Britz Rental Agreement - Britz Campervan Hire NZ

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					                                                                       BriTz renTal agreemenT
                                                                   Terms and CondiTions
                                                                       New Zealand Campervan, 4WD & Car Rentals
                                                                       Effective: 01 April 2011 – 31 March 2012

             Thank you for choosing Britz. We are very proud             Island if the rental commences between the months         change. If travel is between 1 September 2011 and
             of our product and our reputation, and we                   of October through to March.                              31 October 2011 and the pick up or return location
             have built our business on providing the best               Minimum rental periods are subject to change,             is amended within 60 days of the vehicle pick up
             possible experience for our customers. Your                 and any change will be notified to you prior              date a relocation fee of NZ$1,000 may apply. If the
             safety and security are our greatest concerns,              to booking confirmation.                                  customer wishes to change the drop-off destination
             so to assist you in making your holiday a                   3.3 Late pick-up or early return of the Vehicle does      after the rental has commenced, they must first
             wonderful experience, it is important for you               not entitle the Customer to any refund of the unused      obtain authorisation from the Reservations or
             to carefully read these terms and conditions.               portion of the rental.                                    Scheduling departments. If approved a minimum
                                                                         CARS                                                      charge of NZ$1,000 applies. The extra cost must be
             Should you have any questions about these
                                                                                                                                   paid immediately via credit card.
             terms and conditions please contact us on                   3.4 Unlike Campervans, Rental Car days are
             freecall 0800 831 900. These terms and                      calculated on a 24-hour basis.                            7) Late drop-offs
             conditions do not exclude, restrict or modify               3.5 Mimimun rental period is 1 day for Cars               7.1 If the Customer wishes to drop-off the Vehicle
             the application of any provision, the exercise              where pick up and return is to the same location. For     after business hours, they must first get approval
             of any right, or the imposition of any liability            rentals, travelling between locations the minimum         from the branch of destination. Failure to obtain
             under any New Zealand consumer law statute,                 rental duration is 3 days. For hires, travelling from     authorisation will result in a daily fee of NZ$150 in
             where that would contravene the statute.                    the North Island to the South Island the minimum          additional to the daily rate.
             However, the Consumer Guarantees Act 1993                   requirement is 7 days.                                    7.2 The Customer will be required to pay an extra
             will not apply to hire contracts for business               Minimum rental periods are subject to change and          day’s Liability Reduction Premium (based on the
             purposes.                                                   any such change will be notified to you prior to          Liability Reduction Option selected) as they will be
                                                                         booking confirmation.                                     held responsible for the Vehicle up until the time that
             1) Rates and conditions                                     3.6 Late pick-up or early return of the Vehicle does      it is checked in by a Britz staff member.
             Rates and Conditions quoted in our brochures and/or         not entitle the Customer to any refund of the unused
             documentation are subject to change without notice.
                                                                                                                                   8) Rental extension
                                                                         portion of the rental.                                    8.1 If the Customer wishes to extend the rental
             However (subject to changes in legislation or errors)
             we will not alter rates or conditions applicable to         3.7 Britz allows a grace period of 59 minutes before      whilst on hire, they must first obtain authorisation
             your rental once Britz has confirmed your booking.          the Customer is liable for late return charges.           from Britz. This is subject to availability. The extra cost
             Any booking amendments will result in the rate              • 1 hour late, one third of the daily rate will apply.    of an extended rental must be paid by credit card on
             booked being re-calculated at the rate applicable on        • 2 hours late, two thirds of the daily rate              confirmation of the rental extension.
             the date of amendment. Please note all prices are               will apply.                                           8.2 Failure to obtain an authorisation for a rental
             quoted and payable in New Zealand dollars. If travel        • 3 hours late, one full day rate will apply.             extension will result in a late fee of NZ$150 per day
             is between 1 September 2011 and 31 October 2011                                                                       in addition to the daily rental rate (including Liability
                                                                         4) Delivery and return of the vehicle                     Reduction charges) for each day until the Vehicle is
             and rental dates are amended within 60 days of the
             vehicle collection date, no refund will be made if the      4.1 The Customer acknowledges having received the         returned. The daily rental rate charged will be the
             hire is shortened.                                          Vehicle in a clean condition, with a full fuel tank and   rate applicable on the day of extension (which may
                                                                         full bottles of gas (if applicable).                      differ from the original rate booked) per vehicle for
             2) Definitions                                              4.2 The Customer will return the Vehicle in a clean       the extended rental period.
             ‘This Agreement’ means the Rental Agreement and             condition with a full fuel tank and full bottles of gas
             these Terms and Conditions.                                 (if applicable) (subject to any pre-purchase fuel and/    9) Wellington & Queenstown
             ‘Customer’ means the person or persons nominated            or pre-purchase gas option being taken),                  An additional location fee of NZ$210 applies to all
             as the hirer and any person whose credit card is            on the return date, time and location set out in          campervans picking up or dropping off in Wellington
             presented for payment of the Customer’s charges.            the Rental Agreement. Failure to adhere to these          and Queenstown. If the pick up and drop off occurs
             Refer to clauses 24 and 31 for information about the        requirements will result in additional charges.           in the same city, only one location fee will apply. This
             Vehicle Security Deposit requirements and credit card       Should the Customer have the pre-purchase fuel and/       is in addition to the one-way fee if applicable. Rental
             payments.                                                   or the pre-purchase gas option there is no refund for     Cars not available in Wellington.
             ‘Britz’ means Tourism Holdings Ltd.                         unused fuel and/or gas.                                   10) Queenstown Location fee
             ‘Rental Period’ means the hire period or any agreed         4.3 The Customer acknowledges that Britz will             RENTAL CARS
             variation thereof and any additional period during          reasonably determine what, if any, refund may be
             which the Vehicle is in the Customer’s possession or                                                                  A Queenstown location fee of NZ$30 applies for car
                                                                         warranted if the Vehicle is returned or the Customer      hires with pick-up from Queenstown locations. Fees
             control.                                                    ceases to have the use of the Vehicle prior to the
             ‘Vehicle’ means the Vehicle hired by the Customer                                                                     vary between airports and are subject to change.
                                                                         return date.
             and includes tyres, tools, accessories, camping                                                                       11) One-way rentals
             utensils, and all other equipment, documents or             5) Branch hours of operation                              11.1 One-Way rentals are available between
             additional hire items related to the Vehicle and            Britz Branches are open 7 days per week, 8:00am           all branch locations.
             any replacement or substitute Vehicle that may be           to 4:30pm. Britz requests that clients collecting or
                                                                         returning their vehicle to be in the office by 3:30pm.
                                                                                                                                   11.2 A One-Way fee of NZ$300 applies for rentals
             provided.                                                                                                             between the North and South Islands where pick-up
             3) Rental durations                                         Branches are closed Christmas Day (25 December).
                                                                                                                                   is between 1 October and 31 March.
             CAMPERVANS                                                  Please ensure that you allow adequate time to             No One-Way fees apply to Rental Cars.
             3.1 Rental days are calculated on a calendar day            complete the required paperwork when collecting or
                                                                         returning your vehicle. All vehicles must be collected    12) Multiple rentals
             basis. When calculating the number of days the
             Vehicle is rented, the day of pick-up is counted as         from and returned to a Britz Campervan branch.            Should a Customer have more than one rental, the
                                                                                                                                   bookings can be combined to qualify for longer-term
             day one of the rental, regardless of pick-up time. The      6) Change of drop-off destination                         hire discounts. Campervan hire in Australia, New
             day of the Vehicle’s return is counted as the final day     If the Customer wishes to change the drop off
             of the rental regardless of drop-off time.                                                                            Zealand, and South Africa and/or car hire
                                                                         destination, they must first obtain authorisation         in New Zealand for both Britz and Maui can
             3.2 Minimum rental period is 5 days providing               from the Reservation Centre in Auckland. Subject to       be combined to qualify if travel is within
             the pick up and return location are the same.               the change being approved, an additional charge           a 3-month period.
             Minimum rental period is 7 days for hires between 1         of up to NZ$700 may apply, which will be notified
             September and 31 October. Minimum rental period             to you at time of approval and is required to be          13) Extra driver fee
             is 10 days when a vehicle is being collected from           paid immediately via credit card. The fee may apply       There are no fees for additional drivers.
             the North Island and is being returned to the South         in all cases irrespective of the reason for location

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             14) Licence                                                 16.7 The Customer shall take all reasonable steps to       21) For your protection
             A full (non-probationary) resident country driver’s         properly maintain the Vehicle, including daily checks      New Zealand legislation provides limited
             licence must be presented at the time of rental for         of the oil, water and batteries, and will contact Britz    coverage for personal injury. However, this is not a
             each nominated driver. If the licence is not in English     immediately should vehicle warning lights indicate         replacement for travel insurance and Britz strongly
             format, an international driver’s licence is also           any potential malfunction.                                 recommend that all people travelling in New Zealand
             required.                                                   17) Maintenance and repairs                                take out personal travel insurance. Britz does not
             15) Age restrictions                                        17.1 Britz will reimburse the customer for                 accept any liability for personal injuries sustained
                                                                         expenditure up to NZ$200 (campervans only)                 during the rental.
             Drivers must be 21 years of age or over. A medical
             certificate stating that the customer is fit to drive the   reasonably incurred in rectifying any mechanical           22) Vehicle damage –
             Vehicle they have booked for the duration of the hire       failure to the drive train and engine of the Vehicle.
                                                                                                                                    Liability Reduction Options
             is required for drivers over the age of 75.                 For repairs costing over NZ$200, (campervans only)
                                                                         Britz will need to be informed and confirm the             22.1 The Customer understands that:
             16) Use of the vehicle                                      repair in advance. Repairs will be approved and            (a) the Vehicle is insured for Third Party Vehicle and
             16.1 The Customer agrees that, during the Rental            reimbursement, where applicable, will be granted                property damage;
             Period, the Customer will not allow the Vehicle to be:      provided the Customer was not responsible for the          (b) the Customer will have to pay a Liability in
             (a) driven otherwise than in a prudent and cautious         damage. In all cases, receipts must be submitted for            respect of any damage incurred whilst in the
                 manner. A single vehicle rollover is considered         any repair or the claim will not be paid.                       customer’s possession;
                 a breach of this condition and the customer             17.2 Subject to the terms of the Liability Reduction,      (c) the Liability may be reduced by taking out
                 will be responsible for the first NZ$7,500 of           the Customer will pay for the cost of repairing or              Liability Reduction coverage.
                 the cost of damage as described in clause 22.9          replacing tyres damaged during the Rental Period           22.2 Any Liability Option is void, and the Customer
                 regardless of fault. The NZ$7,500 is debited from       except if the tyre is defective and is returned by the     will be responsible for the total cost of any damage
                 the Customer’s credit card immediately upon             Customer to Britz for inspection and is subject to a       (as per clause 22.9) if the Customer breaches any of
                 notification of accident to Britz. A single Vehicle     warranty claim on the manufacturer.                        the conditions of clause 16 and 23.
                 rollover may include, but is not limited to, a                                                                     22.3 If no Liability Reduction Option is taken, the
                 Vehicle that has rolled, tipped or fallen over and
                                                                         18) On-road assistance
                                                                         18.1 Any problems associated with the Vehicle              customer is responsible for the first NZ$7,500 of the
                 this has caused damage to the side and/or roof                                                                     cost of damage for Campervans and NZ$1,800 for
                 area of the Vehicle;                                    including equipment failure, must be reported
                                                                         to Britz within 24 hours in order to give Britz the        Cars as described in clause 22.9.
             (b) driven by a person under the influence of alcohol                                                                  22.4 With Liability Reduction Option 1 the Customer
                 or drugs or with a blood alcohol level in excess of     opportunity to rectify the problem during the rental.
                                                                         Failure to do so may compromise any claims for             is responsible for the first NZ$2,500 of the cost of
                 that permitted by law;                                                                                             damage for Campervans as described in clause 22.9.
                                                                         compensation. Subject to clause 26, Britz reserves
             (c) left with the ignition key in the Vehicle while it is   the right not to accept liability for any claims           22.5 With Liability Reduction Option 2 (applies to
                 unoccupied;                                             submitted after this period. Please contact Britz on:      Campervans only) the hirer will not have to pay a
             (d) damaged by:                                             0800 831 900 (North Island) or 0800 304 304 (South         Liability for any damage to the Vehicle, subject to
                 (i) submersion in water                                 Island).                                                   clause 23.
                 (ii) contact with salt water                                                                                       22.6 When the rented vehicle is a Rental Car and
                                                                         18.2 All Vehicles are registered with the Automobile
                 (iii) creek or river crossing                           Association (AA) for 24hr roadside assistance. This        Liability Reduction has been purchased the Customer
                 (iv) driving through flooded areas                      service covers any mechanical faults with the Vehicle.     will not have to pay a Liability for any damage to the
                 (v) beach driving                                       Please note that the AA does not cover the following       vehicle, subject to clause 23.
             (e) used for any illegal purpose or in any race, rally      and the associated costs will be the responsibility of     22.7 The Vehicle Security Deposit applies in respect
                 or contest;                                             the Customer:                                              of each claim, not rental.
             (f) used to tow any vehicle or trailer;                     (a) the Vehicle running out of fuel;                       22.8 The Liability is applicable regardless of who is
             (g) used to carry passengers or property for hire           (b) keys being locked inside the Vehicle or lost;          at fault and must be paid at the time the accident
                 or reward;                                              (c) flat batteries caused by incorrect usage of the        report is completed, not at the completion of the
             (h) used to carry more persons than is permitted by             batteries and/or incorrect usage of any equipment      rental. The Vehicle Security Deposit will be refunded
                 any relevant authority or detailed in the Vehicle           that requires the batteries in order to operate; and   only if Britz are successful in recovering the cost of
                 manual or on the Vehicle or specified in this                                                                      the damages from the Third Party. Please note that
                                                                         (d) a breakdown as a result of damage caused in an         Third Party claims can take many months to resolve.
                 Agreement;                                                  accident.
             (i) used to carry volatile liquids, gases, explosives                                                                  22.9 Damage includes any and all damage to
                                                                         18.3 All AA non-mechanical call-outs will incur            Third Party property, damage to the rented vehicle
                 or other corrosive or inflammable material; and         a call-out charge of NZ$85 plus GST.
             (j) used for the purpose of transporting and haulage                                                                   including windscreens, tyres, towing and recovery
                                                                         18.4 The AA service operates 24hrs, however                costs, theft, fire, break in or vandalism. This also
                 of goods other than what might be reasonably            for mechanical repairs outside office hours
                 expected of a leisure rental.                                                                                      includes the cost of the daily rental rate for the
                                                                         (including weekends and Public Holidays), some             period the vehicle is off fleet for repair.
             16.2 Road restrictions apply as follows:                    delays may occur.                                          BRITZ STRONGLY RECOMMEND THAT OUR
             (a) Britz Vehicles can only be driven on sealed/                                                                       CUSTOMERS TAKE THE LIABILITY REDUCTION
                                                                         19) Vehicle availability
                 bitumen or well-maintained roads.                                                                                  OPTION 2 FOR CAMPERVANS OR THE LIABILITY
             (b) Vehicles are not permitted on Skippers Road             19.1 Vehicles cannot be requested by make or
                                                                         model, only by vehicle category.                           REDUCTION OPTION FOR CARS FOR TRAVEL
                 (Queenstown), Ninety Mile Beach (Northland),                                                                       WITH COMPLETE PEACE OF MIND.
                 Ball Hut Road (Mt. Cook), Bluff Road that runs          19.2 Britz will endeavour to supply the vehicle
                 between Kuaotunu and Matarangi and North of             category selected, however should the Vehicle              23) Exclusions
                 Colville Township (Coromandel Peninsula).               booked be unavailable through unforeseen                   The Customer acknowledges that they are
             The Customer is responsible for all damage if               circumstances, Britz reserve the right to substitute       responsible for all costs for the following damage
             travelling on these roads as defined in clause 22.9.        an alternative Vehicle without prior notification. The     irrespective of the Liability Option that may
                                                                         alternative vehicle shall be as close a substitute for     have been taken. Damage as identified below
             16.3 We value your well being, and for safety               the booked Vehicle as possible. Britz will reasonably
             purposes, Britz reserves the right, at its sole                                                                        is specifically excluded from any Liability Option
                                                                         determine what, if any, refund may be warranted if a       limitation of liability and the customer remains fully
             discretion, to restrict Vehicle movements in certain        Vehicle substitution is required.
             areas due to adverse road or weather conditions, and                                                                   liable for all costs incurred.
             the distance to nominated destinations in relation to       19.3 Should the customer decide to voluntarily             (a) for any damage due to vehicle use in
             the length of the hire period. Britz will advise you on     downgrade their vehicle type than that booked, they             contravention of clause 16 ‘Use of Vehicle’;
             pick-up of any travel restrictions known at that time.      will not be entitled to a refund.                          (b) any damage caused by wilful misconduct (e.g.
             16.4 Where Britz mandates a change in drop off              20) Title to vehicle                                            sitting or standing on the bonnet or roof of
             location, fees as per clause 6 will not apply.              The Customer acknowledges that Britz retains title              the Vehicle) and driving under the influence
             16.5 The Customer shall not make any alterations            to the Vehicle at all times. The Customer shall not             of alcohol or drugs and negligence resulting
             or additions to the Vehicle without the prior written       agree, attempt, offer or purport to sell, assign, sub-          in damage to the hired Vehicle or Third Party
             consent from Britz.                                         let, lend, pledge, mortgage, let on hire or otherwise           vehicle/ property;
             16.6 The Customer will not allow any animals                part with or attempt to part with the personal             (c) for any loss or damage to personal belongings:
             to be carried in the Vehicle, excluding registered          possession of or otherwise deal with the Vehicle.               Britz recommend the Customer does not leave
             guide dogs.                                                                                                                 valuables in the vehicle and that they take out

THR3502 Britz NZ Rental Agreement Updates 2011-2012-v2.indd 3                                                                                                                                17/11/11 2:50 PM
                  personal travel insurance;                             25) Procedures in case of accident                                  information and attending Court to give
             (d) If the Customer is deemed by local authorities to       If the Customer is involved in a motor vehicle                      evidence.
                 have been careless, negligent or wilful in failing      accident whilst on hire, the following procedures           Important Note: Under no circumstances
                 to abide by the local road rules, resulting in          should be followed:                                         should the Customer attempt to start or drive a
                 damage to the hired Vehicle or Third Party vehicle/     (a) At the Accident Scene the Customer must:                vehicle that has been involved in an accident,
                 property;                                                    1. Obtain the names and addresses of Third             damaged by rollover, water submersion or any other
             (e) the cost to retrieve or recover a Vehicle which                  Parties and any Witnesses.                         means without permission from Britz. If the vehicle
                  has become bogged, submerged, caught,                       2. Report the accident to police, regardless           is un-driveable after an accident and the Customer
                  trapped, stuck or restricted in anyway and/or has               of estimated damage costs.                         would like to have a replacement Vehicle, which
                  been abandoned;                                             3. Not accept blame or insist the other party          will be subject to time, distance and availability,
             (f) the cost to replace keys which have become                       is at fault.                                       the Customer must make his/her own way (at the
                  lost, stolen, or retrieval of keys which have been          4. If possible, photograph damage to all               Customer’s expense) to the nearest Britz branch.
                  locked in the Vehicle;                                          vehicle(s) and registration number(s).             Should the Customer require a change over Vehicle,
             (g) for all costs relating to overhead or underbody              5. Phone the nearest Britz Branch with the             a new Vehicle Security Deposit is required and this
                  damage to the Vehicle however caused except                     accident’s details within 24 hours.                amount is determined by the Liability Reduction
                  where Liability Reduction Option 2 is taken (does                                                                  Option.
                                                                         (b) At the Branch
                  not cover single Vehicle rollover);                                                                                26) Release and indemnity of Britz
                                                                              1. The Customer must produce their
             (h) for damage caused to the Vehicle because total                                                                      26.1 The Customer releases Britz, its employees and
                                                                                  Driver’s Licence and hand over the police
                  load (kg) has exceeded recommended load as                                                                         agents, from any liability to the Customer (regardless
                                                                                  report (if applicable) and any supporting
                  stated in vehicle manual;                                                                                          of who is at fault), for any loss or damage incurred
             (i) drivers not identified on the rental agreement                                                                      by the Customer by reason of rental, possession or
                                                                              2. The Customer is required to pay the Liability
                  and/or drivers that have a licence that has been                                                                   use of the Vehicle.
                                                                                  (if applicable) and any other amount due by
                  cancelled or suspended and/or drivers who
                  have a licence that is classified as a learners or
                                                                                  them in respect of any damage arising from         26.2 The Customer hereby indemnifies and shall
                                                                                  an accident, loss or damage. This amount is        keep indemnified Britz, its employees and agents,
                  probationary licence; and
                                                                                  payable at the time of reporting ‘the event’       against any claims, demands and expenses (including
             (j) any damage caused to the Vehicle due to the use                  and not at completion of the Rental Period.        legal costs) incurred or sustained by them or any
                  of snow chains; and                                                                                                of them by reason of the Customers use and/or
                                                                              3. The Customer will pay Britz the daily rental
             (k) for any cost associated with the incorrect use                   rate for the period the vehicle is off fleet for   possession of the Vehicle.
                  of fuel (fuel being diesel or petrol), this includes            accident repairs.                                  26.3 Any indemnity required of the Customer shall
                  Bio-Diesel which should not be used, or water or                                                                   not operate to indemnify Britz in respect of any
                                                                              4. The Britz Customer Service Representative
                  other contamination of fuel.                                                                                       negligent act by Britz.
                                                                                  will ensure the Motor Vehicle Accident Report
             24) Vehicle Security Deposit                                         is completed clearly and accurately signed         27) Freedom Camping
             24.1 On pick-up of the Vehicle, the Customer                         by the Customer.                                   and Toll and Traffic Offences
             agrees to pay a Vehicle Security Deposit. The               (c) Exchange Vehicle                                        27.1 The Customer is liable for an offence
             Customer authorises Britz to deduct from the                     1. The availability of an Exchange Vehicle             committed during the Rental Period involving the use
             Vehicle Security Deposit any amounts due by                          is not guaranteed; provision is subject to         of the Vehicle where the offence was:
             them to Britz arising out of the Agreement. The                      availability, Customer location, accident          (a) a speeding offence, an offence in respect of
             Vehicle Security Deposit amount is determined by                     liability and remaining hire duration.                 failure to comply with the directions given by
             the Liability Reduction Option selected. Only the                    Additional charges may be incurred                     a traffic signal, or a toll offence where such
             customer’s credit card is suitable for the purpose of                (see below).                                           offences were detected by approved vehicle
             supplying a Vehicle Security Deposit.                            2. If an Exchange Vehicle is required as a result          surveillance equipment;
             24.2 If the Customer does not take Liability                         of an accident, the Customer is responsible        (b) an offence for parking in any portion of a road
             Reduction Options, the Vehicle Security Deposit                      for making their own way to the nearest Britz          in breach of any bylaw of a road controlling
             is NZ$7,500 for Campervans and NZ$1,800 for                          branch or pick-up location at their own cost.          authority or Part 6 of the Land Transport (Road
             Rental Cars payable by the Customer’s credit card                3. Britz may offer the Customer the option                 User) Rule 2004; or
             only. The amount will be debited (Campervans                         of paying an “Exchange Vehicle                     (c) an offence under section 20(1) of the Freedom
             only) to the Customer’s account immediately.                         Relocation Fee” to send a driver to                    Camping Act 2001 involving the use of the
             Where the rented Vehicle is a Rental Car the                         deliver the exchange Vehicle to the                    vehicle.
             amount is taken as an imprint to the Customers’                      Customer’s location.
             credit card.                                                                                                            27.2 The Customer agrees to pay any infringement
                                                                              4. The Customer will pay for any costs relating        fee and costs that may become payable because
             24.3 If Liability Reduction Option 1 has been                        to delivery of a change over Vehicle as a          of an infringement notice served on Britz for any of
             taken the Vehicle Security Deposit is NZ$2,500                       result of any single Vehicle accident. This        the offences set out in clause 27.1(a)-(c), including
             for Campervans payable by the Customer’s credit                      charge applies irrespective of any Liability       an administration fee of up to NZ$60 for associated
             card only. The amount will be debited to the                         Reduction taken.                                   administration costs. This administration fee will be
             Customer’s account immediately.                                  5. A new Vehicle Security Deposit will be              applicable per offence.
             24.4 If Liability Reduction Option 2 has been taken,                 required for the exchange Vehicle.
             the Vehicle Security Deposit is NZ$220, payable by the
                                                                                                                                     27.3 Subject to Britz’ complying with clause 27.4
                                                                         (d) Time Frame for Settlement of Customer                   and 27.5, the Customer authorises Britz to debit the
             Customer’s credit card. An imprint of the Customers              Liability Claims                                       Customer’s credit card for any infringement fees and
             credit card will be taken for the required Vehicle               1. Britz shall use best endeavours to ensure           costs, including any administration fee under clause
             Security Deposit amount.                                             that any money due back to the client is           27.2.
             24.5 The Vehicle Security Deposit is fully refundable                forwarded as quickly as possible, however
             provided the Vehicle is returned on time, to the
                                                                                                                                     27.4 If Britz receives:
                                                                                  Third Party claims can take months or even         (a) an infringement notice, Britz will send the
             correct location, undamaged, in a clean condition                    years to resolve. Britz cannot force the               Customer a copy of the infringement notice
             and with full fuel tanks (fuel being petrol, diesel and              destiny of these claims, and the customer              and this agreement, together with a notification
             LPG gas).                                                            acknowledges that handling of these claims             that if Britz receives a reminder notice in respect
             24.6 Britz reserves the right to retain a NZ$220                     is up to Britz’s Insurer and the Third Party,          of the infringement notice, Britz will debit the
             soiling fee if the Vehicle is not returned in a clean                whether they be insured or not.                        Customer’s credit card for the amount of the
             condition and (when the vehicle is a 4WD) free of                2. Britz agrees to refund any Vehicle Security             infringement fee (plus an administration fee
             mud. This includes smoking related cleaning, as                      Deposit refunds applicable within 60 days              of up to NZ$60);
             smoking is not permitted in the vehicle. The toilet                  of receiving final resolution and payment          (b) a reminder notice only, Britz will send the
             and wastewater tank (if applicable) must be emptied                  relating to Third Party claims.                        Customer a copy of the reminder notice and this
             prior to the return of the Vehicle, or an additional             3. For information regarding outstanding claims            agreement, together with a notification that Britz
             NZ$125 soiling fee will be retained.                                 or Vehicle Security Deposit refunds please             will debit the Customer’s credit card
             24.7 Except where the Customer has purchased                         contact the Claims Department on +64 9 255             for the amount of the infringement fee (plus an
             Pre-purchase Gas Option and/or Pre-purchase Fuel                     0620 during office hours.                              administration fee of up to NZ$60).
             Option, failure to return the vehicle with full petrol,          4. The Customer agrees to provide all                  27.5 All notifications under clause 27.4 will be sent
             diesel and/or LPG tanks will result in refill charges.               reasonable assistance to Britz in handling         to the address provided by the Customer within
                                                                                  any claim including providing all relevant         5 working days of receipt of the infringement or

THR3502 Britz NZ Rental Agreement Updates 2011-2012-v2.indd 4                                                                                                                             17/11/11 2:50 PM
                 reminder notice (whichever is applicable).                    associated administration costs;                        35) Cancellations
                 27.6 The Customer has the right to:                       (b) the Customer will not dispute his/ her liability        If a bookings travel dates are amended within
                 (a) challenge, complain about, query or object to the         to Britz for any amount properly due under this         the cancellation fee period to be outside of the
                     alleged offence to which the infringement notice          Agreement and the Customer shall indemnify and          cancellation fee period and is subsequently cancelled,
                     or reminder notice relates, to the issuing                keep indemnified Britz against any loss incurred        the cancellation fee for the original booking will apply.
                     enforcement authority.                                    (including legal costs) by reason of notifying the      Cancellation fees apply only to campervan hires, do
                 (b) seek a court hearing within 56 days from the date         Customer’s credit card issuer of such dispute;          not apply to car hire, and are as follows:
                     of issue of the infringement notice or 28 days from   (c) in the event that Britz elect to accept payment of      • If cancelled up to 22 days prior to pick up: No Fee
                     the date of issue of the reminder notice.                 the Vehicle Security Deposit by holding a signed        • If cancelled from 21 to 7 days prior to pick up: 20%
                                                                               and authorised open credit card voucher which is           of Gross Rental
                 28) Rental charges                                            returned to the Customer at the completion of the       • If cancelled 6 to 1 days prior to pick up: 50% of
                 Total charges as set out in the Rental Agreement              Rental Period, the Customer agrees that Britz is           Gross Rental
                 are not final. The Customer will pay any shortfall in         entitled to recover payment from the Customer’s         • If cancelled on day of pick up or No Show: 100% of
                 charges to Britz and the Customer will receive                credit card issuer pursuant to paragraph (a) in            Gross Rental
                 a refund for any overcharges made by Britz. Wherever          respect of any amounts due which were not
                 possible, any amendment to charges will be notified                                                                   • If Vehicle is returned early for any reason
                                                                               known at the time of return of the voucher; and
                 to the customer at conclusion of rental, and the                                                                         whatsoever: No refund available.
                                                                           (d) Britz may process credit card charges pertaining        The above cancellation schedule is not applicable to
                 Customer agrees to payment of any such charges                to the rental after the hire period
                 at that time.                                                                                                         hires with a collection date between 1 September
                                                                           31.4 The Customer acknowledges that all                     2011 and 31 October 2011, refer below for the
                 29) Road User Charge Recovery Fee (RUCRF)                 transactions under this Agreement are conducted             cancellation fees applicable during this time.
                 A Road User Charge Recovery fee will be                   in New Zealand dollars. Due to exchange rate                If a bookings travel dates are amended within
                 calculated and collected on return of a campervan         fluctuations and bank fees there could be some              the cancellation fee period to be outside of the
                 hire based on the kilometres travelled during             variance between the amount initially debited               cancellation fee period and is subsequently cancelled,
                 the hire and the actual vehicle category. The             against the Customer’s credit card and the amount           the cancellation fee for the original booking will apply.
                 costs can be obtained from the Customer Service           refunded. Britz accept no liability for any such
                                                                           variation.                                                  • If cancelled between 149 and 91 days prior to
                 Representative upon vehicle collection and/or are
                                                                           32) Personal and company cheques                                 pick up: 50% of Gross rental
                 available online. Britz reserves the right to amend
                 the Road User Charge Recovery Fee in response to          Personal and Company cheques will not be                    • If cancelled 90 days prior to pick up: 100% of
                 changes in Government Road User Charges. This             accepted as payment for rentals at the time of pick              Gross rental
                 fee was formally known as a Diesel Tax Recovery           up. These must be received by Britz 14 days prior           • Late vehicle collection or early return during the
                 fee (DTR).                                                to commencement of rental. Personal or Company                   hire: No Refund available
                                                                           cheques are not acceptable as the Vehicle Security          Cancellations for Ferry Crossings
                 30) Payment of charges -                                  Deposit.
                 joint and several liability                                                                                           Bookings made for ferry crossings during 1 September
                                                                           33) Conditional upon payment                                and 31 October will require final customer names
                 All charges and expenses payable by the Customer                                                                      90 days before travel or the space will be cancelled.
                 under this Agreement are due on demand by Britz           The Customer agrees that provision of any rental
                                                                                                                                       Bookings made for travel during 1 September and 31
                 including any collection costs and reasonable legal       Vehicle is conditional upon Britz being paid by
                                                                                                                                       October that are cancelled or reduced in value within
                 fees incurred by Britz. When the Customer comprises       the Travel Agent. Britz reserves the right to collect
                                                                                                                                       28 days of travel will have a 70% cancellation penalty
                 of more than one person, each person is liable jointly    payment from the Customer in the event of a failure
                 and severally for all obligations of the Customer         by the Travel Agent or Travel Wholesaler to pay for
                 pursuant to this Agreement.                               the rental.                                                 36) Proper Law
                                                                                                                                       This Agreement is governed by the laws New Zealand.
                 31) Credit card payment                                   34) Terminating the agreement
                 31.1 If a credit card is presented as payment, the        and repossessing the vehicle                                37) Customer warranties
                 credit card holder will be jointly and severally liable   34.1 The Customer acknowledges that Britz may               The Customer warrants that all information supplied
                 as a Customer.                                            refuse any rental, terminate this Agreement and/            by them to Britz in connection with this Agreement
                                                                           or repossess the Vehicle (and for that purpose enter        is true.
                 31.2 The following credit cards will be accepted:
                 Visa, MasterCard, and American Express. A non-            upon any premises and remove the Vehicle) at any            38) Entire agreement
                 refundable 2% administration fee will apply to all        time, without notification to the Customer, and
                                                                                                                                       This Agreement constitutes the entire agreement of
                 Visa and MasterCard transactions. A non-refundable        that the Customer will pay the reasonable costs of
                                                                                                                                       the parties and there are no other oral undertakings,
                 4.5% administration fee will apply to American            repossessing the Vehicle, including towing charges
                                                                                                                                       warranties or agreements between the parties
                 Express cards. Credit card administration fees also       if:
                                                                                                                                       relating to the subject matter of liable as a Customer.
                 apply to debited Vehicle Security Deposits. Only the      (a) the Customer is in breach of any material term of
                 Customer’s credit card is acceptable to use for the           this Agreement, particularly clauses 16 and 38;
                 purpose of the Vehicle Security Deposit.                  (b) the Customer has obtained the Vehicle through
                 31.3 When payment is made by credit card, the                 fraud or misrepresentation;
                 Customer agrees that:                                     (c) the Vehicle appears to be abandoned;
                 (a) Britz is irrevocably authorised to complete any       (d) the Vehicle is not returned on the agreed return date
                     documentation and to take any other action to             or Britz reasonably believe that the Vehicle will not
                     recover from the Customer’s credit card issuer            be returned on the agreed return date; or
                     all amounts due by the Customer pursuant to           (e) Britz considers, on reasonable grounds, that the
                     this Agreement, including, but not limited to,            safety of the passengers or the condition of the
                     any amounts due in respect of damage to the               Vehicle is endangered.
                     Vehicle or to property of a Third Party and all       34.2 The Customer understands that in the event of
                     other additional charges as they are incurred         such termination or repossession, the Customer has
THR3502 NZ

                     including all freedom camping, parking and            no right to a refund of any part of the rental charges
                     traffic infringement penalties, road toll fines and   or the Vehicle Security Deposit.

             Branch Locations:
             • Auckland 36 Richard Pearse Drive, Mangere, Auckland

                                                                                                                                                           0800 831 900
             • Christchurch 530-544 Memorial Ave, Christchurch
             • Queenstown Queenstown Airport Terminal, Queenstown
             • Wellington C/- Top Ten Holiday Park, 95 Hutt Park Road, Lower Hutt

  THR3502 Britz NZ Rental Agreement Updates 2011-2012-v2.indd 1                                                                                                                             17/11/11 2:50 PM

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