Vehicle description and term of hire:
1). Zoop Group Limited (“The Operator”) will let, and you (“The Hirer”) will take, the ZOOP Camper, registration ZOOP (“Vehicle”), for the term of hire as described in this agreement.
Persons who may drive the Vehicle
2). The Vehicle must only be driven –
• by persons named or described in this Agreement; and
• by persons who hold a valid and current overseas or NZ full driver licence (with English translation if required) that is appropriate for the class of Vehicle; and
• within the conditions of the Hirer’s licence.
The licence details are recorded in the agreement alongside each person’s name and address.
Payments by Hirer
3). The Hirer must perform the duties under the “Deliverables” agreed to separately in arranging this hire for the Operator.
4). In addition to the Deliverables specified in clause 3 above, the Hirer acknowledges that s/he will be liable at the end of the hire period to pay the Operator any applicable additional charges. These may include charges for:
• any additional distance driven,
• fuel,
• Road User Charges,
• late return,
• damage to or repair of the Vehicle (subject to the other terms of this Agreement),
• any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clauses 21 to 24) and the administration costs relating to these fines and fees, and toll charges. The Operator is entitled to deduct any such charges from the Hirer’s credit card during or after the term of hire is competed, or the Hirer may pay such charges as agreed with the Operator, such choice is at the Operator’s discretion.
Use of the Vehicle
5). 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 Operator’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“Act”);
• sublet or hire the Vehicle to any other person;
• allow the Vehicle to be used outside his/her authority;
• operate the Vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;
• operate the Vehicle or allow it to be operated in any race, speed test, rally or contest;
• 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, any other Act, regulation, rule or bylaw relating to road traffic, or the Freedom Camping Act 2011;
• operate the Vehicle or allow it to be operated for the transport of more passenger or goods than the maximum specified in the certificate of loading and/or RUC certificate, whichever is the lesser for the Vehicle;
• drive or allow the Vehicle to be driven on any roads excluded in clause 19(c) of this agreement, or on any beach, driveway, or surface likely damage the Vehicle.
Hirer’s obligations
6). The Hirer must ensure that:
• all reasonable care is taken when driving and parking the Vehicle;
• the water in the Vehicle’s radiator and battery are maintained at the proper level;
• the oil in the Vehicle is maintained at the proper level;
• the tyres are maintained at their proper pressure;
• the Vehicle is locked and secure at all times when it is not in use;
• the distance recorder or speedometer are not interfered with;
• no part of the engine, transmission, braking or suspension systems are interfered with; and
• should a warning light be illuminated or the Hirer believe the Vehicle requires mechanical attention, they stop driving and advise the Operator immediately.
Operator’s obligations
7). The Operator will supply the Vehicle in a safe and road worthy condition, displaying a valid and current Certificate of Fitness.
Mechanical repairs and accidents
8). If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer must notify the Operator of the full circumstances immediately on 027 476 5270.
9). The Hirer must 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.
10). If the vehicle requires repair or replacement, the operator must arrange repairs to the vehicle or arrange a replacement vehicle within a reasonable time frame, provided that the operator will not be required to repair or replace the vehicle if it was damaged while being operated in a manner which breaches this agreement.
Return of Vehicle
11). The Hirer must, at or before the expiry of the term of hire, deliver the Vehicle to the agreed place as confirmed by text or email prior to the pick up of the vehicle, or obtain the Operator’s consent to the continuation of the hire, in which case the Hirer may pay additional hire charges or take on additional Deliverables (as agreed at the time) for the extended term of hire. If the Hirer does not comply with this clause 11, the Hirer will be liable for additional charges for the late return of the Vehicle at a rate of $200 per day.
Liability
12). Subject to clauses 13, the Hirer is liable for:
a) any loss of, or damage to, the Vehicle and its accessories (excluding fair wear and tear) and any consequential damage, loss or costs incurred by the Operator, including salvage costs;
b) any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
Insurance
13). The Operator’s vehicle 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. Under the Policy, every person named in this Agreement as a person permitted to drive the Vehicle, subject to clauses 15 and 18, is covered against the losses set out in clause 12.
IMPORTANT: the Operator is not providing insurance services to the Hirer. The Operator manages the insurance provided under the Policy. The Operator reserves the right to determine whether or not to claim under the Policy. In the event of damage to the Vehicle, the Hirer agrees to immediately contact, and solely deal with, the Operator.
14). The cover provided under the policy is limited to the values set out below in respect of clauses 12 (a) and 12 (b) in the motor insurance policy provided, but please be aware of the following:
• Standard excess being 1% of claim subject to a minimum charge of $1,000 for experienced drivers over 25; but
• For all other drivers a minimum excess of $5,000 to apply.
15). The Hirer can make his/her own insurance arrangements, provided that the Operator is satisfied that the Hirer’s insurance is comparable to the cover under the Policy.
16). If the hirer elects to not make his/her own insurance arrangements in accordance with clause 15, the Hirer must pay a contribution to the Operators total excess under the policy to the amount of $1,150 inclusive of GST.
17). The Hirer will not be covered under the Policy (and therefore is personally liable for all damage/loss under clause 12) arising out of any Accident involving an insured Vehicle while the Vehicle is being driven by a person who:
(a) is under the influence of any intoxicating substance, drug or alcohol to the extent that an offence is committed under the Land Transport Act 1998 and its amendments or any re-enactment of that Act; or
(b) has failed to stop or remain at the scene following the occurrence of an Accident where required to do so by law; or
(c) has a proportion of alcohol in the breath or blood which exceeds the legal limit; or
(d) fails to supply a blood or breath sample as required by law; or
(e) is not the holder of a current motor driver’s licence if one is required by law in respect of the Vehicle. However, this exclusion will not apply where the person has held, and is not disqualified from holding a licence, and actually obtains a licence without a driving test.
f) the Vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the Hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the Vehicle;
g) the Vehicle is driven in any race, speed test, rally, hill climbing, or contest;
h) the Vehicle is driven in breach of clause 2;
i) the Vehicle is being driven outside the Policy’s description of use; or
j) the Hirer has elected to use their own insurance in accordance with clause 15.
18). The following clause (18) outlines the Limit of Liability under the insurance policy by the insurer (referred to in this clause as the “Company”). These terms are with Zoop Group Limited and are indicative only in an attempt to give some visibility to the policy in place for ZOOP, but are not exhaustive and are subject to change without notice:
i). Sums insured (Section 1) - Limit any one Vehicle acquired by the Insured during the Period of Insurance and not advised to the Company prior to its loss or damage: Total value as declared $250,000
ii). Limit of Liability (Section 2)- Limit any one Accident: $10,000,000
iii). Claim Preparation Costs Clause (Section 1):
Specified minimum cost: $500
In respect of any one Accident, the Company’s liability under this clause will not exceed: $5,000
iv). Hazardous Substance Emergencies Clause (Section 1):
In respect of any one Accident, the Company’s liability under this clause will not exceed: $ 10,000
v). Hoists Clause (Section 1)
In respect of any one Accident, the Company’s liability under this clause will not exceed: $5,000 (Deductible: $500)
vi). Protection and Salvage Costs
In respect of any one Accident, the Company’s liability under this clause will not exceed: $20,000
vii). Repairs Clause (Section 1) Specified amount: $1,000
viii). Road Clearing and Load Recovery Clause (Section1) In respect of any one Accident, the Company’s liability under this clause will not exceed: $10,000
ix). Transportation Costs Clause (Section 1) In respect of any one Accident, the Company’s liability under this clause will not exceed: $10,000
x). Tyre Damage (Section 1)In respect of any one tyre, the Company’s liability under this clause will not exceed: $5,000
xi). Defence Costs Clause (Section 2) In respect of any one Accident, the Company’s liability under this clause will not exceed: $10,000
xii). Exemplary Damages (Section 2) In respect of any one Accident, the Company’s liability for any exemplary damages falling within the scope of this Policy will not exceed: $1,000,000
xiii). Rental Vehicles (Consequential Loss) (Section 2) In respect of any one Accident, the Company’s liability under this clause will not exceed:$ 50,000
xiv). Vibration or Weight (Section 2) The following special limit and deductible apply to each occurrence of damage by vibration or weight as described in the Vibration or Weight exclusion: Limit of Liability – Section 2: $5,000 Deductible – Section 2: $500
19). Despite anything else contained in these terms and conditions the Hirer will be liable for all damage, loss and costs referred to in clause 12 up to the amount of the Operator’s Total Excess under its Policy (including reasonable indirect costs associated with claiming) where –
a) the driver commits any offence under any traffic regulation or statute that, in the reasonable opinion of the Operator, contributed to the accident or loss;
b) in the reasonable opinion of the Operator, the vehicle was driven in a manner that posed real danger to the lives and/or property of any other person, and this contributed to the accident or loss;
c) The vehicle was driven on any of the following roads or locations – Skippers Canyon, Beaches, Creeks, Fords or River Beds – Salt or Water damage.
d) the Vehicle was operated beyond the term of this Agreement or any agreed extension of the term, and, in the reasonable opinion of the Operator, this contributed to the accident or loss.
e) any damage to the roof or underbody of the vehicle.
f) Any damage to the vehicle or accessories due to the incorrect fitting of snow chains, ski/snowboard racks, bike racks or any other item carried inside or outside the vehicle, such as a surfboard or bicycle.
g) any costs incurred by the operator in recovering outstanding charges or fees owed to the operator, plus interest accruing at 15% per annum.
Bond
20). The Operator may require the Hirer to pay a bond at the start of the hire, which will be notified to the Hirer prior to picking up the vehicle. If loss occurs under clause 12, it may be deducted to the value of the loss or be used to contribute to the Excess Contribution or Total Excess (whichever applies).
Infringement offences
21). The Hirer is liable for an offence committed during the period of hire where the offence –
a) is a speeding offence, toll offence or 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 of the Land Transport (Road User) Rule 2004; or
c) was an offence under section 20(1) of the Freedom Camping Act 2011 involving the use of the Vehicle.
22). The Hirer must pay any infringement fee and costs that may become payable because of an infringement notice served on the Operator for any of the offences set out in clause 21 (a) to (c), and the Hirer authorises the Operator to debit their credit card with such infringement fee and costs, including an administration cost of up to $45.00 per infringement notice received.
23). If the Operator receives an infringement notice or a reminder notice for an offence under clause 21, the Operator will send the Hirer a copy of the notice and the rental service agreement within 5 working days, and –
a) In the case of the Operator receiving an infringement notice, notify the Hirer that the Operator will debit the Hirer’s credit card for the amount specified on the notice and any fees or costs payable under this agreement upon receipt of a reminder notice; or
b) In the case of the Operator receiving a reminder notice only, notify the Hirer that the Operator will debit the Hirer’s credit card for the amount specified on the notice and any fees or costs payable under this agreement.
24). The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and the right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
Dangerous driving and personal information
25). If, in the reasonable opinion of the Operator, the Hirer’s driving is likely to pose a real danger to themselves and/or the lives of any other person, then –
a) The Operator may cancel this Agreement immediately with written or verbal notice; and
b) The Hirer must, as soon as practicable, return the Vehicle to the place of business of the Operator or Operator’s agent; and
c) The Hirer’s personal information contained within this Agreement may be disclosed to other relevant operators for the purpose of promoting safe driving in New Zealand.