Terms and Conditions
I PREAMBLE
1.1 Mint Rentals Terms and Conditions Agreement (the Agreement) is made an entered by and between the Mint Rentals Ltd, 55F Richard Pearse Drive, Mangere, Auckland 2022 (the Owner) and the signature party to the Rental Agreement referred to in point 1.2 (the Hirer) referred to jointly as parties and individually as the party.
1.2 Before the vehicle pickup, Hirer will sign a document confirming the pickup of the vehicle and acceptance of the terms of this Agreement (the Rental Agreement). Rental Agreement is an integral part of this Agreement.
1.3 Each party warrants and represents that it is duly authorized to enter into this Agreement. If Hirer is a legal entity, the person signing the Rental Agreement further
confirms that (i) they have the appropriate authorization to accept the terms of this Agreement, (ii) they have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom they accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
II VEHICLE PROPERTIES
2.1 Owner hereby agrees to rent to the Hirer the vehicle selected through the Owner’s website or chosen on sight. Selected vehicle will pose all mechanical properties
indicated on the website or in the catalogue available on site.
2.2 Hirer understands and agrees that the images of vehicles are for reference only and are not the pictures of actual rental vehicles. The rented vehicle might be of different colour and appearance than that displayed.
2.3 Owner confirms and guarantees that rented vehicle is safe and in roadworthy condition at the moment of pickup.
III COST, PAYMENT, AND CANCELATION
3.1 All prices are quoted in New Zealand Dollars, inclusive of New Zealand Goods and Services Tax (GST).
3.2 When booking a vehicle, Hirer is obliged to provide valid payment information in order to confirm the booking.
3.3 If the cancellation is received 2 days before pickup no Cancellation Fee is applicable. The Owner shall charge 50% of the rental fee in the event that cancellation is
received less than 2 days before the pickup (the Cancellation Fee). If the Hirer cancels during the term of hire, no refund will be provided for the unused portion of the term.
3.4 Hirer hereby agrees to bear all costs for collecting any outstanding debt in the event that Hirer is late with payment of rental or any other fees.
3.5 Owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except when, by the terms of this agreement,
those costs are payable by the Hirer. The cost of petrol (but not oil) used during the term of hire is the responsibility of the Hirer.
IV HIRER’S OBLIGATION
4.1 During the term of the Agreement, Hirer is obliged to maintain the vehicle in proper condition, including but not limited to all car fluids (ex. oil, cooler, water), battery level, cleanliness, tyre pressure, body... Hirer further undertakes to take all reasonable care in handling and parking the vehicle, and that the vehicle is left securely locked when not in use.
4.2 Owner may request in the moment of dropping off that the Hirer demonstrates that (i) the water in the radiator and the battery of the vehicle is maintained at the
proper level; (ii) the oil in the vehicle is maintained at the proper level; (iii) the tyres of the vehicle are maintained at the proper pressure.
V MECHANICAL REPAIRS AND ACCIDENTS
5.1 Hirer undertakes to inform the Owner immediately by telephone of any damage to the vehicle which requires repair or salvage, regardless if the damage was caused by accident or breakdown.
5.2 The Hirer shall not undertake any repairs or salvage without the authority of the Owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or other property.
5.3 The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission,
braking or suspension system of the vehicle.
5.4 In the event of an exchange vehicle being required, any excess reduction option purchased is not transferable to the exchange vehicle.
5.5 In case the Hirer attempts to repair or interfere with the mechanics or integrity of the vehicle without notifying the owner, and if such action is not made in order to
prevent further damage, the Hirer will bear all costs necessary to bring the vehicle back into the condition it was at the pickup unless decided otherwise by the sole discretion of the Owner. The Hirer shall further be responsible for the full cost of repair of the vehicle where the damage of the vehicle is caused by the breach of Use of the vehicle clauses in section VI of this Agreement, notwithstanding that collision damage waiver may have been purchased. Broken windscreens, punctures and damaged tyres are at the cost of Hirer (unless covered by our insurance).
VI USE OF THE VEHICLE
6.1 Owner’s vehicles may not be used for the carriage 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 Transportation Services Licensing Act 1989.
6.2 The driver of the vehicle must carry a valid driver license at all times. In case such driver license is not available in the English language, the driver shall carry the certified translation of the driver’s license from the approved translator.
6.3 During the term of this Agreement the Hirer undertakes to use the rented vehicle in a reasonable manner and to ensure that they will abide by any New Zealand traffic or other laws and regulations. Any traffic infringements will be charged to the Hirer as well as a $25.00 fee for administration.
6.4 Without limiting, the Hirer shall especially not:
1. Sublet or hire the vehicle to any person;
2. Permit the vehicle to be operated without his or her authority. If the vehicle is operated by someone other than the Hirer, the Hirer shall be responsible for actions taken by such driver;
3. Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or operate under the influence of any drink or drug);
4. Operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
5. Operate the vehicle or permit it to be operated to tow or propel any other vehicle;
6. Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulation 1976 or any other Act, regulations or bylaws relating to road traffic;
7. Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of the goods specified in the
certificate of the loading if the vehicle;
8. Drive or permit the vehicle to be driven by any other person if at the time of driving the vehicle the Hirer of the vehicle is not the holder of the current full drivers licence appropriate for the vehicle.
9. Smoke in the rental car. There is a no-smoking policy in all our vehicles. A $75.00 grooming fee will be charged if the hirer is in breach of the policy.
VII RETURN OF THE VEHICLE
7.1 The Hirer shall return the vehicle to designated drop off point at the expiry of the term of hire. The Hirer may return the vehicle before the expiry of the term of hire or continue use of the vehicle after the expiry of the term of hire if such return or continuation of use is approved by the owner.
7.2 If the vehicle is returned in a condition that is, on our opinion, extensively dirty outside or inside, then a $50 cleaning fee will be charged.
7.3 If the vehicle is returned more than one hour after the due date and time without Owner’s approval, it will be deemed to be hired for at least an additional day and will be charged accordingly.
VIII IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGED
8.1 The Owner shall have the right to terminate the rental of the vehicle prior to the expiry of the hire term and take immediate possession of the vehicle if the Hirer fails to comply with any of the terms of this Agreement, or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to other rights of the Owner and the rights of the Hirer under this agreement or otherwise.
IX INSURANCE CONDITIONS
9.1 Subject to the exclusions set out below, the Hirer, and any driver authorised to drive the vehicle, is fully indemnified in respect of any liability he or she might have to the Owner in respect of the loss or damage of the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the Owner, including towage and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusion set out below, the Hirer, and any driver authorised to drive the vehicle, 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.
Standard excess is $2,000. Option A excess is $400.00. Option B excess is $0.00. (Rates are excluding the Applicable underage excesses).
9.2. A security bond equal to the applicable excess will be held.
X EXCLUSION TO INSURANCE COVER
10.1 The indemnities referred to above shall not apply where the damage, injury or loss arises when:
1. The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle.
2. 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.
3. The vehicle is operated in any race, speed test, rally or contest.
4. The vehicle is driven by any person not named in clause 3 of the Rental Agreement;
5. The vehicle is driven by a person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for the
vehicle.
6. The vehicle is wilfully or recklessly damaged by the Hirer or any other person named in clause 3 of this agreement or driving the vehicle under the authority of the Hirer, or is lost as a result of willful and reckless behaviour of the Hirer or any such person (Note: wilful or reckless damage includes fire, any punctures or damage to tyres or rims caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle).
7. The vehicle is operated outside the term of the hire or any agreed extension of the term;
8. The vehicle is operated in breach of section VI of this agreement;
9. In the event that the driver is charged with an offence as a result of an accident, the Hirer's liability is increased by $5,000
10. The vehicle is operated on any of the following roads: Ball Hutt Road, Skipper Canyon, any beaches.
11. The costs to replace keys which have been lost, broken or damaged, the cost of retrieval of keys which have been locked inside a Vehicle.
10.2 It is agreed between the Owner and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply to the above as if this clause constituted a contract of Insurance. The general effect of this provision is that an exclusion will not apply if the Hirer proves on the balance of probability that the damage was not caused or constituted to by the matters to which the exclusion applies.
IX INSURANCE CONDITIONS
11.1 In the event of an accident no refund of unused hire will be made. Provision of a replacement vehicle is at owner's discretion.
11.2 Where vehicles are fitted with radio; radio/cassette players, air con and any other accessories, these are supplied 'gratis' and do not form any part the Agreement unless specifically stated.
XII ROADSIDE ASSISTANCE
12.1 There is no charge for AA Roadside Assistance for mechanical breakdowns or problems.
12.2 For any AA call-outs relating to flat batteries, lost keys, fuel, wheels and tyres will be at the cost of the hirer.
XIII CANCELLATION POLICY
13.1 If the cancellation is received 2 days before pickup no cancellation fee is applicable. The Owner shall charge 50% of the rental fee in the event that cancellation is
received less than 2 days before the pickup (the Cancellation Fee).
XIV PRIVACY POLICY
14.1 Your personal information is held confidentially and securely. We will not sell any information to third parties.
Mint Rentals legal trading name is Mint Rentals Limited (Company Number: 6465895). Mint Rentals Limited is a 100% New Zealand owned business and all transactions will be billed in New Zealand dollars.