vehicle. Any evidence of smoking or vaping in the Vehicle shall incur a cleaning fee of NZ$500.00; and
i. No animals, except for registered guide dogs, are permitted inside the Vehicle, unless otherwise agreed in writing with the Operator. Any evidence of animals having been in the Vehicle shall incur a cleaning fee of NZ$500.00.
INSURANCE
25. The Hirer shall select between Insurance Option 1 and Insurance Option 2 in the Master Hire Agreement. Whichever option is selected shall apply to the Hirer for the duration of this Agreement.
26. If a Hirer selects Insurance Option 1, the Hirer shall be liable to pay the Operator’s standard insurance excess of $3,000.00 per claim (the Bond being held to secure against this risk in the first instance).
27. If a Hirer selects Insurance Option 2, the Hirer shall be liable to pay the reduced excess of $200.00 per claim (on account of their additional Excess Reduction Daily Charge).
28. The Hirer shall be liable to pay the insurance excess selected in respect of each separate accident, incident or new damage (not each hire).
29. Where a claim has already been made, a new Bond shall be payable immediately by the Hirer’s who have selected Insurance Option 1.
INSURANCE EXCLUSIONS
30. The Operator’s insurance does not cover any loss or liability while any Vehicle is:
a. being driven outside normal use on New Zealand roads, or used for racing, pacemaking, reliability trial, hill climbing or speed tests, or being driven in preparation for any of these activities;
b. being driven in an unsafe condition where the condition causes or contributes to the event which results in the loss or liability;
c. loaded or operated in excess of the manufacturer’s recommended specifications, but only where the excess loading causes or contributes to the event which results in the loss or liability (this will only apply if the Hirer was aware or with reasonable diligence ought to have been aware of the unsafe condition or overloading);
d. being driven by any person who is not the holder of a licence for the appropriate class and use applicable to the operation of the Vehicle, or who is breaching any condition of their licence;
e. being driven by any person who is under the influence of any intoxicating substance or drug; or has a proportion of alcohol in the blood which exceeds the legal limit; or has a proportion of alcohol in the breath which exceeds the legal limit; or fails to supply a blood or breath test as required by law; or fails to stop, or remain at the scene, following an accident as required by law (a certificate of conviction of the driver may be used by the Operator as sufficient evidence for this exclusion to apply where the offence was committed at the time of or following the accident. A certificate of analysis of the driver’s blood or a reading from an evidential breath testing device of the driver’s breath may be used by the Operator as sufficient evidence of the driver’s state at the time of the accident);
f. being driven in breach of the legal requirements relating to driving hours; or
g. the Vehicle being driven on any of the following roads: Ninety Mile Beach, Northland, North of Colville Township, Coromandel Peninsula, Bluff Road between Kuaetunu and Mataurangi, Coromandel Peninsula, Skippers Canyon Road, Queenstown; Ball Hutt Road, Mount Cook.
31. The Operator’s insurance does not cover any loss or liability incurred:
a. by virtue of an agreement and which would have not attached in the absence of such agreement;
b. for death or injury which is recoverable under any statute or policy of insurance in substitution thereof;
c. for punitive, exemplary and aggravated damages;
d. which is directly or indirectly caused by: war, invasion, act of foreign enemies, hostilities or warlike operations, civil war, civil commotion assuming the proportions to a popular rising, military rising, mutiny, rebellion, revolution, insurrection, military or usurped power; confiscation, requisition, destruction of or damage to property by order of Government, Civil, Public or Local Authority; Nuclear weapons material; ionising radiations or contamination from any nuclear fuel or from any nuclear waste which results from the combustion (including self sustaining process of nuclear fission) of nuclear fuel.
32. The Operator’s insurance does not cover any claim for loss, damage, liability, death, injury, illness, or any other forms of cover otherwise available resulting from or directly or indirectly caused by or arising in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to such loss, damage, liability, death, injury, illness, disablement, cost or expense or action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
33. Regardless of any other contributing cause or event whenever it may occur, the Operator’s insurance does not cover loss or damage resulting from or directly or indirectly caused by or arising in connection with total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of electronic data; an error in creating, amending, entering, deleting or using electronic data; total or partial inability or failure to receive, send, access or use electronic data for any time or at all; or communication, display, distribution or publication of electronic data but not where this causes bodily injury if otherwise covered by this policy or a section of this policy but for this exclusion;
34. The Operator’s insurance does not cover loss or damage directly or indirectly caused by or resulting from data corruption, amendment of data or erasure of data by electronic or non-electronic means; or computer virus, being an executable programme or computer code segment that is self-replicating, requires a host programme or executable disc segment in which it can be contained, and which destroys or alters the host programme or other computer code or data, causing undesired programme or operation.
HIRER’S LIABILITY
35. The Hirer is liable for:
a. Any loss of, or damage to, the Vehicle and its accessories during the Term of Hire;
b. Any consequential damage, loss or costs incurred by the Operator (including salvage costs, loss of ability to rehire and loss of revenue) due to loss or damage to the Vehicle or accessories; and
c. Any loss of, or damage to equipment, vehicles or property of third parties, arising from the use or misuse of the Vehicle by the Hirer during the Term of Hire.
36. Subject to clause 39, the Hirer’s liability under clause 36(a) is covered by the Operator’s insurance policy up to the market value of the Vehicle. The Hirer shall be liable for any loss or damage above that value. The Hirer shall be liable to pay the insurance excess in respect of such claims:
a. If the Hirer has selected Insurance Option 1, then the Hirer is liable to pay the $5,000.00 excess (from the Bond held by the Operator); or
b. If the Hirer has selected Insurance Option 2, then the Hirer is liable to pay the $0 excess to the Operator.
37. The Hirer’s liability under clause 36(b) is not covered by the Operator’s insurance; all liability for consequential losses shall be borne solely by the Hirer.
38. Subject to clause 39, the Hirer’s liability under clause 36(c) is covered by the Operator’s insurance policy up to the value of $2,000,000.00. The Hirer shall be liable to pay the insurance excess in respect of any such claims as follows:
a. If the Hirer has selected Insurance Option 1, then the Hirer is liable to pay $5,000.00 excess (from the Bond held by the Operator if still available, or in addition to that if required); or
b. If the Hirer has selected Insurance Option 2, then the Hirer is liable to pay the $0 excess to the Operator.
39. The Hirer agrees to indemnify the Operator from and against all actions, claims, demands, losses, damages, costs, expenses, harm, or other misadventure which the Operator may suffer, incur or become liable for as a result of the Hirer’s use of the Vehicle in breach of the Terms and Conditions, any negligent or reckless act, error or omission by the Hirer, any authorised driver, invitee of the Hirer, passenger of the Hirer, or any misuse of the Vehicle whatsoever during the Term of Hire.
40. Notwithstanding any provision in these Terms and Conditions to the contrary, the Hirer is not liable to the Operator for any loss to the extent that it is caused by the Operator’s negligence or breach of contract.
41. The Hirer agrees that any items stored with the Operator are stored at the Hirer’s sole risk. All liability shall sit with the Hirer, not the Operator.
42. If multiple persons are listed in the Master Hire Agreement, each person is jointly and severally responsible for all Fees and any additional costs, excesses or damages pursuant to this Agreement.
DAMAGES
43. For the purpose of clause 45, “damage” includes any damage to the Vehicle (including tyres, windscreens, theft, fire, towing and recovery costs, break-in or vandalism costs, as well as the cost of the daily hire fee for the Vehicle for the period the Vehicle is not available for hire by the Operator due to being repaired) as well as any damage to third party property (including third party vehicles).
44. If the Vehicle is not returned in the required state (per clause 20) and/or by Expiry, the Operator reserves the right to take any of the following action/s in respect of the Bond:
a. To retain all or part of the Bond for a reasonable time frame after the term of Hire to cover the cost of damage, infringements or damage to third parties or their property;
b. To hold the Bond regardless of who is at fault, to allow the Operator time to determine who is at fault, and such amount must be paid to the Operator (if not already held) at the time the accident report is completed; or
c. To deduct any amounts due (including but not limited to the cost of any damages) from the Bond.
45. The Bond will only be refunded if the Operator is successful in recovering the full cost of the damages from a third party. If the Operator is unsuccessful in recovering the complete cost of the damages from the third party, the Operator may keep all or part of the Bond in respect of such damages that the Operator was not able to recover from the third party).
46. If and when a Bond a refund has been issued by the Operator, it can take up to five or more business days for the funds to become available in the Hirer’s bank account.
47. In the event of any damage to the windscreen or body of the Vehicle that has not been reported or is not covered by the Hirer’s chosen Insurance Option, or Bond, then the cost to repair the damage will be charged to the Hirer.
48. If the Bond has been exhausted, and the Hirer owes the Operator further amounts, the Operator will give the Hirer notice of any such amounts to be deducted from their credit card via the email address specified in the Master Hire Agreement.
TRAFFIC OFFENCES
49. The Hirer is advised that Section 9.5(1) of the Land Transport (Operator Licensing) Rule 2007 permits the Operator to debit the Hirer's credit card for any infringement fee for an offence where the offence was committed during the period at hire and was:
a. A speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment; or
b. An offence for parking in any portion of a road in breach of any bylaw or a road controlling authority or an offence against Part 6 at the Land Transport (Road User) Rule 2004; or an offence under Section 20(1) of the Freedom Camping Act 2011 involving the use of the Vehicle.
50. The Operator may also charge an administration fee of $25.00 in addition to the infringement fee.
51. The Operator will send the Hirer a copy of the infringement notice, and any reminder notice as soon as practicable after it is received by the Operator. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue at the reminder notice).
MECHANICAL REPAIRS AND ACCIDENTS
52. If the Vehicle is damaged, breaks down, requires repair or salvage, is involved in an accident (regardless of fault), the Hirer shall notify the Operator of the full circumstances within 24 hours in order to give the Operator the opportunity to rectify the problem (and/or make an insurance claim) during the period of hire. Failure to do so constitutes a breach of contract.
53. The Hirer shall not arrange or undertake any repairs or salvage without the Operator's authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property. If the Vehicle is damaged to the extent that it cannot be driven, the Operator shall endeavour to exchange the Vehicle. Provision of an exchange vehicle is subject to availability and Hirer‘s location.
54. If mechanical breakdown is caused by the Hirer, the Operator shall be under no liability to provide compensation, otherwise the Operator’s liability shall be limited to the refund of hire charges for any full days of vehicle use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, accommodation charges or meals resulting from a breakdown or accident will be accepted.
55. The failure of accessories such as stereo, water tap / pump, do not constitute a breakdown. The Operator will endeavour to facilitate on-road repairs however should repair not be possible or fail the Hirer will not be entitled to a vehicle change or compensation.
56. The Vehicle is registered with the NZRA for 24-hour roadside assistance. This service is free for faults with the Vehicle.
57. There will be a call out charge for Hirer error including but not limited to running out of fuel, losing or locking in the keys, fIat battery due to incorrect use of the Vehicle and/or its equipment; and/or flat or damaged tyre(s) unless the Hirer has purchased Insurance Option 2.
58. This service does not cover:
a. Assistance if the Vehicle is unattended at the time the AA Service Provider arrives at the breakdown location;
b. Assistance if the Vehicle is not on a public or formed road or is trapped or bogged.
OPERATORS OBLIGATIONS
59. The Operator shall supply the Vehicle in a safe and roadworthy condition up to the current Certificate of Fitness standards.
60. If the reserved Vehicle is not available, then the reserved Vehicle may be substituted with a comparable Vehicle at no extra cost to the Hirer. Such Vehicle substitution shall not constitute a breach of contract and does not entitle the Hirer any form of refund. If no substitute vehicle is available to the Hirer, the Operator's liability shall be strictly limited to a refund of the hire charge in full.
CANCELLATION
61. If a booking is cancelled the following charges apply:
a. If cancelled within 35 - 20 days of the agreed pick-up date: 50% of the total hire fee;
b. If cancelled within 19 - 7 days of the agreed pick-up date: 75% of the total hire fee; and
c. If cancelled within 6 days, or on the agreed day of pick up: No refund on total hire fee.
62. If the Hirer reduces the length of a booking following confirmation the following fees shall be payable:
a. 21 days or more before the agreed pick-up date: no fee;
b. within 8-20 days of the agreed pick-up date: 50% of the hire fee for the canceled days; and
c. 7 days or less before the agreed pick-up date: 100% of the hire fee for the cancelled days.
63. The Operator reserves the right to re-list a Vehicle if uncollected 24 hours after the confirmed collection time, unless notified of any change in travel plans.
64. The Operator may cancel the Agreement and take immediate possession of the Vehicle and for that purpose enter upon any premises and remove the Vehicle at any time without notification to the Hirer (the Hirer will be responsible for costs of repossession) in any of the following circumstances;
a. The Hirer fails to comply with any of the terms of this agreement;
b. The Vehicle is damaged;
c. The Hirer has obtained the Vehicle through fraud or misrepresentation;
d. The Vehicle is or appears to be abandoned;
e. The Vehicle is not returned on the agreed date or the Operator reasonably believes that the Vehicle will not be returned at or before the expiry of the Term of Hire: or
f. The Operator considers on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is or has been endangered.
65. If the Operator cancels the Agreement the Hirer has no right to and will not receive a refund of any Fees.
66. The termination shall be without prejudice to the other rights of the Operator under these Terms and Conditions.
GENERAL
67. The Operator may assist the Hirer with installation of a child restraint however the Operator will not be liable for any loss, damage or injury incurred in relation to child restraints. It is the legal responsibility of the Hirer to ensure that any child is properly restrained.
68. The Hirer releases the Operator and its employees and agents from any liability to the Hirer (regardless of who is at fault) for any loss, injury or damage incurred by the Hirer by reason of hire, possession or use of the Vehicle and other equipment supplied.
DISPUTES
69. If the Hirer is dissatisfied with the service the Operator has provided, the Hirer may raise a complaint with the Operator.
70. The Operator’s dispute resolution process is without prejudice to any rights either party may have under New Zealand Consumer Law.
71. Where the Consumer Guarantees Act 1993 applies, the Hirer has the benefit of the non-excludable guarantees therein.
72. For more information on consumer rights, visit www.consumerprotection.govt.nz/
73. This Agreement is governed by the laws of the New Zealand.
