Apex Car rentals NZ - Terms&Conditions of Hire

Apex Car Rentals Standard insurance
All cars hired by Apex include Standard Insurance for no extra charge. Standard Insurance has an insurance excess (or deductible) of $2000.
This means that in the event that the rental vehicle is damaged, you are liable for the first $1500 of any damage, irregardless of whether you are 'at fault' or not.

Apex Car Rentals Full insurance
With any of our vehicles you can upgrade from Standard Insurance to Full Insurnace for an additional $15/day for hires four days or more, (Special rates apply for hires over 22 days or less than 4 days). Full Insurance reduces your insurance excess (deductible) from $2000 to zero. This means that in the event that the rental vehicle is damaged you pay nothing, provided you have not voided the insurance cover.

Clauses 1-7 detail the specifics of your hire and refer to pickup / drop off details and times, etc. These details will be confirmed with you at time of booking/confirmation

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... +more
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 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.

8.3 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. The hirer's obligations
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;
(d) No person smokes inside the vehicle.

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... +more
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... +more

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... +more
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 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.

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 up to the amount specified in clause 7 irrespective of fault... +more
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 subject to the following conditions and exclusions...+more
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 de-odorising, the hirer is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle... +more
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 other fuel
16.1 The hirer is responsible for the cost of fuel used during the hire... +more
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. 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... +more
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. 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... +more
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. 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... +more
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... +more
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. The Owner will not provide repair quotes, police reports, photographs or any other information to the hirer or any other party

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