Renter Terms and Conditions

Your Drive Limited

Last updated 12 October 2017

  1. Introduction and application

    1. Your Drive Limited (Yourdrive, we, us or our) provides an online Vehicle rental website service that facilitates the rental of a Vehicle by its Owner to Yourdrive and from Yourdrive to a Renter, and related services (Yourdrive Service).
    2. These terms and conditions (Terms) set out the terms and conditions that apply to the registration and rental of a Registered Vehicle from an Owner to Yourdrive in accordance with a Booking and set out our, and your, rights and obligations.
    3. Our Terms of Use set out the terms and conditions that apply to any use of yourdrive.co.nz and the Yourdrive Service. Our Terms of Use forms part of these Terms.
    4. We may change these Terms at any time and we will provide you with notice of the change by updating these Terms on yourdrive.co.nz and/or sending you an email.
  2. Definitions and interpretation

    1. In these Terms, unless the context indicates otherwise:
      • Additional Driver means a additional Register User that has been nominated by the Renter and approved by Yourdrive to drive the Booked Vehicle during the Rental Period.
      • Additional Fee means the fee charged by us for an additional service, insurance excess or infringement fee, as set out in Schedule 1;
      • Booked Vehicle means a Registered Vehicle that has been Booked;
      • Booking means a booking for a Rental where a Booking Request has been passed on by us to the Owner, accepted by the Owner and then confirmed by us following payment to us of the applicable Rental Price for the Rental Period by the Renter (and Booked has a corresponding meaning);
      • Booking Request means a request made through the Yourdrive Service for the rental of a Registered Vehicle by a Renter for a specified period;
      • Business Day means any day excluding Saturdays, Sundays and national statutory public holidays in New Zealand;
      • Cancellation Fee means the fee charged by us for a Booking that is cancelled, as set out in Schedule 1;
      • CoF means a certificate of fitness issued in accordance with the Land Transport Rule: Vehicle Standards Compliance 2002 (Rule 35001/1) or any law, regulation or rule replacing that Rule;
      • Damage means damage to a Registered Vehicle (such as broken parts, dents and stains) that occurs during a Rental including the theft of, or of part of, the Registered Vehicle but does not include fair wear and tear or mechanical failures that occur other than due to the negligence of, or abuse by, a Renter (and Damaged has a corresponding meaning);
      • Drop-off Location means, in respect of any Booking, the location agreed between the Renter and the Owner at which the Renter will return the relevant Registered Vehicle to the Owner at the end of the Rental Period;
      • Feedback means feedback provided by a Registered User about his or her dealings with another Registered User, and/or about a Registered Vehicle, in relation to a Booking;
      • Fees means Additional Fees, Yourdrive Rental Fees and Cancellation Fees;
      • GST means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing from time to time, including any tax levied in substitution for that tax;
      • Incident means an adverse event involving a Registered Vehicle during a Rental, including an event causing Damage to the Registered Vehicle, theft of (or of any part of) the Registered Vehicle, an accident involving the Registered Vehicle or any event causing the Registered Vehicle to no longer being in a condition appropriate to the level required for the issue of the Registered Vehicle's CoF;
      • Land Transport Act means the Land Transport Act 1998;
      • Owner means a Registered User who has a Registered Vehicle listed as available for rent on his or her Profile;
      • Pick-up Location means, in respect of any Booking, the location agreed between the Renter and the Owner at which the Owner will make the relevant Registered Vehicle available to the Renter at the commencement of the Rental Period;
      • Profile means a Registered User's profile on yourdrive.co.nz showing information about the Registered User and any Registered Vehicles of that Registered User, as provided by the Registered User or through Feedback;
      • Registered User means a person who has registered for and been accepted as a registered user of the Yourdrive Service in accordance with clause 4;
      • Registered Vehicle means a vehicle that has been registered in accordance with clause 18 and includes tyres, tools, accessories and other equipment, documents or additional items (such as roof racks) related to that vehicle;
      • Rental means the rental of a Registered Vehicle from an Owner to Yourdrive and, simultaneously, from Yourdrive to a Renter in accordance with these Terms;
      • Rental Price means the price paid or payable (as the context requires) by a Renter for a Rental;
      • Rental Period means, in respect of any Rental, the period of that Rental as set out in the relevant Booking;
      • Renter means a Registered User that has a Booking for a Registered Vehicle;
      • User Content means any content uploaded to yourdrive.co.nz by a Registered User; and
      • you means any individual who accesses or uses yourdrive.co.nz and, where an individual accesses on behalf of an organisation, that organisation (and your and yourself have corresponding meanings).
      • Yourdrive Rental Fee means the fee charged by us to a Renter for a Booking, as set out in a Booking confirmation;
    2. Interpretation: In these Terms, unless the context indicates otherwise:
      1. Defined Expressions: expressions defined in the main body of these Terms have the defined meaning throughout these Terms;
      2. Headings: clause and other headings are for ease of reference only and will not affect the interpretation of these Terms;
      3. Parties: references to any party include that party's successors and permitted assigns;
      4. Persons: references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
      5. Plural and Singular: references to the singular include the plural and vice versa;
      6. Clauses/Schedules: references to clauses and schedules are to clauses in, and the schedules to, these Terms. Each such schedule forms part of these Terms;
      7. Statutory Provisions: references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by-law, regulation, order, statutory instrument, determination or subordinate legislation made under it;
      8. Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;
      9. Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words "without limitation";
      10. Monetary Amounts: all monetary amounts are stated inclusive of GST and in New Zealand currency, and all amounts payable by a party under these Terms are to be paid in that currency. GST is payable at the same time and in the same manner as is any other amount payable under these Terms, where that amount is subject to GST under the Goods and Services Tax Act 1985;
      11. Documents: references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
      12. Notices: references to one party notifying another, or agreeing or objecting to any matter means such party notifying, agreeing or objecting in writing.
  3. Consumer Guarantees Act

    1. Subject to clause 3.2, nothing in these Terms is intended to limit or replace any rights you may have under the Consumer Guarantees Act 1993 (CGA).
    2. If you are, or are holding yourself out as, using the Yourdrive Service or yourdrive.co.nz for the purposes of a business in terms of section 43(2) of the CGA, you agree that the provisions of the CGA will not apply.
  4. Indemnity

    1. You agree to indemnify us and our related or associated companies, relevant suppliers, licensors and agents (each an Indemnified Party) in respect of any loss, damage, cost or expense (including legal costs on a solicitor and own client basis) suffered or incurred as a result of any:
      1. failure by you to comply with, or breach by you of, these Terms;
      2. breach by you of any warranty given in these Terms;
      3. of your negligent acts or omissions; or
      4. claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party's use of any material provided by you in connection with your use of the Yourdrive Service infringes that third party's intellectual property rights.
    2. This clause is intended to be for the benefit of, and enforceable by, each Indemnified Party for the purposes of the Contracts (Privity) Act 1982.
  5. Dispute Resolution

    1. Either you or we may, at any time while there is a genuine dispute relating in any way to these Terms (Dispute), give written notice (Dispute Notice) to the other party specifying the subject matter of the Dispute and requiring that you and we meet within 10 Business Days after delivery of the Dispute Notice, to attempt to resolve the Dispute (Dispute Resolution Meeting).
    2. If:
      1. you or we fail to resolve the Dispute at the Dispute Resolution Meeting; or
      2. either you or we fail or refuse to attend the Dispute Resolution Meeting within the 10 Business Day period referred to in clause 5.1, or at an alternative time and venue agreed in writing between you and us,

      you and we will immediately be deemed to have submitted the Dispute to mediation by a single mediator chosen by Yourdrive (Mediation).
    3. In the event of any submission to Mediation:
      1. the mediator will not be acting as an expert or as an arbitrator;
      2. the mediator will determine the procedure and timetable for the Mediation; and
      3. you and we will share equally the cost of the Mediation unless agreed otherwise by you and us.
    4. Neither you or we may issue any legal proceedings (other than for urgent interlocutory relief) relating to any Dispute, unless you or we (as the case may be) has first taken all reasonable steps to comply with clauses 5.1 and 5.3.
  6. Limitation and Exclusion of Liability

    Subject to clause 3 of these Terms, to the fullest extent permitted by law:

    1. we will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to, or use of, the Yourdrive Service, yourdrive.co.nz or the content on or accessed through it;
    2. we have no liability to you under or in connection with these Terms (whether in contract, tort or otherwise);
    3. all warranties, representations and guarantees, (whether express or implied, by statute or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights) are excluded.
  7. General

    1. These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms and the use of yourdrive.co.nz and the Yourdrive Service.
    2. You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. We may assign or otherwise transfer any of our rights or obligations under these Terms to any other person without your consent.
    3. Subject to clause 1, no amendment to these Terms will be effective unless it is in writing and signed by each party.
    4. These Terms record the entire understanding and agreement between us relating to the matters dealt with in these Terms.
    5. If any provision of this agreement is, or becomes, invalid or unenforceable, that provision will be deemed deleted from this agreement. The invalidity or unenforceability of that provision will not affect the other provisions of this agreement, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
  8. Registering as a Renter

    1. If you wish to use yourdrive.co.nz to rent a vehicle for your own use, you must be a Registered User and you must upgrade your Profile to renter verified status. To upgrade to renter verified status you must provide us with full details or a colour copy of your driver licence or driving permit to hello@yourdrive.co.nz;
    2. You can only rent a Registered Vehicle that is intended to be driven by only you and approved Additional Drivers for the period that you rent the Registered Vehicle and for which you and any Additional Drivers are licensed to drive. If you wish to rent a Registered Vehicle that requires a New Zealand driver licence other than a Class 1 licence, you must update your Profile information to reflect your licence Classes.
    3. If, any time after becoming a Registered User, your driver licence expires, is suspended or is revoked you must notify us immediately, cancel any current Bookings, and not make any further Booking Requests.
  9. Booking Procedure

    The following procedure will apply in relation to the creation of a Booking:

    1. You may make a Booking Request via yourdrive.co.nz specifying the Registered Vehicle you wish to rent and the Rental Period for which you require the Registered Vehicle.
    2. We will send your Booking Request to the Owner, and the Owner may, at the Owner's sole discretion, choose to accept or decline the Booking Request. If we confirm that the Booking Request has been accepted by the Owner, you agree to pay the Rental Price to us. If you fail to pay the Rental Price within 24 hours the Registered Vehicle will no longer be available under the Booking Request.
    3. You agree that you are bound to complete the resulting Rental from an accepted Booking Request, provided that:
      1. you can withdraw the Booking Request at any time before we have confirmed that the Booking Request has been accepted; and
      2. you can cancel a Booking in accordance with clause 10.

      A Booking Request will become a Booking once it has been confirmed by us and you have paid us the Rental Price.
  10. Cancellation of a booking

    1. Without limiting clause 10.4, you may cancel a Booking via yourdrive.co.nz at any time up to 24 hours before the commencement of the Rental Period, in which case you will receive a refund of the Rental Price less the applicable Cancellation Fee.
    2. Subject to clause 10.4, you may not cancel a Booking within 24 hours of the commencement of the Rental Period. If you:
      1. fail to collect the Booked Vehicle at the Pick-up Location within 10 minutes of the start of a Rental Period; or
      2. the Owner determines (acting reasonably) that you are unfit to drive at the commencement of the Booking Period, including due to intoxication,

      you will be deemed to have cancelled the Booking and clause 10.3 will apply.
    3. If you cancel a Booking within 24 hours of the commencement of the Rental Period, or are deemed to have cancelled a Booking under clause 10.2, you will not receive a refund of any part of the Rental Price. We may terminate your Registered User account if you repeatedly cancel Bookings.
    4. You may cancel a Booking without the need to pay a Cancellation Fee if you meet the Owner at the Pick-up Location at the commencement of a Rental Period and the Booked Vehicle is, in your opinion (acting reasonably) materially different from the description of the Booked Vehicle on yourdrive.co.nz.
    5. Where you cancel the Booking in accordance with clause 10.4, you will not need to pay a Cancellation Fee and you will receive a refund of the Rental Price if:
      1. you notify us immediately of the cancellation and inform us of the reason you cancelled the Booking; and
      2. upon reasonable enquiry, we verify that the reason you cancelled the Booking was reasonable in the circumstances.
    6. We may cancel a Booking at any time if the Owner cancels his or her Booking with us in which case we will refund you the Rental Price.
  11. Rental

    1. For each Booking where you are the Renter, you agree:
      1. to rent the Booked Vehicle from Yourdrive for the Rental Period in the Booking;
      2. agree that the Owner of the Booked Vehicle will act as Yourdrive's agent in handing over and receiving the return of the Booked Vehicle from you.
    2. A Rental cannot be extended or altered by agreement between the Owner and the Renter. You agree that you will not retain the Booked Vehicle beyond the Rental Period. A new Booking can be made that commences at the same time that the existing Rental Period ends, but because a Booking cannot be made retrospectively, the new Booking must be made before the end of existing Rental Period.
    3. You acknowledge that the agreement between Yourdrive and you in respect of a Booking terminates at the end of the Rental Period and therefore your rights under these Terms do not apply beyond the end of the Rental Period.
  12. Pricing and Payment

    1. You must pay the Rental Price by credit card on yourdrive.co.nz as part of the Booking Request process before a Booking will be made. The Rental Price is inclusive of GST.
    2. You agree to pay any Additional Fees or other costs incurred in connection with the Rental. We will invoice you for any Additional Fees or other costs and you must pay us by credit card on yourdrive.co.nz with five Business Days of receiving the invoice. If you fail to make payment within the five Business Day period, you authorise us to debit your credit card for the amount of the Additional Fee(s). The Additional Fees are inclusive of GST.
  13. Vehicle Handover Procedure

    The following procedure will apply in relation to the handover of a Booked Vehicle that you are Renting:

    1. You must meet the Owner at the Pick-up Location at the commencement of the applicable Rental Period and present your driver licence which must be valid and current for the duration of the Rental Period and a copy of the Booking to the Owner.
    2. You must, prior to accepting the Booked Vehicle from the Owner, photograph the Booked Vehicle noting any areas of pre-existing Damage.
    3. It is your responsibility to take necessary steps to record evidence of pre-existing Damage to the Booked Vehicle to prove the condition of the Booked Vehicle at the commencement of the applicable Rental Period.
  14. Vehicle Return

    At the end of each Rental Period for a Booked Vehicle that you are Renting:

    1. You must return the Booked Vehicle at the end of the Rental Period to the Drop-off Location.
    2. You will incur an Additional Fee if the Booked Vehicle is returned late. There is no reduction of the Rental Price if a Booked Vehicle is returned early.
    3. If:
      1. you do not return the Booked Vehicle with a full tank of fuel;
      2. the Booked Vehicle is not in a clean and tidy state; and/or
      3. there is evidence that the Booked Vehicle has been smoked in during the Rental Period,

      you will be invoiced the applicable Additional Fee.
    4. You must, on return of the Booked Vehicle to the Owner, photograph the Booked Vehicle clearly documenting the condition of the vehicle.
    5. It is your responsibility to ensure that you take necessary steps to record evidence to prove the condition of the Booked Vehicle at the conclusion of the applicable Rental Period. This is required to contest any Damage Claim in accordance with clause 19.3.
  15. Your Obligations

    1. In respect of a Rental, you must:
      1. ensure that all reasonable care is taken in using the Booked Vehicle including securely locking the Booked Vehicle when not in use;
      2. maintaining the recommended levels of water or coolant in the radiator and battery and tyre pressures of the Booked Vehicle;
      3. if a warning light is activated on the Booked Vehicle, stop driving the Booked Vehicle and contact us as soon as practicable;
      4. ensure that you and all passengers comply with all applicable laws, including laws related to child restraints;
      5. notify us of any Damage to the Booked Vehicle immediately upon becoming aware of the Damage;
      6. if the Booked Vehicle is stolen, notify us and the Police as soon as possible after discovering that theft;
      7. ensure that a copy of these Terms and the Booking confirmation is kept in the Booked Vehicle throughout the Rental Period and you must produce these Terms and the Booking confirmation without delay for inspection on demand by an enforcement officer; and
      8. pay for any fuel used by the Booked Vehicle during the Rental Period and return the Registered Vehicle with a full tank of fuel.
    2. In respect of a Rental, you must not:
      1. smoke or permit any person to smoke in the Booked Vehicle;
      2. carry or permit any animals in the Booked Vehicle;
      3. carry any dangerous or hazardous material in the Booked Vehicle;
      4. misuse the Booked Vehicle
      5. use the Booked Vehicle for any illegal purpose or drive the vehicle off-road, including on any beach;
      6. allow anyone other than you or an approved Additional Driver to drive the Booked Vehicle;
      7. use or allow the vehicle to be used for the transport of passengers for hire or reward unless the Booked Vehicle is hired with the knowledge of us for use in a passenger service licensed under Part 4A of the Land Transport Act;
      8. sublet or hire the Booked Vehicle to any other person;
      9. allow the Booked Vehicle to be operated outside your authority;
      10. operate the Booked Vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act;
      11. operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;
      12. operate the vehicle or allow it to be operated in breach of the Land Transport Act, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;
      13. operate the Booked Vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the Booked Vehicle;
      14. drive or allow the Booked Vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle.
  16. Roadside Assistance

    1. If roadside assistance is specified as being available in a Booking confirmation, roadside assistance will be available from VTNZ by calling 0800 882 432. Roadside assistance is not available unless it is specified as being available in a Booking.
    2. Roadside assistance, if available, will cover the following:
      1. battery jumpstart;
      2. "locked in key" recovery or spare key delivery;
      3. fitting the spare wheel;
      4. emergency fuel delivery (excludes cost of fuel);
      5. minor emergency repairs;
      6. towing to the nearest repairer;
      7. technical advice over the phone;
      8. location/map assistance if you are lost;
      9. urgent message relay, to connect you to family members in the event of a breakdown or accident; and
      10. accident assistance, being organising vehicle towing (excludes tow cost), notifying emergency services, and providing advice.
      11. Contact Yourdrive hello@yourdrive.co.nz with detail of the incident.
  17. Accidents and Damage

    1. If the Booked Vehicle is Damaged during the Rental Period, you must report the Damage to us as soon as possible and in any case within 24 hours of becoming aware of the Damage.
    2. Without limiting clause 17.1, if the Booked Vehicle is involved in an accident during the Rental Period, you must:
      1. make the car secure and inform the police immediately;
      2. record the car licence number of any other vehicles involved and the name and address of any other drivers involved;
      3. record the name and address of any witnesses;
      4. not make any admission of liability;
      5. contact us immediately to inform us of the nature of the accident and extent of any Damage.
    3. You must not arrange or carry out any repair work to the Booked Vehicle.
  18. Your Liability

    In respect of a Rental, you will be liable for:

    1. any loss of, or Damage to, the Booked Vehicle;
    2. any consequential damage, loss or costs incurred by us, including salvage costs and any damages we must pay to the Owner;
    3. any loss of, or Damage to, property of any third party.
  19. Damage Claims

    1. If a Damage Claim is received in respect of your Booking we may:
      1. accept the Damage Claim, in which case clause 19.4 will apply; or
      2. consider the Damage Claim is valid, in which case clause 19.2 will apply.
    2. If we consider a Damage Claim is valid in accordance with clause 19.1(b), we will notify you of the Damage Claim and you must, within two Business Days:
      1. accept the Damage Claim, in which case clause 19.4 will apply; or
      2. reject the Damage Claim, in which case clause 19.3 will apply.
    3. If you reject the Damage Claim in accordance with clause 19.2(b), we will investigate the Damage Claim and the Damage to the Booked Vehicle and endeavour to notify you with a further five Business Days whether we accept or reject the Damage Claim. You agree to provide us with reasonable assistance in investigating the Damage Claim. If:
      1. we accept the Damage Claim, clause 19.4 will apply; or
      2. we reject the Damage Claim we reserve the right to re-open a Damage Claim if it is subsequently found that the Damage Claim was valid. By rejecting a Damage Claim we will not be deemed to have waived any right of recovery against you.
    4. If a Damage Claim is accepted under clauses 19.1(a), 19.2(a) or 19.3(a) then you will be liable for our costs to repair the Damage or pay the market value of the Booked Vehicle if it is a "write-off" and payment of the applicable Additional Fee. Unless you have elected to use your own insurance in accordance with clause 21.1 and we have approved such insurance, if our costs to repair the Damage or pay the market value of the Booked Vehicle exceeds your applicable Insurance Excess then, subject to clause 21, your liability will be limited to your applicable Insurance Excess.
  20. Infringment Fee Claims

    1. You will be liable for all infringement fees if:
      1. the infringement fee arises:
        1. for parking in any portion of a road in breach of any by-law of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004; or
        2. for an offence detected by approved vehicle surveillance equipment that is:
          1. a speeding offence;
          2. an offence in respect of failure to comply with the directions given by a traffic signal; or
          3. a toll offence; and
      2. the offence to which the infringement fee relates was committed during the Rental Period.
    2. If we accept an Infringement Fee Claim received in respect of your Booking you will be liable for the infringement fee and the applicable Additional Fee. We:
      1. will notify you of the infringement fee and applicable Additional Fee;
      2. undertake to send you a copy of the infringement notice and a copy of the reminder notice as soon as is practicable by email; and
      3. will invoice you for the amount of the infringement fee and applicable Additional Fee and we will debit your credit card for the amount of the infringement fee plus the Additional Fee.
    3. You:
      1. have the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority; and
      2. have the right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
    4. Your acceptance of a Booking constitutes your confirmation that you have been notified of the information in this clause.
  21. Insurance

    1. Each Rental includes our insurance in accordance with this clause 21, unless you may make your own insurance arrangements provided that insurance arrangements are approved by us at least 48 hours prior to the commencement of the Rental Period. If we are not satisfied that your insurance is comparable with our insurance cover, we may decline to rent the Booked Vehicle to you and cancel the Booking.
    2. Our insurance covers your liability to a maximum of $1,000,000. Insurance excess of $2,000 is payable in respect of each Incident
    3. Excess reduction can be purchased before the commencement of the Booking Period. Excess reduction is payable in respect to each booking as follows:
      Excess reduction option Price per day or part thereof Excess payable in respect of each Incident
      Play It Safe $15 $250
      Chance It $8 $1,000
      Risk Taker included $2,000
    4. Our insurance will not cover your liability in the following circumstances:
      1. You are in breach of these Terms.
      2. The Booked Vehicle being driven other than for private, social or domestic purposes, including being drive on a race track, or for pace making, reliability trials, hill climbs or speed tests or being driven in preparation for any one of these activities.
      3. The Booked Vehicle is willfully or recklessly damaged or is lost as the result of the willful or reckless actions of the Renter any invitee of the Renter or passenger in the Vehicle.
      4. The Booked Vehicle being driven in an unsafe condition which contributes to an accident. This includes any condition:
        1. which is contrary to any recommendation by the manufacturer of the Booked Vehicle; or
        2. as a result of which the Booked Vehicle is not fit to deal with any peril likely to be encountered during the course of its operation.

        However, this exclusion only applies if you were aware, or with reasonable diligence ought to have been aware, of the unsafe condition.
      5. The Booked Vehicle is loaded or operated in excess of the manufacturer's recommended specifications, or loaded contrary to the law, or its ancillary plant or machinery being operated contrary to the law. However, this exclusion only applies if you were aware, or with reasonable diligence ought to have been aware, of the unsafe condition.
      6. The Booked Vehicle being driven by any person who is not the holder of a licence for the appropriate class and use applicable to the operation of the Booked Vehicle or its components, or who is breaching any condition of their licence.
      7. The Booked Vehicle being driven by a person who:
        1. is under the influence of any intoxicating substance or drug;
        2. has a proportion of alcohol in the breath or blood which exceeds the legal limit;
        3. fails to supply a blood or breath sample as required by law;
        4. fails to stop, or remain at the scene, following an accident as required by law.
      8. The Booked Vehicle being driven in breach of the law relating to driving hours.
      9. Any loss or liability which is directly or indirectly caused by confiscation, nationalisation or destruction or damage to property by order of government, public or local authority.
      10. Any loss or liability which is directly or indirectly caused by:
        1. nuclear weapons material;
        2. ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel.
      11. Death, injury, illness, loss, damage, liability, cost or expense of any nature directly or indirectly caused by, resulting from, or in connection with, any of the following regardless of any other contributing cause or event:
        1. war, invasion, act of foreign enemies, hostilities or warlike operations (whether war is declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or
        2. an act of terrorism where "terrorism" means an act including the use of threat of force or violence by any person or group(s) whether acting alone or on behalf of or in connection with any organisation(s) or government(s) which from its nature or context is committed for, or in connection with, political, religious, ideological, ethnic or similar purposes or reasons, including the intention to influence any government and/or to put the public or any section of the public in fear.
      12. Any loss or damage of whatsoever kind arising directly or indirectly out of:
        1. the corruption, destruction or alteration of or damage to data, coding program or software;
        2. the unavailability of data or reduction in the functionality, availability or operation of hardware, software and embedded chips; or
        3. any business interruption losses resulting therefrom.

        However, this exclusion shall not apply where such loss or damage occurs as a direct result of physical damage which is otherwise covered by our insurance cover.
  22. Repossession

    1. We are entitled to terminate a Rental and take immediate possession of the Booked Vehicle without notice to you if you breach any provision of these Terms.
    2. You will indemnify us for any costs incurred in connection with the repossession and will be liable for the applicable Additional Fee.
  23. SCHEDULE 1: FEES


    All Fees set out in this schedule are inclusive of GST.

    The Cancellation Fees are as set out in the below table:

    Conduct

    Cancellation Fee

    Cancellation of a Booking by the Renter at any time up to 96 hours before the commencement of the Rental Period 25%
    Cancellation of a Booking by the Renter at any time from 96 hours up to 48 hours before the commencement of the Rental Period 50%
    Cancellation of a Booking by the Renter at any time from 48 hours up to 24 hours before the commencement of the Rental Period 75%
    Cancellation of a Booking within 24 hours of the commencement of the Rental Period 100%

    The Additional Fees are as set out in the below table:

    Fee Type

    Additional Fee

    Cleaning fee $200
    Damage processing fee $50
    Fuel top up The cost of the fuel plus $50
    Infringement Fee Claim The amount of the infringement fee plus $50
    Late return of booked Vehicle $50 plus equivalent rental rate
    Repossession Fee The reasonable costs in carrying out the repossession plus $100