LOTOULI RENTALS - Terms & Conditions

18 September 2024

1. Terms & Conditions

The Rental Agreement comprises these terms and conditions and the Rental Document setting out the hire details which is provided with each vehicle at the point of hire (referred to in these terms and conditions as the “Rental Document”). 

The Rental Agreement is made between Lotouli Rentals and the person and/or company signing the Rental Document (herein referred to as “the hirer”) whose particulars are recorded in the Rental Document. It is hereby agreed as follows:

1. VEHICLE DESCRIPTION & TERM OF HIRE

1. Lotouli Rentals agrees to rent the motor vehicle (herein referred to as “the vehicle”), and the hirer agrees to take on the rental of the vehicle, details of which are described in the Rental Document, for the term of hire as described in the Rental Document. 

2. The term of hire of the vehicle starts and ends at the times set out in the Rental Document, subject to any extension or early return.

2. PERSONS WHO MAY DRIVE THE RENTAL VEHICLE 

1. The vehicle may be driven during the term of hire only by the authorized persons named on the Rental Document. Each authorized driver must be at least 21 years of age and hold a current full valid driver’s license appropriate for the vehicle while they are using the vehicle. 

2. All authorized drivers need to be present when the vehicle is picked up and the driver license of each authorized driver must be presented to Lotouli Rentals at this time. 

3. Lotouli Rentals may choose to accept a restricted New Zealand driver license, or driver license of any other nationality at its own discretion. 

4. Lotouli Rentals may choose to accept, at its own discretion, a driver younger than 21 years of age. The authorized driver must only operate the vehicle under the supervision and in the presence of the holder of a full driver’s license, or any other conditions set by Lotouli Rentals. 

3. PAYMENTS BY HIRER

1. The hirer shall pay Lotouli Rentals for the hire of the vehicle the sum or sums specified in the Rental Document and authorizes Lotouli Rentals to charge all amounts payable to the hirer’s account. The hirer’s account means a nominated debit card, credit card or pre-arranged charge account. 

2. The hirer shall pay Lotouli Rentals a deposit of 50% of the rental sum to secure the rental, which must be paid at the time of boking. The hirer accepts that should the hirer cancel the booking within 24 hours of pickup time, the deposit is forfeited. 

3. The hirer shall pay to Lotouli Rentals a bond of $200, to be paid at the time of booking and refunded 1 week after the end of term of hire (subject to the other terms of the Rental Agreement). 

4. In addition to the payment specified in clause 3.1 above, the hirer acknowledges that they shall be liable at the end of the hire term to pay to Lotouli Rentals any applicable additional charges payable for the term of hire. These include, but are not limited to:

a) charges to cover any additional drivers;

b) charges for fuel used if vehicle is returned unfilled;

c) charges for late return of the vehicle;

d) charges for damage to or repair of the vehicle (subject to the other terms of the Rental Agreement); and any enforcement charges in relation to such damages or repairs (including legal costs);

e) additional charges for cleaning the vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odors including cigarette smoke;

f) traffic and / or parking offence infringement fees;

g) the administration fees as specified in the Rental Agreement; and

h) any surcharges in connection with the use of a debit or credit card by the hirer.

4. USE OF THE VEHICLE

1. The hirer shall not:

a) use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner’s knowledge for use in a passenger service licensed under the Transport Act 1965 (“the Act”)

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 the circumstances that constitute an offence against any of Part 5 and Part 5A of the Act (which relates to driving under the influence of alcohol or drugs);

e) operate the vehicle or allow it to be operated in or in connection to any race, speed test, reliability trial, rally or contest;

f) operate the vehicle or allow it to be operated, in breach of the Act, Land Transport 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 the maximum specified in the certificate of loading and / or road user charge certificate, whichever is the lesser, for the vehicle;

h) drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current driver’s license appropriate for the vehicle;

i) drive or allow the vehicle to be driven off-road or on any roads, conditions or locations likely to damage the vehicle;

j) drive or allow to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle;

k) operate the vehicle or allow it to be operated to propel or tow any other vehicle;

l) transport any animal in the vehicle (with the exception of guide dogs for visually impaired people); 

m) operate or allow the vehicle to be used in involvement with any illegal activity; or 

n) allow any person to smoke in the vehicle. 

5. HIRER’S OBLIGATIONS

1. The hirer shall ensure that:

a) all reasonable care is taken when driving and parking the vehicle;

b) only the fuel type specified for the vehicle will be used;

c) the vehicle is locked and secured at all times when it is not in use and the keys kept under the hirer’s personal control at all times;

d) no part of the engine, transmission, braking or suspension systems are interfered with;

e) should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and advise Lotouli Rentals immediately; and

f) all drivers authorized to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; and 

g) any authorized driver carries their driver’s license with them in the vehicle at all times and will produce it on demand to any enforcement officer. 

6. OWNER’S OBLIGATIONS

1. Lotouli Rentals shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards. 

7. MECHANICAL REPAIRS AND ACCIDENTS

1. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify Lotouli Rentals immediately of the full circumstances by telephone or whatever practical means. 

2. The hirer shall not arrange or undertake any repairs or salvage without Lotouli Rental’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

3. 24-hour roadside assistance is free for all inherent mechanical faults (as determined by Lotouli Rentals or its authorized repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance call outs including refueling, jump start, tyre related incidents, lost keys and keys locked in vehicle, a service fee will be charged. 

4. If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at Lotouli Rental’s sole discretion. 

8. RETURN OF VEHICLE

1. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Document or obtain Lotouli Rental’s consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause, and does not immediately return the vehicle, Lotouli Rentals may report the vehicle as stolen to the Police and the hirer must compensate Lotouli Rentals for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by Lotouli Rentals. 

9. LIABILITY

1. The hirer is liable for – 

a) any loss of, damage to, the vehicle and its accessories.

b) any consequential damage, loss or costs incurred by Lotouli Rentals, including salvage costs, loss of ability to re-hire and loss of revenue; and 

c) any loss of, damage to, vehicles and property of third parties, arising during the term of hire. 

10. INSURANCE

1. The hirer is advised that Lotouli Rentals offer:

a. Basic Insurance - $0 - $1000 excess, (included daily cost)

b. Standard insurance - $0 - $1500 excess, (Additional Cost of $20 per day)

c. Island Cover Insurance - Starting from $0 excess, (Additional Cost of $25 per day)

2. The hirer may choose to make their own insurance arrangements with their insurance provider, with respect to this Rental Agreement, subject to the approval of Lotouli Rentals.

3. If the hirer elects to use their own insurance, then the hirer accepts all liability for all losses, costs and damages set out in clause 9. 

4. Notwithstanding clause 10.3, the hirer remains liable for all losses, costs and damages set out in clause 9. 

11. TRAFFIC OFFENCES

1. All penalties relating to traffic and / or parking offences are the responsibility of the hirer and Lotouli Rentals may charge the hirer’s credit card for any traffic and / or parking offence infringement fees incurred by the hirer. Lotouli Rentals undertakes, in the event that Lotouli Rentals receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. 

The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing. Details of this process are provided in the infringement notice issued by the enforcement authority, which will be provided to the hirer. 

12. CANCELLATION OF HIRE AGREEMENT

1. Lotouli Rentals has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of hire under the authority of this clause shall be without prejudice to the other rights of Lotouli Rentals and the rights of the hirer under the Rental Agreement or otherwise. 

2. Should the hirer cancel the booking within 72 hours of pickup time, the deposit paid at the time of booking is forfeited.