Terms and Conditions

NORTH SHORE CAR RENTALS RENTAL SERVICE AGREEMENT TERMS AND CONDITIONS

This Rental Service Agreement comprises these terms and conditions (Terms and Conditions) and the

rental document setting out particulars of the hire arrangement attached (Term Sheet).

This Rental Service Agreement sets out the terms and conditions on which North Shore Car Rentals

Limited agrees to let a motor vehicle to the hirer named in the Term Sheet (Hirer).

VEHICLE DESCRIPTION

1. North Shore Car Rentals will let, and the Hirer will take on hire, the motor vehicle described in the

Term Sheet (Vehicle).

HIRE TERM

2. The Hirer shall hire the Vehicle for the period commencing at the time and on the date specified in the

Term Sheet as Hire Start and concluding at the time and on the date specified in the Term Sheet as Hire

End (Hire Period).

3. The Hirer will, at or before the end of the Hire Period, either deliver the Vehicle to the place for return

specified in the Term Sheet (or to such other place as agreed in writing with North Shore Car Rentals) or

obtain North Shore Car Rentals’ consent to the continuation of hire (in which case the Hirer shall pay

additional hire charges for the extended Hire Period). If the Hirer fails to comply with this clause, the Hirer

shall be liable for additional charges for the late return of the Vehicle as set out in this Rental Service

Agreement.

4. For the purposes of clause 3 above, North Shore Car Rentals will not consider the Vehicle returned to

it until the Hirer returns the keys for the Vehicle to the same North Shore Car Rentals depot that the Vehicle

was returned to.

AUTHORISED DRIVERS

5. During the Hire Period, the Vehicle may only be driven by:

(a) the Hirer; and

(b) any additional authorised persons specified in the Term Sheet or in an authorised drivers list attached

to this Rental Service Agreement (if any),

and in either case, only if such persons hold a full valid driver’s licence appropriate for the Vehicle at the

time that they are driving the Vehicle.

HIRE CHARGES

6. The Hirer shall pay North Shore Car Rentals for the hire of the Vehicle such sum or sums as are

specified in the Term Sheet, plus goods and services tax (GST).

7. Hire charges for the Vehicle are calculated on a ‘per day’ basis, where each hire day consists of a

consecutive 24 hour period. The first hire day commences at the Hire Start Time specified in the Term

Sheet. The minimum Hire Period is one day (24 consecutive hours).

8. The Hirer must return the Vehicle by the Hire End Time on the Hire End Date as specified in the Term

Sheet, or the Hirer will be liable to pay a hire charge for each additional day of hire of the Vehicle. Each

additional day will be calculated from the Hire Start Time, on the Hire End Date, after allowing for a grace

period of 29 minutes.

9. If the Hirer returns the Vehicle prior to the Hire End Time, the Hirer will remain liable to pay the hire

charge for each day the Hirer has agreed to hire the Vehicle as set out in the Term Sheet.

10. The Hirer must comply with all restrictions applicable to any special hire rates or he or she will become

liable to pay the standard rental rate that would otherwise have been charged by North Shore Car Rentals

for the Vehicle for the Hire Period.

11. The Hirer will pay for all petrol or other fuel (but not oil) used in the Vehicle during the Hire Period. If

the Hirer chooses not to refuel the Vehicle prior to returning it, North Shore Car Rentals will refuel the

Vehicle and charge the Hirer for such fuel at the rate described in the Term Sheet plus GST.

12. If the Hirer exceeds any maximum travel distance specified in the Term Sheet, the Hirer will be liable to

pay a distance charge at the rate described in the Term Sheet plus GST.

13. The Hirer will pay all road tolls charged for the Vehicle during the Hire Period.

14. The Hirer will be liable for the cost of replacing any key not returned with the Vehicle and/or any

replacement key provided to the Hirer (including the cost of any courier or delivery charges).

15. Unless otherwise agreed in writing, if the Vehicle is not returned to North Shore Car Rentals on the

same island as it was hired from, North Shore Car Rentals may charge the Hirer an additional fee of up to

$1,500 plus GST for its relocation.

16. North Shore Car Rentals may charge the Hirer up to $250 plus GST for the cost of cleaning the

Vehicle’s interior if the Vehicle is returned in a condition requiring additional cleaning and deodorising in

excess of the cleaning usually required for returned vehicles. This includes, but is not limited to, cleaning

and/or deodorising necessitated by spillage of fluids, food, vomit, stains, smoke, unpleasant odours and

animal hair.

17. North Shore Car Rentals may charge transaction fee surcharges in connection with the use of a credit

card by the Hirer.

18. The Hirer will be liable to pay interest on all moneys due and unpaid under this Rental Service

Agreement calculated at the rate of 10% above the interest rate payable by North Shore Car Rentals to its

bankers for overdraft accommodation, on a daily basis from the due date for payment to the date payment

is actually received.

19. The Hirer will be liable for all costs of enforcement and collection incurred by North Shore Car Rentals

in relation to this Rental Service Agreement (including legal costs on a solicitor and own client basis).

20. The Hirer acknowledges that they shall be liable at the end of the Hire Period to pay to North Shore Car

Rentals any applicable additional charges payable in accordance with this Rental Services Agreement. By

way of summary, these charges include, but are not limited to:

(a) charges for late return of the Vehicle (clause 8)

(b) charges for petrol or other fuel used (but not oil) (clause 11);

(c) additional charges for distance driven (clause 12)

(d) road toll charges (clause 13);

(e) key replacement costs (clause 14);

(f) a Vehicle relocation fee (clause 15);

(g) charges for cleaning and/or deodorising the Vehicle (clause 16);

(h) credit card transaction fee surcharges (clause 17);

(i) interest on unpaid amounts (clause 18);

(j) enforcement and collection costs (clause 19);

(k) charges relating to damage to or repair of the Vehicle (subject to the other terms of the Term Sheet)

and any enforcement charges relating to such damage or repairs (including legal costs);(clauses 30 and 31)

(l) the administration fees specified in this Rental Service Agreement (clauses 49 and 40)

(m) traffic and/or parking offence infringement fees (clause 47).

21. North Shore Car Rentals will deduct all charges due and payable under this Rental Service Agreement

from the Hirer’s credit card during or after the Hire Period is completed, or the Hirer may pay such charges

as agreed with North Shore Car Rentals, such choice to be at North Shore Car Rentals’ sole discretion.

22. The Hirer expressly and irrevocably authorises North Shore Car Rentals to deduct all charges

determined by North Shore Car Rentals in its sole discretion to be payable under this Rental Service

Agreement from the Hirer’s credit card and such authority shall not be revoked without the prior written

approval of North Shore Car Rentals.

23. The Hirer agrees that in the event of a dispute arising as to whether a fee has been appropriately

charged to the Hirer’s credit card, the Hirer will not seek to have the charge on the Hirer’s credit card

reversed, but will rather contact North Shore Car Rentals directly to discuss whether the charge has been

applied in error.

HIRER’S OBLIGATIONS

24. The Hirer will ensure that:

(a) all reasonable care is taken in handling and parking the Vehicle;

(b) the Vehicle is left securely locked when not in use;

(c) the water in the radiator and battery and the oil and coolant in the Vehicle are maintained at the

proper level

(d) no person interferes with the distance recorder or speedometer or, except in an emergency,

any part of the engine, transmission, or suspension systems of the Vehicle; and

(e) the tyres are maintained at the proper pressure.

25. If any warning light in the Vehicle is activated, the Hirer must stop driving as soon as is safely possible

1. (a) refer to the manual in the glove box of the Vehicle and follow the instructions in the manual; and

(b) if the Hirer is unable to solve the problem, he or she must telephone North Shore Car Rentals

Emergency Assistance on 0800 881 008

26. If the Vehicle is damaged in any way, the Hirer must, as soon as practicable, advise North Shore Car

Rentals in accordance with clause 29.

NORTH SHORE CAR RENTALS OBLIGATIONS

27. North Shore Car Rentals will supply the Vehicle in a safe and roadworthy condition, up to current

warrantable standards.

28. North Shore Car Rentals will be responsible for all costs of running the Vehicle during the Hire Period

except to the extent that those costs are payable by the Hirer under this Rental Service Agreement.

ACCIDENTS AND VEHICLE REPAIRS

29. If there is an accident involving the Vehicle or the Vehicle breaks down or requires repair or salvage

(regardless of cause) the Hirer shall telephone North Shore Car Rentals Emergency Assistance 0800 881

008 immediately and follow the operator’s instructions with respect to the Vehicle.

30. The Hirer shall not arrange or undertake any repairs or salvage without the North Shore Car Rentals

authority (including, but not limited to, purchasing replacement tyres) except to the extent that the repairs or

salvage are necessary to prevent further damage to the Vehicle or to other property.

31. If the Vehicle requires repair or salvage, North Shore Car Rentals may, at its sole discretion and

without incurring any liability to the Hirer:

1. (a) elect to provide the Hirer with a replacement vehicle (which may not be the same make or class

as the Vehicle) within a reasonable timeframe, taking into account the availability of other rental

vehicles and the Hirer’s location; or

(b) elect not to provide the Hirer with a replacement vehicle and cancel this Rental Service

Agreement in accordance with clause 46.

LIABILITY

32. The Hirer is liable for:

1. (a) any loss or damage to the Vehicle, its accessories and spare parts arising during the Hire

Period; and

(b) any loss of, or damage to, vehicles and property of third parties during the Hire Period arising

out of or in connection with the use or misuse of the Vehicle; and

(c) any consequential damage, loss or costs, including salvage costs, loss of ability to re­hire and

loss of revenue, incurred by North Shore Car Rentals in connection with the Hirer’s use or misuse of

the Vehicle (however that loss, cost or damage may have been caused).

33. The Hirer agrees to release and indemnify North Shore Car Rentals from and against all actions,

claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may

suffer or incur or become liable for as a result of the use or misuse of the Vehicle.

INSURANCE

34. Motor vehicle insurance is offered by North Shore Car Rentals but the Hirer may make his or her own

insurance arrangements provided these are approved by North Shore Car Rentals. If North Shore Car

Rentals is not satisfied that the Hirer’s insurance is comparable with North Shore Car Rentals insurance

cover, North Shore Car Rentals may decline to hire the Vehicle.

35. If the Hirer elects to use North Shore Car Rentals insurance, any person named in this Rental Service

Agreement as a person permitted to drive the Vehicle is, subject to the damage administration fee in

clause 40, any excess payable by the Hirer as noted in clause 37 and the insurance exclusions set out in

clause 41:

(a) indemnified in respect of any liability he or she might have to North Shore Car Rentals in

respect of:

(i) loss of or damage to the Vehicle and its accessories and its spare parts; and

1. (ii) any consequential loss of revenue of other expenses of, North Shore Car

(b) indemnified in respect of any liability he or she might have for damage to any property

(including injury to any animal) belonging to any other person arising out of use of the Vehicle.

36. If the Hirer elects to use North Shore Car Rentals insurance, the insurance premium is included in the

hire charge.

37. If the Hirer elects to use North Shore Car Rentals insurance the excess payable by the Hirer is as

specified in the Term Sheet in box ADE (plus GST) (Excess), and is payable for each and every incident

involving the Vehicle, unless the Hirer elects to purchase accident excess reduction insurance (AER

Insurance) in accordance with clause 38.

38. The Hirer may purchase AER Insurance to cover the Excess payable by the Hirer under North Shore

Car Rentals insurance cover. If the Hirer elects to purchase AER Insurance, he or she will pay the daily

rate described in the Term Sheet in box AER (plus GST) for the Hire Period.

39. The Hirer acknowledges that if he or she elects to use North Shore Car Rentals insurance but does not

purchase AER Insurance, he or she will be liable for all damage, loss and costs referred to in clause 32 up

to the amount of the Excess.

40. An additional damage administration fee of $75 plus GST will be applied for processing damage

claims. This fee applies to all damage claims regardless of whether the Hirer elects to use North Shore Car

Rentals own insurance or has their own insurance arrangements. This fee may be refunded or waived at

the sole discretion of North Shore Car Rentals.

INSURANCE EXCLUSIONS

41. The Hirer acknowledges that North Shore Car Rentals own insurance detailed in clause 35 will not

apply where:

1. (a) the driver of the Vehicle is under the influence of alcohol or any drug that affects his or her

ability to drive the Vehicle;

(b) the Vehicle is in an unsafe or unroadworthy condition, such condition arising during the course

of the hire, that caused or contributed to the damage or loss, and the Hirer or driver was aware or

ought to have been aware of the unsafe or unroadworthy condition of the Vehicle;

(c) the Vehicle is operated in any race, speed test, rally or contest or any practice run prior to such

an event;

(d) the Hirer is not a body corporate or government department and the Vehicle is driven by any

person other than the Hirer or any person named in this Rental Service Agreement as a person

permitted to drive the Vehicle;

(e) the Vehicle is driven by any person who at the time he or she drives the Vehicle is disqualified

from holding a driver’s licence appropriate for that Vehicle or is otherwise an unlicensed person;

(f) the Vehicle is wilfully or recklessly damaged by the Hirer or any other person named in this

Rental Service Agreement as a person permitted to drive the Vehicle, or driving the Vehicle under

the authority of the Hirer, or is lost as a result of the wilful or reckless behaviour of the Hirer or any

such person;

(g) the Vehicle is operated outside the terms of this Rental Service Agreement;

(h) the driver is convicted of committing a traffic offence that occurred while driving the Vehicle;

(i) the Vehicle is driven off­road and/or on roads other than tar seal or metal, or is driven on

Skippers Road (Queenstown), the road to Macetown in the Queenstown area, Tasman Valley Road

(Mt Cook) or 90 Mile Beach (Northland); or

(j) any type or grade of fuel or any other substance that is not specified as appropriate for the

Vehicle by North Shore Car Rentals or the Vehicle’s manufacturer is injected or placed into the

Vehicle’s fuel tank.

42. It is agreed between North Shore Car Rentals and the Hirer that section 11 of the Insurance Law

Reform Act 1977 will apply with respect to the above exclusions as if this clause constituted a contract of

insurance.

HIRER’S OWN INSURANCE

43. If the Hirer elects to use his or her own insurance (in accordance with clause 34 above), then the Hirer

accepts all liability for all losses, costs and damages set out in clause 32 and 33 above and agrees that

clause 35 does not apply to such losses, costs and damages.

CANCELLATION

44. North Shore Car Rentals may cancel this Rental Service Agreement and take immediate possession of

the Vehicle if the Hirer fails to comply with any of the terms of the Rental Service Agreement, or if the

Vehicle is involved in an accident, breaks down or requires repair or salvage.

45. Cancellation of this Rental Service Agreement shall be without prejudice to the rights of North Shore

Car Rentals and the obligations of the Hirer under the Rental Service Agreement or otherwise. In particular,

the Hirer will remain liable for all hire and additional charges payable under this Rental Services Agreement.

USE OF THE VEHICLE

46. The Hirer must not:

1. (a) use or allow the Vehicle to be used for the transport of passengers for hire or reward unless the

Vehicle is hired with North Shore Car Rentals knowledge for use in a passenger service licensed

under Part 4A of the Land Transport Act 1998 (Act).

(b) sublet or hire the Vehicle to any other person;

(c) allow the Vehicle to be operated outside his or her authority;

(d) operate the Vehicle, or allow it to be operated, in circumstances that constitute an offence

against section 56, 57, or 58 of the Act;

(e) operate the Vehicle or allow it to be operated in a race, speed test, rally or contest;

(f) operate the Vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, Land

Transport (Road User) Rule 2004 or any other Act, regulations, rules, or bylaws relating to road

traffic;

(g) operate the 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 Vehicle;

2. (h) drive or allow the Vehicle to be driven by any person, if at the time of driving, the driver is not

the holder of a full current driver’s licence appropriate for the Vehicle;

(i) drive or allow the Vehicle to be driven off­road or on any of the roads listed in clause 41(i)

above. For the purposes of this Rental Service Agreement, “off­road” includes, but is not limited to,

any beach, dirt track, river bed or an area likely to damage the Vehicle;

(j) allow the Vehicle to be driven by any person who is not named or described in the Rental

Service Agreement as a person permitted to drive the Vehicle;

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

(l) transport any animal in the Vehicle with the exception of guide dogs;

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

(n) allow any person to smoke in the Vehicle.

HIRER’S LIABILITY FOR INFRINGEMENT FEES

47. The Hirer is liable for all penalties incurred during the Hire Period related to traffic and/or parking

offences, including infringement fees for speeding offences, failure to comply with traffic signals, toll

offences, parking violations and vehicle clamping fees.

48. Under New Zealand law, North Shore Car Rentals may charge an infringement fee to the Hirer’s credit

card for any traffic/parking offence committed during the Hire Period.

49. North Shore Car Rentals may also charge an administration fee of $50 plus GST to the Hirer’s credit

card to cover the cost of:

1. debiting the Hirer’s credit card; and/or

2. processing and sending to the Hirer notices relating to traffic and/or parking offences.

50. North Shore Car Rentals undertakes, in the event of receiving a notice of any traffic or parking offence,

to send a copy of the infringement notice and a copy of any reminder notice to the Hirer as soon as is

practicable. The Hirer also authorises North Shore Car Rentals to provide such necessary information to

the relevant issuing enforcement authority for such notices to be directed to the Hirer.

51. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the

relevant issuing enforcement authority, and has a 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).

PRIVACY STATEMENT

North Shore Car Rentals has collected information from the Hirer for the purposes of assessing the Hirer’s

request to hire a motor vehicle and completing this Rental Service Agreement. The Hirer acknowledges

that North Shore Car Rentals will collect, hold and use the Hirer’s personal information for purposes related

to the hire of the Vehicle and the provision of related customer services, including direct marketing and

assessing customer satisfaction with products and services provided by North Shore Car Rentals. North

Shore Car Rentals may also disclose personal information to its related companies, agents, assigns,

associates and transferees for these purposes. The Hirer further acknowledges that such personal

information may be disclosed to debt collection agencies and/or the Hirer’s credit card provider in the event

that the Hirer defaults on the payment of any monies owing to , North Shore Car Rentals or other parties

involved in an accident with the Vehicle during the Hire Period, or any organisations responsible for issuing,

processing or handling traffic and/or parking related infringements, and the Hirer authorises the disclosure

of his or her personal information for such purposes. Under the Privacy Act 1993, individuals have rights of

access to and correction of their personal information.

NOTE TO HIRER

A COPY OF THIS AGREEMENT MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE

HIRE AND PRODUCED WITHOUT DELAY FOR INSPECTION ON DEMAND BY AN ENFORCEMENT

OFFICER.