Exploremore Queenie 2 berth - Terms & Conditions

Explore More Rental Agreement Terms and Conditions

1) Rates and Conditions
Rates and Conditions quoted in our brochures and/or documentation are subject to change without notice. However (subject to changes in legislation or errors) we will not alter rates or conditions applicable to your rental once your booking has been confirmed by Explore More. Please note all prices are quoted and payable in New Zealand dollars.

2) Definitions
‘This Agreement’ means the Rental Agreement and these Terms and Conditions. ‘Customer’ means the person or persons nominated as the hirer and any person whose credit card is presented for payment of the Customer’s charges. ‘Explore More‘ means Tourism Holdings Ltd. ‘Rental Period’ means the hire
period or any agreed variation thereof and any additional period during which the Vehicle is in theCustomer’s possession or control. ‘Vehicle’ means the Vehicle hired by the Customer and includes tyres, tools, accessories, camping utensils, and all other equipment, documents or additional hire items related
to the Vehicle and any replacement or substitute Vehicle which may be provided.

3) Rental Duration
3.1 Rental days are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the day of pick-up is counted as day one of the rental, regardless of pick-up time. The day of the Vehicle’s return is counted as the final day of the rental regardless of drop-off time.
3.2 Minimum rental period is 5 days. Minimum rental period is 10 days for hires between 23 December 2007 and 10 January 2008. Minimum rental period is subject to change.
3.3 Late pick up or early return of the Vehicle does not entitle the Customer to any refund of the unused portion of the rental.

4) Delivery and Return of the Vehicle
4.1 The Customer acknowledges having received the Vehicle in a clean condition, with a full fuel tank.
4.2 The Customer will return the Vehicle in a clean condition with a full fuel tank, on the return date, time and location set out in the Rental Agreement.
4.3 The Customer acknowledges that Explore More will reasonably determine what, if any, refund may be warranted if the Vehicle is returned or the Customer ceases to have the use of the Vehicle prior to the return date.

5) Depot Hours of Operation and Transfers
5.1 All Explore More depots are open 7 days per week, 0800 to 1630 Monday to Sunday. All depots are closed Christmas Day (25 December). Depot locations are in Auckland and Christchurch.
5.2 Free transfers are available from local hostels, hotels or motels within a 5km radius of the Auckland and Christchurch depots, on the day of pick up and drop off of your Vehicle. Customers need to make their own way to our depot from Auckland airport.

6) Change of Drop-off Destination
If the Customer wishes to change their drop-off destination, they must first obtain authorisation from Explore More. Subject to the change being approved, an additional charge of up to NZ$500 may apply, which will be notified to you at the time of approval. The fee may apply in all cases irrespective of the
reason for location change, except where Clause 11.4 is enforced.

7) Rental Extension
7.1 If the Customer wishes to extend their rental whilst on hire, they must first obtain authorisation from Explore More. This is subject to availability. The extra cost of an extended rental must be paid by credit card on confirmation of the rental extension, either by telephone or at an Explore More depot. The
additional days will be at the Explore More published Gross Rate available at the time of the extension.
7.2 Failure to obtain an authorisation for a rental extension will result in a late fee of NZ$150 per day in addition to the daily rental rate for each day until the Vehicle is returned. The daily rental rate charged will be based on the Explore More published Gross Rates available per Vehicle for the extended rental period.

8) One-way Rentals
8.1 One-Way rentals are available between all depot locations.
8.2 A One-Way fee of NZ$150 is charged for rentals between the North and South islands, regardless of direction where pick up is between 1 November 2007 and 31 March 2008.

9) Licence
A full (non-probationary) resident country driver’s licence must be presented at the time of rental for each nominated driver. If the licence is not in English format, an international driver’s licence is also required. The driver’s licence must have been held for at least 2 years and be valid for the entire length of the rental. The original driver’s licence must be shown at the time of pick up with the driver(s) present.

10) Age Restrictions
Drivers must be 18 years of age or over. The excess options offered are applicable to the youngest driver’s age. A medical certificate stating that the Customer is fit to drive the Vehicle they have booked for the duration of the hire is required for drivers over the age of 75.

11) Use of the Vehicle
11.1 The Customer agrees that, during the Rental Period, the Customer will not allow the Vehicle to be:
(a) driven otherwise than in a prudent and cautious manner. A single Vehicle rollover is considered a breach of this condition and the Customer will be responsible for the first $2,500 (if the hirer is 18-21 years of age) or $1,500 (if the hirer is 21 years of age or over) of the cost of damage as described in
clause 17.8 regardless of fault;
(b) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(c) left with the ignition key in the Vehicle while it is unoccupied;
(d) damaged by:
(i) submersion in water
(ii) contact with salt water
(iii) creek or river crossing
(iv) driving through low plain flooded areas
(v) beach driving
(e) used for any illegal purpose or in a race, rally or contest;
(f) used to propel or tow any Vehicle or trailer;
(g) used to carry passengers or property for hire or reward;
(h) used to carry more persons and/or weight than is permitted by any relevant authority, detailed in the Vehicle manual, on the Vehicle or specified in this Agreement;
(i) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; Where damage to the Vehicle is caused by a breach of this clause, or occurs as a result of a breach of this clause, the hirer shall be responsible for the full cost of repair of all such damage.
11.2 Road restrictions apply as follows:
a) Explore More Vehicles may only be driven on sealed/bitumen or well-maintained roads.
b) Vehicles are not permitted on Skippers Road (Queenstown), Ninety Mile Beach (Northland), Ball Hut Road (Mt Cook), North of Colville Township (Coromandel Peninsula) and Tapu-Coroglen Road (Coromandel Peninsula). The Customer is responsible for all damage if travelling on these roads as
defined in clause 21.9
11.3 We value your well-being, and for safety purposes, Explore More reserves the right, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions, and he distance to nominated destinations in relation to the length of the hire period. Explore More will advise you on pick up of any travel restrictions known at that time.
11.4 Where Explore More mandates a change in drop off location, fees as per Clause 6 will not apply.
11.5 The Customer shall not make any alterations or additions to the Vehicle without the prior written consent of Explore More.
11.6 The Customer will not allow any animals to be carried in the Vehicle, excluding registered guide dogs.
11.7 The Customer shall take all reasonable steps to properly maintain the Vehicle, including daily checks of the oil, water and batteries, and will contact Explore More immediately should Vehicle warning lights indicate any potential malfunction.

12) Maintenance and Repairs
12.1 Explore More will reimburse Customers for expenditure up to NZ$100 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle that is not the fault of the Customer. For repairs costing over NZ$100, Explore More will need to be informed and confirm the repair
in advance. Repairs will be approved and reimbursement, where applicable, will be granted provided theCustomer was not responsible for the damage. In all cases, receipts must be submitted for any repair or the claim will not be paid.
12.2 Subject to the terms of the Excess Reduction, the Customer will pay for the cost of repairing or replacing tyres damaged during the rental period except if the tyre is defective and is returned by the Customer to Explore More for inspection and is subject to a warranty claim on the manufacturer.
12.3 The Customer will be liable for any cost associated with the incorrect use of fuel (fuel being diesel or petrol) or water or other contamination of fuel.
12.4 Explore More reserves the right to charge the daily rental rate for the period the Vehicle is off fleet for accident repairs.

13) On-Road Assistance
(a) Any problems associated with the Vehicle, including equipment failure, must be reported to Explore More within 24 hours in order to give Explore More the opportunity to rectify the problem during the rental. Failure to do so will compromise any claims for compensation. Subject to clause 21, Explore More
reserves the right to not accept liability for any claims submitted after this period.
(b) All Vehicles are registered with the Automobile Association (AA) for 24hr roadside assistance. This service covers any mechanical faults with the Vehicle - for detailed information please refer to the AA Card that is attached to your contract. Please note that the AA does not cover the following and the associated costs will be the responsibility of the hirer; The Vehicle running out of fuel; Keys being locked inside the Vehicle or lost; Flat batteries as a result of the lights or keys being left on; A breakdown as a result of damage caused in an accident.
CALL AA TOLL-FREE 0800 734 543
(c) The hirer shall ensure that no persons 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.
(d) All AA non-mechanical call-outs will incur a call-out charge of NZ$85.
(e) The AA service operates 24hrs, however for mechanical repairs outside office hours (including weekends and Public Holidays), some delays may occur. The owner will always endeavour to have the Vehicle repaired in the shortest time possible.
(f) The availability of an Exchange Vehicle is not guaranteed; provision is subject to availability, Customerlocation, accident liability and remaining hire duration. Hirer charges may be incurred (see below). If an Exchange Vehicle is required as a result of an accident, the hirer is responsible for making their own way to the nearest Explore More depot or pickup location. Explore More may offer the hirer the option of paying an “Exchange Vehicle Relocation Fee” to send a driver to deliver the Exchange Vehicle to the hirer’s location. The hirer will pay for any costs relating to delivery of a change-over Vehicle as a result of any single Vehicle accident. This charge applies irrespective of any excess reduction taken.
(g) In the event of an accident occurring and an Exchange Vehicle is not available, Explore More will not be liable for any resulting accommodation or living expenses that are incurred.

14) Vehicle Availability
14.1 Vehicles cannot be requested by make, model or colour, only by Vehicle category.
14.2 Explore More will endeavour to supply the Vehicle category selected, however should the Vehicle booked be unavailable through unforeseen circumstances, Explore More reserve the right to substitute an alternative Vehicle without prior notification. The alternative Vehicle shall be as close a substitute for the booked Vehicle as possible. Explore More will reasonably determine what, if any, refund may be warranted if a Vehicle substitution is required.
14.3 Should the Customer decide to voluntarily downgrade their Vehicle type from the category booked, they will not be entitled to a refund.

15) Title to Vehicle
The Customer acknowledges that Explore More retains title to the Vehicle at all times. The Customer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

16) For Your Protection
Personal Injury is covered in most cases through Registration Third Party Insurance. However, we strongly recommend that all people travelling in New Zealand take out Personal Travel Insurance. Explore More does not accept any liability for personal injuries sustained during rental.

17) Vehicle Damage – Excess Reduction Options
17.1 The Customer understands that:
(a) the Vehicle is insured for third party Vehicle and property damage;
(b) the Customer will have to pay an excess in respect of any damage incurred whilst in the Customers possession;
(c) the excess may be reduced by taking out Excess Reduction coverage.
17.2 Any Excess Option is void, and the Customer will be responsible for the total cost of any damage (as per clause 17.8) if the Customer breaches any of the conditions of clause 11.
17.3 If no Excess Reduction Option is taken, the Customer is responsible for the first NZ$2,500 (if 18-20 years of age) or NZ$1,500 (if 21 years of age or over) of the cost of damage as described in clause 17.8.
17.4 With Excess Reduction Option 1 the Customer is responsible for the first NZ$1,000 (if 18-20 years of age) or NZ$800 (if 21 years of age or over), as described in clause 17.8.
17.5 With Excess Reduction Option 2 the hirer will not have to pay excess for any damage to the Vehicle if they are 21 years of age or over, subject to Clause 18. If the hirer is 18-20 years of age then an excess of NZ$100 applies.
17.6 The excess applies in respect of each claim, not rental.
17.7 The excess is applicable regardless of who is at fault and must be paid at the time the accident report is completed, not at the completion of the rental. The excess will be refunded only if Explore More is successful in recovering the cost of the damages from the Third Party. Please note that Third Party Claims can take many months to resolve.
17.8 Damage includes any and all damage to third party property, damage to the rented Vehicle including windscreens, tyres, towing and recovery costs, theft, fire, break in or vandalism. This also includes the cost of the daily rental rate for the period the Vehicle is off fleet for repair.

18) Exclusions
The Customer acknowledges that they are responsible for all costs for the following damage irrespective of the Excess Option that may have been taken. Damage as identified below is specifically excluded from any Excess Option limitation of liability and the Customer remains fully liable for all costs incurred.
a) for any damage due to Vehicle use in contravention of clause 11 ‘Use Of The Vehicle’;
b) any damage caused by willful misconduct (e.g. sitting or standing on the bonnet or roof of the Vehicle) and driving under the influence of alcohol or drugs and negligence resulting in damage to the hired Vehicle or Third Party Vehicle/property
c) for any loss or damage to personal belongings: Explore More recommends the Customer does not leave valuables in the Vehicle and that they take out personal insurance;
d) If the Customer is proven to not have abided by the current road rules, resulting in damage to the hired Vehicle or third party/Vehicle property;
e) The cost to retrieve or recover a Vehicle that has become bogged or immovable;
f) The cost to replace keys which have become lost, stolen, or retrieval of keys which have been locked in the Vehicle;
g) drivers not identified on the rental agreement and/or drivers that have a licence that has been cancelled or suspended and/or drivers who have a licence that is classified as a learners or probationary licence.

19) Vehicle Security Bond
19.1 A Bond is required for all hires. On pick-up of the Vehicle, the Customer agrees to leave a CreditCard imprint. The Customer authorises Explore More to deduct from the Vehicle Bond any amounts due by them to Explore More arising out of the Agreement. The Vehicle Bond amount is determined by the
Excess Reduction Option selected.
19.2 The Bond imprint is a guarantee that the Vehicle will be returned on time, to the correct location, undamaged, with a clean interior and with full fuel tanks (Fuel being petrol or diesel).
19.3 Explore More reserves the right to charge a NZ$100 soiling fee if the Vehicle is not returned with the interior in a clean condition.
19.4 Failure to return the Vehicle with full petrol diesel tank (if appropriate) will result in refill charges, which will be advised upon return of the Vehicle.

20) Procedures in case of Accident
If the Customer is involved in a motor Vehicle accident whilst on hire, the following procedures should be followed:
A) AT THE ACCIDENT SCENE THE CUSTOMER MUST:
1. Obtain the names and addresses of third parties and any witnesses.
2. Report the accident to police, regardless of estimated damage costs.
3. Not accept blame or insist the other party is at fault.
4. If possible, photograph damage to all Vehicle(s) and registration number(s).
5. Phone the nearest Explore More Depot with the accident’s details within 24 hours.
B) AT THE DEPOT
1. The Customer must produce their Driver’s Licence and hand over the police report (if applicable) and any supporting photographs.
2. The Customer is required to pay the excess (if applicable) and any other amount due by them in respect of any damage arising from an accident, loss or damage. This amount is payable at the time of reporting ‘the event’ and not at completion of the Rental Period.
3. The Explore More Customer Service Representative will ensure the Motor Vehicle Accident Report is completed clearly and accurately signed by the Customer.
C) EXCHANGE VEHICLE
1. The availability of an Exchange Vehicle is not guaranteed; provision is subject to availability, Customer location, accident liability and remaining hire duration. Customer charges may be incurred (see below).
2. If an Exchange Vehicle is required as a result of an accident, the Customer is responsible for making their own way to the nearest Explore More depot or pick up location at their own cost.
3. Explore More may offer the Customer the option of paying an “Exchange Vehicle Relocation Fee” to send a drive to deliver the exchange Vehicle to the Customer’s location.
4. The Customer will pay for any costs relating to delivery of a change over Vehicle as a result of any single Vehicle accident. This charge applies irrespective of any excess reduction taken.
5. A new Security Bond will be required for the exchange Vehicle.
D) TIME FRAME FOR SETTLEMENT OF CUSTOMER EXCESS CLAIMS
1. Explore More shall use best endeavours to ensure that any money due back to the Customer is forwarded as quickly as possible, however Third Party claims can take months or even years to resolve. Explore More cannot force the destiny of these claims, and the Customer acknowledges
that handling of these claims is up to Explore More’s Insurer and the Third Party, whether they be insured or not.
2. Explore More agrees to refund any Excess refunds applicable within 60 days of receiving final resolution and payment relating to third party claims.
3. The Customer agrees to provide all reasonable assistance to Explore More in handling any claim including providing all relevant information and attending Court to give evidence.
Important Note: Under no circumstances should the Customer attempt to start or drive a Vehicle that has been involved in an accident, damaged by roll-over, water submersion or any other means without permission from Explore More.
If the Vehicle is un-driveable after an accident and the Customer would like to have a replacement Vehicle, which will be subject to time, distance and availability, the Customer must make his/her own way (at the Customer’s expense) to the nearest Explore More depot. In the event that the Vehicle is
considered a write-off the Excess Reduction cover will terminate. Should the Customer require a change over Vehicle, a new Excess Reduction policy will be required.

21) Release and Indemnity of Explore More
21.1 The Customer releases Explore More, its employees and agents, from any liability to the Customer (regardless of who is at fault), for any loss or damage incurred by the Customer by reason of rental, possession or use of the Vehicle.
21.2 The Customer hereby indemnifies and shall keep indemnified Explore More, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the Customers use and/or possession of the Vehicle.
21.3 Any indemnity required of the Customer shall not operate to indemnify Explore More in respect of any negligent act by Explore More.

22) Infringements
We reserve the rights to charge the hirer for any speeding or parking fines, traffic infringements or road toll fines and associated administration costs and/or accidents including third party property damage not reported on return of the Vehicle. The Administration Fee per infringement will be NZ$50.

23) Rental Charges
Total charges as set out in your rental agreement are not final. The Customer will pay any shortfall in charges to Explore More and the Customer will receive a refund for any overcharges made by Explore More. Wherever possible, any amendment to charges will be notified to the Customer at conclusion of rental, and the Customer agrees to payment of any such charges at that time.

24) Payment of Charges - Joint and Several Liability
All charges and expenses payable by the Customer under this Agreement are due on demand by Explore More including any collection costs and reasonable legal fees incurred by Explore More. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this Agreement.

25) Credit Card Payments
25.1 If a credit card is presented as payment, the credit card holder will be jointly and severally liable as a Customer.
25.2 The following credit cards will be accepted: Visa, MasterCard and American Express. Diners Cards will not be accepted as payment.
25.3 When payment is made by credit card, the Customer agrees that:
a) Explore More is irrevocably authorised to complete any documentation and to take any other action to recover from the Customer’s credit card issuer all amounts due by the Customer pursuant to this Agreement, including, but not limited to, any amounts due in respect of damage to the Vehicle or to
property of a third party and all other additional charges as they are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs;
b) the Customer will not dispute his/her liability to Explore More for any amount properly due under this Agreement and the Customer shall indemnify and keep indemnified Explore More against any loss incurred (including legal costs) by reason of notifying the Customer’s credit card issuer of such dispute;
c) in the event that Explore More elect to accept payment of the Security Deposit by holding a signed and authorised open credit card voucher which is returned to the Customer at the completion of the Rental Period, the Customer agrees that Explore More is entitled to recover payment from the Customer’s credit card issuer pursuant to paragraph (a) in respect of any amounts due which were not known at the time of return of the voucher; and
d) Explore More may process credit card charges pertaining to the rental after the hire period.
25.4 The Customer acknowledges that all transactions under this Agreement are conducted in New Zealand dollars. Due to exchange rate fluctuations and bank fees there could be some variance between the amount initially debited against the Customer’s credit card and the amount refunded. Explore More accepts no liability for any such variation.

26) Personal and Company Cheques
Personal and Company cheques will not be accepted as payment for rentals at the time of pick-up. These must be received by Explore More 14 days prior to commencement of the Rental. Personal or Company cheques are not acceptable as the Vehicle Bond.

27) Conditional Upon Payment
The Customer agrees that provision of any rental Vehicle is conditional upon Explore More being paid (prior to travel commencing) by the Travel Agent or Travel Wholesaler who arranged the Vehicle rental on the Customer’s behalf.

28) Terminating the Agreement and Repossessing the Vehicle
28.1 The Customer acknowledges that Explore More may terminate this Agreement and repossess the Vehicle (and for that purpose enter upon any premises and remove the Vehicle) at any time, without notification to the Customer, and that the Customer will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
(a) the Customer is in breach of any material term of this Agreement, particularly clauses 11 and 33;
(b) the Customer has obtained the Vehicle through fraud or misrepresentation;
(c) the Vehicle appears to be abandoned;
(d) the Vehicle is not returned on the agreed return date or Explore More reasonably believe that the Vehicle will not be returned on the agreed return date; or
(e) Explore More considers, on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is endangered.
28.2 The Customer understands that in the event of such termination or repossession, the Customer has no right to a refund of any part of the rental charges or the Vehicle Bond.

If Vehicle is returned early for any reason whatsoever No refund available

30) Amendments
Amendment fees made prior to pick up do not apply.

31) Proper Law
This Agreement is governed by New Zealand law.

32) Customer Warranties
The Customer warrants that all information supplied by them to Explore More in connection with this Agreement is true.

33) Entire Agreement
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement.

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