Terms and Conditions

Your Drive Limited

Last updated 1st September 2016

  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) apply to any use of yourdrive.co.nz and the Yourdrive Service (irrespective of whether you have registered as a Registered User) and set out our, and your, rights and obligations. By accessing and browsing yourdrive.co.nz you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, you cannot use yourdrive.co.nz or the Yourdrive Service.
    3. Part A of these Terms sets out the terms and conditions that apply to any use of yourdrive.co.nz and the Yourdrive Service.
    4. Part B of these Terms sets 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.
    5. Part C of these Terms sets out the terms and conditions that apply to the rental of a Registered Vehicle from Yourdrive to a Renter in accordance with a Booking.
    6. 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 (if you are a Registered User) sending you an email. Your use of yourdrive.co.nz after that notice means that you accept the updated terms.
  2. Definitions and interpretation
    1. In these Terms, unless the context indicates otherwise:
      • 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);
      • Damage Claim has the meaning given to that term in clause 25.2;
      • 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;
      • Infringement Fee Claim has the meaning given to that term in clause 26.1;
      • Intellectual Property means trade marks, rights in domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases and lists, rights in inventions, confidential information, know-how and trade secrets, operating manuals, quality manuals and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers and benefits in respect of the same;
      • Land Transport Act means the Land Transport Act 1998;
      • NZTA means the New Zealand Transport Agency and its successors;
      • Owner means a Registered User who has a Registered Vehicle listed as available for rent on his or her Profile;
      • Owner's Fee means, in respect of a Booking, the fee payable by us to the Owner for the rental of the relevant Registered Vehicle calculated at the rate specified by the Owner;
      • 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;
      • Post-Rental Inspection Report means the report that must be completed by the Renter and Owner at the completion of a Rental;
      • Pre-Rental Inspection Report means the report that must be completed by the Renter and Owner prior to the commencement of any 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. PART A: TERMS FOR ALL USERS


    This Part A applies to all users of yourdrive.co.nz (irrespective of whether the user has registered as a Registered User).

  4. Intellectual Property and Use of the Site
    1. All Intellectual Property in yourdrive.co.nz and the Yourdrive Service, except User Content is owned by us, our related or associated companies or our suppliers or licensors. You cannot use any of our Intellectual Property without our written permission.
    2. You warrant that you own, or that you are authorised to use and upload, all relevant Intellectual Property rights in any User Content that you upload to yourdrive.co.nz (Your User Content). You grant us a perpetual licence to use Your User Content to operate yourdrive.co.nz and the Yourdrive Service including in relation to promotion of yourdrive.co.nz and the Yourdrive Service and making Your User Content available for access, viewing and use by other users of yourdrive.co.nz.
    3. You may access, view and use the content on yourdrive.co.nz for the sole purpose of using the Yourdrive Service. To the extent permitted by applicable law, any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of any of the content on yourdrive.co.nz is prohibited, except with our express prior written permission.
  5. Registration and Profile
    1. If you wish for Yourdrive to rent your vehicle to other users, or to rent a vehicle from another user, you must register as a registered user of the Yourdrive Service (Registered User). On your registration as a Registered User, we will create a Profile for you based on the information you submit and, if you link your Facebook account, your Facebook information. In applying to be a Registered User:
      1. you must complete the Privacy Policy at yourdrive.co.nz and, by doing so, you are deemed to have agreed to Parts B and C of these Terms;
      2. you:
        1. must be at least 18 years old;
        2. must hold a valid New Zealand class 1 full driver licence or be eligible to drive in New Zealand as a holder of a valid and current driver licence or driving permit from another country; and
        3. accept that we will use third party sources to run identity verification and driver history checks on you, including the NZTA database and Facebook;
      3. you must ensure that the information you provide about yourself and any vehicle you wish to register as a Registered Vehicle is correct, complete, accurate and up-to-date. You agree to immediately notify us of any changes to your information using the "profile" section of yourdrive.co.nz;
      4. if we accept your registration, we will assign you a unique username and you will choose a password to access the secure section of yourdrive.co.nz;
      5. you agree that you may access the secure section of yourdrive.co.nz only through your authorised username and password and that you will be responsible for all use of yourdrive.co.nz and the Yourdrive Service through your username and password;
      6. you agree that you are responsible for keeping your password secure and secret. If you suspect that someone else knows your password and/or has accessed and used the secure section of yourdrive.co.nz under your username, you must notify us of this fact, and change your password, immediately;
      7. you may only register as one Registered User and may not have multiple yourdrive.co.nz accounts. If you terminate your Registered User account and remove your Profile from yourdrive.co.nz and subsequently wish to recommence using the Yourdrive Service you must reactivate your existing Registered User account and you must not register a new yourdrive.co.nz account; and
      8. you agree that we, or our related or associated companies, may send you messages about products or services available from us or our related or associated companies to electronic addresses (including email addresses) provided by you as part of the registration process or otherwise in connection with yourdrive.co.nz.
    2. We reserve the right to accept or decline your application for registration at our absolute discretion.
  6. Our Rights and Responsibilities
    1. We reserve the right to alter, suspend or terminate yourdrive.co.nz, the Yourdrive Service, registration of a Registered Vehicle, your status as a Registered User or your access to the secure section of yourdrive.co.nz temporarily or permanently at any time and without prior notice.
    2. Subject to clause 7, we will use reasonable endeavours to ensure that:
      1. yourdrive.co.nz is faultless, continuously available (other than during periods of maintenance) and virus-free at all times; and
      2. the information on yourdrive.co.nz is accurate and up-to-date.
  7. Feedback System

    The Feedback system on yourdrive.co.nz is provided to allow Registered Users to evaluate the conduct of other Registered Users and any Registered Vehicle of which a Register User has been a Renter. Any Feedback you provide must be accurate and must not contain offensive, defamatory, or otherwise be inappropriate. We may remove or redact any Feedback that breaches this requirement at our absolute discretion.

  8. Disclaimers
    1. We are not responsible for the descriptions of Registered Vehicles, the content of Profiles, other User Content on yourdrive.co.nz or any information regarding Registered Users or Registered Vehicles or any information otherwise communicated to you by anyone other than us directly, including information provided in direct communications between you and an Owner. Subject to clause 8, notwithstanding the fact that a Rental involves the rental of a Registered Vehicle from an Owner to us and from us to a Renter, we give no undertakings, representations, or warranties in relation to Registered Vehicles listed or rented on yourdrive.co.nz, including the suitability, safety, description, quality, features or specifications of a Registered Vehicle.
    2. The information provided by us, whether on yourdrive.co.nz, or otherwise, is for general guidance only. You must make your own assessment of the suitability and appropriateness of the products, services and the information contained on yourdrive.co.nz for your particular use of such products, services and information.
    3. We do not warrant that yourdrive.co.nz and/or your use of yourdrive.co.nz will be faultless, immediate, continuous or virus-free, or that information provided by us through yourdrive.co.nz or otherwise (including the stated availability or unavailability of products and services) will be complete, accurate or up-to-date. We have no liability or responsibility for any errors or omissions in the content on yourdrive.co.nz.
    4. Internet transmissions are never entirely secure or private. Accordingly, we do not warrant that any information you provide through yourdrive.co.nz will not be read or intercepted by others. We will not have any liability for the interception, 'hacking' or other unauthorised access of information provided through yourdrive.co.nz.
    5. The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents. This clause is intended to be for the benefit of, and enforceable by, each such supplier, licensor and agent for the purposes of the Contracts (Privity) Act 1982.
  9. Consumer Guarantees Act
    1. Subject to clause 8.2, 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.
  10. 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.
  11. Third Party Websites

    yourdrive.co.nz may contain links to third party websites. These websites have not been prepared, and are not controlled, by us. The links are provided for your convenience only, and do not imply that we check, endorse, approve or agree with any third party website (or the content on such website) that yourdrive.co.nz links to.

  12. Hyperlinking

    You may not link your website to yourdrive.co.nz without our prior written consent. If you wish to link to any part of yourdrive.co.nz, please email your request to [email protected]. We reserve the right to prohibit links to yourdrive.co.nz and you agree to immediately remove or cease any link upon written request from us.

  13. Privacy Policy

    Our Privacy Policy governs the collection, use, storage and disclosure of personal information by us. Our Privacy Policy forms part of these Terms.

    Where you provide personal information to obtain any product, service or information through yourdrive.co.nz, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise us as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.

  14. Suspension of Membership
    1. A Registered User can suspend that Registered User's account and remove his or her Profile from public access at any time, provided that no current Booking is associated with that Registered User's Profile at that time. Upon suspension of an account by a Registered User, we will remove Profile information from public access but we may retain Profile information as party of our business records.
    2. A Registered User can reinstate that Registered User's account and public access to his or her Profile at any time provided that the Registered User has not had his or her account suspended by Yourdrive for reasons that still stand.
    3. We may terminate a Registered User's account at any time for any or no reason and we may retain or delete your Profile information at our discretion.
    4. Termination of a Registered User's account will not affect your or our rights and obligations under these Terms accruing prior to termination.
  15. Confidentiality

    Subject to the Privacy Policy, any communication or material transmitted to us in connection with yourdrive.co.nz (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free licence to any information you transmit to us, including ideas, suggestions or other material and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.

  16. 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. (a) 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 15.1, 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 15.1 and 15.3.
  17. Limitation and Exclusion of Liability

    Subject to clause 8 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) except as expressly provided for in clauses 22, 25 and 26; and
    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.
  18. 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.
  19. PART B: SPECIFIC TERMS FOR OWNERS


    An Owner will rent to Yourdrive, and Yourdrive will accept the rental, of a Registered Vehicle on the terms set out in Part A and this Part B.

  20. Registering a Vehicle
    1. If you wish to use yourdrive.co.nz to rent your vehicle out, you must be a Registered User and you must register your vehicle as a Registered Vehicle.
    2. You must not register a vehicle as a Registered Vehicle unless:
      1. it has a current NZTA vehicle licence and CoF, and is and has been maintained in a condition required for the issue of that CoF;
      2. you have a comprehensive (not third party or third party, fire and theft) insurance policy in place covering the vehicle;
      3. the market value of the vehicle is $300,000 or less; and
      4. you own the vehicle or otherwise have the right to rent the vehicle to Yourdrive as contemplated by these Terms.

      If, any time after becoming a Registered Vehicle, the vehicle no longer meets the above requirements, you must remove the vehicle from your Profile and no longer accept any Booking Requests for that vehicle.
    3. When you register a vehicle as a Registered Vehicle you must:
      1. provide a complete and accurate description of the vehicle that is not misleading, with such description including details of any material defects or deficiencies with the vehicle;
      2. specify the Owner's Fee for rental of the vehicle (which may vary for various Rental Periods), it being acknowledged that the Rental Price that will be displayed for a Registered Vehicle will be the Owner's Fee plus the Yourdrive Rental Fee plus GST;
      3. specify a proposed Pick-up Location and proposed Drop-off Location; and
    4. You:
      1. may update the going Owner's Fee at any time, although the Owner's Fee on a Booking, or a Booking Request that you have accepted, cannot be changed;
      2. may update the proposed Pick-up Location and proposed Drop-off Location at any time;
      3. must update the Registered Vehicle details and description immediately if they change.
    5. You warrant to us that the Registered Vehicle matches, and will continue to match the description you have provided at all times while listed on yourdrive.co.nz and during any Rental Period.
  21. Booking Procedure for Owner

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

    1. You will be notified by us if we have received a Booking Request for your Registered Vehicle. On receipt of details of the Booking Request from us, you may, at your sole discretion, choose to accept or decline to rent your Registered Vehicle to us to rent to the Registered User who submitted the Booking Request. If you accept a Booking Request you acknowledge and agree that this will, subject to clause 19.2, result in a Rental.
    2. If you accept a Booking Request submitted by us to you in accordance with clause 19.1, we will have 48 hours to confirm the Booking. If we do not confirm the Booking within 48 hours of your acceptance of the Booking Request, you may (but need not) withdraw your acceptance of the Booking Request. If we:
      1. confirm the Booking during the 48 hour period referred to above; or
      2. confirm the Booking at any other time before you have withdrawn your acceptance of the Booking Request,

      you agree that you are bound to complete the resulting Rental, provided that you can cancel a Booking in accordance with clause 20. A Booking Request will become a Booking once it is confirmed by us. You acknowledge that our confirmation depends on receiving payment from the prospective Renter
  22. Cancellation of a Booking
    1. Without limiting clause 20.4, you may cancel a Booking via yourdrive.co.nz:
      1. at any time up to 96 hours before the commencement of the Rental Period;
      2. subject to payment by you of the applicable Cancellation Fee, at any time up to 24 hours before the commencement of the Rental Period.
    2. Subject to clause 20.4, you may not cancel a Booking within 24 hours of the commencement of the Rental Period. If you:
      1. fail to make the Booked Vehicle available at the Pick-up Location within 10 minutes of the start of a Rental Period; or
      2. the Renter determines (acting reasonably) that the Booked Vehicle is materially different from the description of the Booked Vehicle on yourdrive.co.nz,

      you will be deemed to have failed to complete a Booking and must pay the applicable Cancellation Fee.
    3. Except as provided in clause 20.4, if you cancel a Booking, you will not receive an Owner's Fee. Without limiting clause 13.3, 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 Renter at the Pick-up Location at the commencement of a Rental Period and the Renter is, in your opinion (acting reasonably) unfit to drive at the commencement of the Booking Period, including due to intoxication. If you cancel the Booking in accordance with this clause, you will not need to pay a Cancellation Fee and you will still receive the Owner's Fee 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.
    5. We may cancel a Booking at any time if the Renter cancels his or her Booking with us. No Owner's Fee will be paid.
  23. Rental
    1. For each Booking of a Registered Vehicle of which you are the Owner, you agree:
      1. to rent the Registered Vehicle to Yourdrive for the Rental Period in the Booking;
      2. that Yourdrive will rent your Registered Vehicle to the Renter for the Rental Period; and
      3. without limiting clause 23.2, you will act as Yourdrive's agent in handing over, and receiving the return of, the Registered Vehicle to the Renter.
    2. A Rental cannot be extended or altered by agreement between the Owner and the Renter. You agree that you will not permit the Renter to retain a 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.
  24. Pricing and Payment
    1. You set the Owner's Fee payable by Yourdrive to you for a given Rental Period. We will add the Yourdrive Rental Fee and GST to this amount to arrive at the Rental Price for your Registered Vehicle displayed on your Profile. You are free to change the going Owner's Fee for your Registered Vehicle at any time, although the Owner's Fee on a Booking, or a Booking Request that you have accepted, cannot be changed.
    2. The price payable by Yourdrive to you for the rental of your Booked Vehicle to Yourdrive under a Booking is the Owner's Fee. The Owner's Fee will not include any GST. If you are GST registered and are required to collect GST on the rental of your Booked Vehicle to Yourdrive, you must contact us on [email protected].
    3. We will pay you the Owner's Fee on the 10th day of the month following the month in which the relevant Rental Period ended. Payments will be made by direct deposit in to the bank account details you provide to us via yourdrive.co.nz.
  25. Vehicle Handover Procedure

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

    1. You must meet the Renter at the Pick-up Location at the commencement of the applicable Rental Period with the Booked Vehicle.
    2. You must not make any representations to the Renter on behalf of Yourdrive
    3. You must ensure that the Booked Vehicle continues to meet the requirements in clause 18.2 for the duration of the Booking. You must ensure that the Booked Vehicle, at the start of the Rental:
      1. is in a roadworthy, serviceable and safe condition;
      2. has a spare tyre that is roadworthy and inflated;
      3. has a jack and tyre replacement tools;
      4. has all required vehicle fluids, transmission, oil, coolant, brake and power steering, and fluid and wiper wash at a satisfactory level to last the duration of the Booking Period;
      5. has a full tank of fuel;
      6. is reasonably clean; and
      7. does not contain any of your personal belongings.
    4. You must, prior to providing the Booked Vehicle to the Renter:
      1. Print, complete, sign and ensure the Renter signs a Pre-Rental Inspection Report and upload a copy to yourdrive.co.nz via the Booking page within two Business Days of the start of the Rental Period.
      2. Ensure that the Renter presents to you a driver licence issued to the Renter that is valid and current for the full duration of the Rental Period and that is appropriate for the Booked Vehicle. We will have no liability to you for any Damage if the Renter does not hold a current and valid driver licence that is appropriate for the Booked Vehicle.
    5. It is your sole responsibility to ensure that the Pre-Rental Inspection Report contains sufficient details for you to prove that any Damage you may claim in accordance with clause 25.2 occurred during the applicable Rental Period.
  26. Vehicle Return Procedure

    At the end of each Rental Period for a Booked Vehicle of which you are the Owner:

    1. You must be available to collect your Booked Vehicle at the Drop-off Location at the end of the Rental Period.
    2. A Post-Rental Inspection Report of the Booked Vehicle must be printed, completed and signed by you and the Renter immediately following collection of the Booked Vehicle. You must upload a copy to yourdrive.co.nz via the Booking page within two Business Days of the end of the Rental Period.
  27. Damage Claims
    1. You acknowledge that Yourdrive will not be liable for any Damage to the Booked Vehicle unless the Post-Rental Inspection Report is submitted within the timeframe set out in clause 24.2, and contains details of the Damage.
    2. If your Booked Vehicle is Damaged during a Rental you may lodge a claim for repair of the Booked Vehicle (Damage Claim). A Damage Claim must:
      1. be made with us within two Business Days of the end of the Rental Period or you becoming aware of the Damage (whichever is the earlier);
      2. specify the Damage;
      3. include, where possible, photographs of the Damage; and
      4. be emailed to [email protected].
    3. We will assess your Damage Claim and notify you within two Business Days of receipt of your Damage Claim whether we:
      1. accept your Damage Claim, in which case clause 25.6 will apply;
      2. consider your Damage Claim is valid but not yet accepted, in which case clause 25.4 will apply; or
      3. consider your Damage Claim is not valid and is not accepted.
    4. If we consider your Damage Claim is valid, we will refer your Damage Claim to the applicable Renter and notify you within a further five Business Days whether:
      1. the Renter accepts your Damage Claim, in which case clause 25.6 will apply; or
      2. the Renter rejects your Damage Claim, in which case clause 25.5 will apply.
    5. If your Damage Claim is rejected by the applicable Renter in accordance with clause 25.4(b), we will investigate your Damage Claim and the Damage to the Booked Vehicle and endeavour to notify you within a further five Business Days whether we accept or reject your Damage Claim. You agree to provide us and our service providers (including our insurance assessors) with access to the Booked Vehicle at reasonable times to assist with our investigation. If:
      1. we accept your Damage Claim, clause 25.6 will apply; or
      2. we reject your Damage Claim.
    6. If your Damage Claim is accepted, we will repair the Damage or provide payment to you in accordance with clause 25.7.
    7. Repair of your Booked Vehicle or payment in lieu of repair will be in accordance with the following conditions:
      1. we will repair only the Damage that has been accepted by us in accordance with your Damage Claim;
      2. we will select the provider to carry out the Damage repair;
      3. we may, at our discretion, determine that the Booked Vehicle is a "write-off" (including where the Booked Vehicle has been stolen) and pay you the fair market rate for the Booked Vehicle to a maximum of $300,000 in which case you agree to transfer ownership of the Booked Vehicle to us.

      We, or our insurance provider, will determine the fair market rate for the Booked Vehicle, and may consider any relevant factors such as the age, type, make, model and condition of the Booked Vehicle, including by assessing the Booked Vehicle details in your Profile.
  28. Infringment Fee Claims
    1. If you receive an infringement fee:
      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 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 a Rental Period,

      you may lodge a claim for payment by us of the infringement fee (Infringement Fee Claim). Infringement Fee Claims must be made as soon as is practicable but in no case more than five Business Days after you receive notice of the infringement fee by sending a legible colour copy to [email protected].
    2. We will assess your Infringement Fee Claim and notify you within five Business Days of receipt of the Infringement Fee Claim whether we accept or reject your Infringement Fee Claim (acting reasonably). If we accept your Infringement Fee Claim we will pay the appropriate enforcement authority on your behalf.
  29. Limitation of Liability
    1. You agree that if you leave any personal belongings in car, they are left entirely at your risk, and we incur no liability in respect of any loss or damage to them.
    2. We will not be liable for:
      1. any indirect loss you incur as a result of any Incident or other Damage, including loss of potential income while the Booked Vehicle is being repaired;
      2. any breakdown of your Booked Vehicle due to a mechanical fault that occurs other than due to the negligence of, or abuse by, a Renter; or
      3. any general wear and tear, or consumables (for example oil, brake pads, or cam belts) that your Booked Vehicle requires as a result of use by a Renter.
  30. PART C: SPECIFIC TERMS FOR RENTERS


    Yourdrive will let to a Renter, and a Renter will accept the letting, of a Registered Vehicle on the terms set out in Part A and this Part C.

  31. 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 email a legible colour copy of your driver licence or driving permit to [email protected];
    2. You can only rent a Registered Vehicle that is intended to be driven by only you for the period that you rent the Registered Vehicle and for which you 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.
  32. 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 must , within 48 hours, pay the Rental Price to us. If you fail to pay the Rental Price within 48 hours, the Owner has the option to withdraw acceptance of the Booking Request and 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 30.

      A Booking Request will become a Booking once it has been confirmed by us and you have paid us the Rental Price.
  33. Cancellation of a booking
    1. Without limiting clause 30.4, 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 30.4, 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 30.3 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 30.2, you will not receive a refund of any part of the Rental Price. Without limiting clause 13.3, 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 30.4, 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.
  34. 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.
  35. 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.
  36. 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, complete and sign the Pre-Rental Inspection Report with the Owner.
    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.
  37. 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, complete and sign the Post-Rental Inspection Report with the Owner.
  38. Your Obligations

    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 or water in the radiator and battery and tyre pressures of the Booked Vehicle;
    3. ensure that you and all passengers comply with all applicable laws, including laws related to child restraints;
    4. not smoke or permit any person to smoke in the Booked Vehicle;
    5. not carry or permit any animals in the Booked Vehicle;
    6. not carry any dangerous or hazardous material in the Booked Vehicle;
    7. not use misuse the Booked Vehicle, use the Booked Vehicle for any illegal purpose or drive the vehicle off-road, including on any beach;
    8. not allow anyone other than you to drive the Booked Vehicle;
    9. notify us of any Damage to the Booked Vehicle immediately upon becoming aware of the Damage;
    10. if the Booked Vehicle is stolen, notify us and the Police as soon as possible after discovering that theft;
    11. 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
    12. pay for any fuel used by the Booked Vehicle during the Rental Period and return the Registered Vehicle with a full tank of fuel.
  39. 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 [email protected] with detail of the incident.
  40. 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 37.1, 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.
  41. 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.
  42. 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 39.4 will apply; or
      2. consider the Damage Claim is valid, in which case clause 39.2 will apply.
    2. If we consider a Damage Claim is valid in accordance with clause 39.1(b), we will notify you of the Damage Claim and you must, within three Business Days:
      1. accept the Damage Claim, in which case clause 39.4 will apply; or
      2. reject the Damage Claim, in which case clause 39.3 will apply.
    3. If you reject the Damage Claim in accordance with clause 39.2(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 39.4 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 39.1(a), 39.2(a) or 39.3(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 41.1 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 41, your liability will be limited to your applicable Insurance Excess.
  43. 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:
        1. you must pay this within five Business Days; and
        2. if you fail to pay, we may 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 40.
  44. INSURANCE
    1. Each Rental includes our insurance in accordance with this clause 41, unless you may make your own insurance arrangements provided that these 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 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.
      4. 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.
      5. 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.
      6. 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.
      7. The Booked Vehicle being driven in breach of the law relating to driving hours.
      8. 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.
      9. 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.
      10. 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.
      11. 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.
  45. 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.
  46. 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 Fees payable by Owner
    Cancellation of a Booking by the Owner at any time from 96 hours up to 48 hours before the Rental Period $50
    Cancellation of a Booking by the Owner at any time from 48 hours up to 24 hours before the Rental Period $100
    Cancellation of a Booking within 24 hours of the commencement of the Rental Period $200
    Cancellation of Booking due to the Booked Vehicle not matching the description $200
    Cancellation Fees payable by Renter
    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

    Infringement Fee Claim The amount of the infringement fee plus $40
    Late return of booked Vehicle $40 plus equivalent rental rate
    Fuel top up The cost of the fuel plus $40
    Cleaning fee $200
    Repossession Fee The reasonable costs in carrying out the repossession plus $100