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"You will, if you're wise and know the art of travel, let yourself go on the stream of the unknown and accept whatever comes in the spirit in which the gods may offer it"Freya Stark (1893-1993) |
terms and conditions
Valid until 30 June 2009 or as advised.
DEFINITIONS
1. 'Hirer' means the person or persons nominated as the Hirer and any person whose credit card is presented for payment of the Hirer's charges. 'Turakina' means Turakina Motorhomes Limited, a New Zealand registered company. 'Vehicle' means the Vehicle hired by the Hirer and includes tyres, tools, accessories and all other equipment, documents or additional hire items related to the Vehicle and any replacement or substitute Vehicle as provided.
DETAILS OF RENTAL
2. Daily Hire Charges
2.1 All prices are in New Zealand Dollars (NZD).
2.2 All prices included New Zealand Sales Tax (GST= 12.5%).
2.3 All rentals include unlimited vehicle kilometres.
2.4 Rental days are calculated on a calender basis. The day of pick-up is day one of the rental, regardless of pick-up time. The day the Vehicle is returned is the final day of the rental, regardless of return time.
2.5 The Hirer shall not be entitled to any refund in the event of late pick-up or early return of the Vehicle.
2.6 Terms and Conditions and rates quoted prior to booking, are subject to change without notice. However, the rates quoted and Terms & Conditions applicable at time of your confirmed booking will not be altered or changed without your prior approval, except where statutory or regulatory laws dictate.
3. Vehicle Equipment
The Vehicle contains the following equipment: microwave, kettle, toaster, crockery, cutlery & cooking utensils, pots & frying pan, chopping board, serving bowls & food storage containers, dustpan & brush, clothesline & pegs, torch, fishing rod, gas bottles, outdoor table & chairs and snow chains (winter only).
4. Minimum Rental
The minimum rental period is seven (7) days. Between mid December and mid February the minimum rental period is ten (10) days, except by arrangement.
5. Rental Extensions
Extending the rental hire period is subject to availability and confirmation by Turakina. Any additional rental charges are to be paid at time of extension.
6. Deposits and Payments
A deposit, being the greater of $500 or 20% of the base rental (excludes optional extras), is to be paid at time of confirmation to secure the booking. The balance of all monies is to be paid not less than 28 days before the pick-up date. Failure to pay any money due may forfeit the confirmation and deposit.
7. One-way rentals
Unless otherwise agreed, all rentals shall commence and terminate in Christchurch or Auckland. One-way rentals (either way between Christchurch and Auckland) are offered as an optional extra as follows:
-rental duration less than 15 days NOT AVAILABLE
-rental duration 15-28 days - One-Way Fee may apply subject to availability
-rental duration more than 28 days FREE
8. Extra Divers
There are no extra driver fees. A maximum of four (4) drivers are permitted to be registered to drive the Vehicle.
9. Vehicle Availability
If, for any reason beyond our control, the booked Vehicle is not available, we reserve the right to substitute the Vehicle with one of equal or better standard. In the event that a substitute Vehicle is unavailable, our liability is limited to refunding your payment for the hire period.
INSURANCE AND BOND
10.Insurance
10.1. The hire charge includes comprehensive insurance cover.
10.2. The Hirer is responsible for the first $3,000 (called “the excess”) of the cost of damage to the Vehicle or third-party property, including replacement or repair of damaged windscreens and/or tyres.
10.3. The excess is applicable regardless of who is at fault and must be paid at the time the accident report is made. The excess applies in respect of each claim, not rental (see Clause 10.5).
10.4. In the event of any damage to the Vehicle or third-party property, the Hirer shall notify Turakina by telephone within 24hours or as soon practical.
10.5. In the event of any damage to the Vehicle or third-party property, a second bond will be collected to the Hirer's credit card to cover any excess for any subsequent damage.
10.6. New Zealand ACC legislation normally provides limited cover for personal injury claims, however all Hirer's are strongly recommended to take out full travel insurance for both personal injury and loss as the statutory scheme has limitations.
10.7. Personal belongings are excluded from all insurance cover. Turakina recommends the Hirer does not leave valuables in the Vehicle and that they take-out personal travel insurance.
11 Excess Waiver
11.1. Turakina's ZERO-Excess policy option reduces the excess for and damage to either the Vehicle or third-party property to ZERO.
11.2. The ZERO-Excess option costs $30 per rental day.
11.3. The ZERO-Excess policy option includes cover for replacement or repair to windscreens and replacement tyres.
11.4. The Hirer is responsible for all costs resulting from damage, irrespective of whether or not the ZERO Excess option has been taken, if they are found to have:
- Failed to meet the requirements in the 'Use Of The Vehicle' clauses (21-29)
- Damaged the Vehicle by wilful or negligent misconduct
- Failed to abide by the New Zealand Road Code
- Allowed the Vehicle to become stuck necessitating recovery
- Lost or failed to return the Vehicle keys or any costs or damage associated with key retrieval when locked in the Vehicle
- Damaged the Vehicle underbody, however caused
12 Bond
12.1 A bond of $3,500 must be paid when picking-up the Vehicle.
12.2 Only a credit card can be used to pay the bond. The cardholder must be present to sign for the bond at pick-up. The cardholder is jointly and severally liable for any damage to the Vehicle.
12.2 The bond is reduced to $500 when ZERO-Excess insurance option is taken out.
12.3 The bond is fully refundable, when the Vehicle is returned on the agreed date to the agreed location, in a reasonably clean and tidy condition, and no items are lost or damaged, and all holding and waste tanks (including toilet) are empty, and the fuel tank is full, and the vehicle has not been damaged or involved in an accident or recovered/towed. See Clause 20. The returned bond will be reduced rateably and proportionally to permit Turakina to return the Vehicle and its contents to the condition it was in when it was picked-up by the Hirer.
12.4 All payments and refunds will be in New Zealand Dollars at the exchange rate on the date when the payment/refund is made. Turakina shall not be liable for any exchange rate variance or bank/credit card foreign exchange fees during such transactions.
ADDITIONAL FEES
13 Cancellation Fees
13.1 Cancellations must be notified by telephone or fax. Cancellations by email are only accepted once we confirm receipt of your email. All dates are New Zealand times/dates.
13.2 If the cancellation is received:
- more than 28 days before pick-up date - then the deposit is retained by Turakina
- less than 28 days before pick-up date – then 50% of the rental fee is retained by Turakina
- less than 14 days before pick-up date – then 75% of the rental fee is retained by Turakina
- on the day of pick-up or 'no-show' – then 100% of the rental fee is retained by Turakina
13.3 Turakina reserve the right refuse any rental at its discretion.
14 Return Penalty Fees
Return of the Vehicle after the agreed time/date will incur a Late Penalty Fee of $200 per day in addition to the normal daily rental rate for each day until the Vehicle is returned. Failure to return the Vehicle to the agreed destination will incur a Relocation Penalty Fee of $1500 (inter-island relocation) or $1000 (within-island relocation).
15 Other Fees
On return, the fuel tank should be full and all other tanks should be empty. A Tank Penalty Fee of $50 plus costs per tank is incurred if Turakina have to remedy this. If the Vehicle is unreasonably dirty or untidy and additional Cleaning Penalty Fee of up to $200 may be incurred.
16 Smoking
Smoking in our Vehicles is dangerous and is prohibited at all times. Evidence of smoking will incur a Cleaning Penalty Fee of $200.
PICK-UP AND RETURNS
17 Rental Location
Unless otherwise agreed upon in the booking, all vehicles are to be collected and returned in Christchurch or Auckland.
18 Hours of Operation
18.1 Everyday 10am-6pm (10am-4pm in Winter) or by special arrangement. Closed Christmas Day (25th December) and New Years Day (1st January).
19 Vehicle Pick-Up
19.1 Pick-up will be at either the airport, your accommodation, a local campsite or our premises in Christchurch or Auckland (as per booking).
19.2 There is no charge for pick-up or collections.
19.3 The Vehicle will be clean and have a full tank of fuel and full gas bottles. The Hirer will sign to acknowledge this.
19.4 Vehicle pick-up and return take approximately one (1) hour each. All aspects of Vehicle safety and use will be explained to the Hirer.
20 Vehicle Return
20.1 The Vehicle must be returned to/at the place and time agreed in the booking.
20.2 Late or wrong destination return will incur late and/or relocation fees (see Clause 14).
20.3 The Vehicle is to be returned with a full tank of fuel. See Clause 15.
20.4 The Vehicle is to be returned in a reasonably clean and tidy condition. See Clause 15.
20.5 All Vehicle equipment including but not limited to that listed in Clause 3, must be returned undamaged. Hirer is liable for any damage or omissions.
20.6 All holding tanks (clean/waste/toilet) must be empty on return. See Clause 15.
20.7 Please allow approximately one (1) hour for Vehicle return.
USE OF THE VEHICLE
21 The Hirer Shall Not:
21.1 Sublet or lease the Vehicle to any person or entity.
21.2 Use the Vehicle for commercial activity or financial gain.
21.3 Permit the Vehicle to be used or operated outside or without his/her authority or control.
21.4 Operate the Vehicle or permit it to be operated in circumstances that could constitute an offence by the driver, relating to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs.
21.5 Operate the Vehicle or permit it to be operated to propel or tow any other vehicle.
21.6 Operate the Vehicle or permit it to be operated for the transport of more than the number of people for which there are fitted seatbelts.
21.7 Permit pets or animals in the Vehicle (except registered guide dogs by arrangement).
21.8 Drive or permit the Vehicle to be driven by any person who, at the time of driving, is not the holder of a current driver's license appropriate for the Vehicle.
21.9 The Hirer shall notify Turakina if at any time during the rental period, any person named on the Rental Agreement as a driver, has their license suspended, revoked or cancelled or becomes unlicensed to drive.
21.10 Permit the Vehicle to be damaged by submersion in water, contact with sea water, crossing rivers or creeks, driving through flooded areas or driving on beaches.
21.11 Involve the Vehicle in any race, rally, contest or speed/timed event.
22 Turakina has the right to:
22.1 Terminate the Rental Agreement and take immediate possession of the Vehicle under the following circumstances:
- The Hirer fails to comply with any of the terms of the Agreement
- If the Vehicle is damaged
- The Hirer has obtained rental of the Vehicle involving fraud, deception or misrepresentation
- The Vehicle appears to be or is reported as abandoned
- The Vehicle is not returned on the date/place as required in the Rental Agreement (including any extensions or changes agreed upon) or Turakina believes that the Vehicle will not be returned at the agreed time/place
- Turakina considers, on reasonable grounds, that the safety of passengers or the condition of the Vehicle has been compromised
22.2 Termination of the rental under the authority of this clause shall be without prejudice to the other rights of Turakina and the other rights of the Hirer under this Agreement.
23. Driver Requirements
23.1 All drivers must be 25 years of age or older when commencing the rental.
23.2 All drivers must hold a current driver's license from their home country or an International driving Permit (IDP).
23.3 If the home-country license is not in English, an English translation or an IDP must be carried at all times with the non-English license.
23.4 All Vehicle drivers must be named in the Rental Agreement and their licenses inspected.
24. Driving Restrictions
24.1 Vehicles may be driven on designated roads with the following exceptions:
- Skippers Canyon Road (near Queenstown)
- Ball Hutt Road (Mount Cook)
- 90 Mile Beach (Northland)
- Tapu-Coroglen Road (Coromandel Peninsula)
- Any road closed by Police or highway authorities
24.2 Hirers attention is also drawn to Clause 21.10
25. Traffic Offences
25.1 All fines and fees incurred by any driver of the Vehicle during the rental period as a result of infringements or breaches of traffic laws are payable by the driver, not Turakina. Turakina reserve the right to pass-on to the Police the contact details of any person or persons for whom a fine or infringement is received once the Vehicle is returned.
ACCIDENTS, DAMAGE AND BREAKDOWNS
26. Mechanical Repairs
26.1 The Hirer is responsible for all puncture and tyre repairs.
26.2 The Hirer will be responsible for any costs or damage associated with use of incorrect fuel or contamination of any holding tanks.
26.3 Repairs to the Vehicle up to the value of $100 (including GST) may be undertaken or authorised by the Hirer without prior authorisation from Turakina and will be reimbursed at the end of the rental upon presentation of a suitable GST receipt.
26.4 Where contact with Turakina is impractical or not possible, then repairs are permitted to the Vehicle where the person undertaking the repairs is suitable skilled/trained to do so and they certify in writing that they have attempted to contact Turakina with details of how and when, that they were unable to make contact, and that such repairs were essential to permit the vehicle to be safe and legally roadworthy.
26.5 No responsibility for out-of-pocket expenses, meals or accommodation resulting from mechanical breakdown or accident will be accepted. Turakinas liability is limited only to refund of rental charges for any full days of Vehicle use lost due to mechanical breakdowns.
27. Accidents & Damage
27.1 If the Vehicle is involved in an accident or if the Vehicle is damaged the Hirer must notify Turakina within 24hours or as soon as is practical. Failure to do so may compromise any claims for compensation.
27.2 If the Vehicle is damaged to the extent that it cannot be safely or legally driven and can not be repaired in reasonable time period, Turakina will endeavour to provide a replacement Vehicle. Any replacement Vehicle shall be provided under the same Terms and Conditions and booking arrangements as the original Vehicle. However, the provision of a replacement Vehicle is subject to availability, location, remaining hire duration and is not guaranteed.
RELEASE AND INDEMNITY OF TURAKINA
28. The Hirer releases Turakina, its employees, contractors and agents, from any liability to the Hirer (regardless of fault) for any loss or damage incurred by the Hirer or associated persons by reason of rental, possession or use of the Vehicle.
DISCLAIMER
29. Illustrations, images and text in any of our documentation or website is subject to change. Images are representations only of the vehicles depicted. Variations may occur due to vehicle availability, modifications, replacements, design or manufacturers' changes.
DISPUTE RESOLUTION POLICY
30. Turakina Motorhomes encourage an open dialogue between customers and ourselves. In the event of a dispute, the following dispute resolution policy shall be followed:
STEP #1: An open dialogue between the customer and ourselves shall take place with the objective of finding a quick, practical and mutually acceptable solution to the problem. Most problems are resolved this way.
STEP #2: In the event that step#1 is not successful, a meeting or telephone conversation shall be convened between the customer and a Director of Turakina Motorhomes. This should take place within one week after the unsuccessful attempt outlined in step #1.
STEP #3: If step #2 is unsuccessful, the customer shall submit in writing their complaint and the Directors of Turakina Motorhomes shall respond in writing outlining a solution. This shall be done within one week of receipt of the letter.
STEP #4: If the dispute remains unresolved after step #3, the customer may choose to ask for mediation using a New Zealand mediator. The cost shall be split equally between Turakina Motorhomes and the customer. The mediator must be impartial and mediation shall take place in good faith at the earliest date possible once a mediator has been agreed upon.
END