AGREEMENT TO HIRE RENTAL VEHICLE
An agreement made between the owner and the hirer whose particulars are entered in this
agreement. It is hereby agreed the following:
1. The owner will let and the hirer will take on the motor vehicle described in this agreement.
DURATION OF HIRE
2. The term of hire shall be for the period described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons described in this
agreement and only of each person holds a current driver's licence (particulars of which are given
alongside his name and address) appropriate for the vehicle at the time when they are driving the
PAYMENTS BY HIRER
4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire
referred to in clause 2 of this agreement the sum as specified in this agreement.
5. In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the
owner the sum specified in this agreement for the insurance cover set out in clause 10 of this
6. In addition to the payment in clause 4 of this agreement the hirer shall pay to the owner on
termination on the hiring a distance charge at the rate referred to in this agreement.
7. The hirer shall pay for all petrol of other fuel (but not oil) used in the vehicle during the period of
8. The hirer shall ensure that:
(a) The water in the radiator and battery of the vehicle is maintained at the proper level; (b) The
oil in the vehicle is maintained at the proper level;
(c) The tires are maintained at their proper pressure.
9. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and
that it is left securely locked when not in use.
10. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle
is fully indemnified in respect of any liability he might have to the owner in respect to the loss of or
damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or
other expenses of the owner including towing and salvage costs associated with the recovery of the
vehicle and it's accessories and spare parts. Subject to the exclusions set out below, the hirer and
any driver authorized to drive the vehicle are indemnified to the extent of $2m in respect of any
liability he might have for damage to any property (including injury to any animal) belonging to any
other person and arising out or the use of the vehicle. Insurance excess over 21 year's but under 25years of age $2500.00. Over 25 year's $1500.00. All sports cars, luxury cars, executive cars, limousine and seven seaters $2500.00.
The indemnities referred to above shall not apply where the damage, injury of loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to
drive the vehicle;
(b) The vehicle is in an unsafe of unroadworthy condition that arose during the course of the hire
and that caused or contributed to the damage of loss, and the hirer of driver was aware of or ought
to have been aware of the unsafe of unroadworthy condition of the vehicle;
(c) The vehicle is operated in any race, speed test, rally or contest;
(d) The hirer is not a body corporate of department of State and the vehicle so driven by any
person not named in clause 3 of the agreement;
(e) The vehicle is driven by any person who at the time when he drives the vehicle is disqualified
from holding or has never held a driver's license appropriate for that vehicle;
(f) The vehicle is willfully or recklessly damaged by the hirer or any other person named in clause 3
of the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of
willful or reckless behavior of the hirer or any such person;
(g) The vehicle is operated on any of the following roads: SKIPPERS CANYON, HIRA FOREST,
GOLDEN DOWNS FOREST, MT HUTT, RAINBOW SKIFIELD, MT ARTHUR FORESTRY ROADS.
(h) The vehicle is operated outside the terms of the hire or any agreed extension of that term It is
agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall
apply with respect to the above exclusions as if this clause constituted a contract of insurance. The
hirer acknowledges that he is aware of the above exclusions
11. The hirer acknowledges that he shall be liable in respect of the first $1500.00 / $2000.00 of
damage of loss referred to in the insurance cover specified in this clause. This does not apply to
damage of loss resulting from fire or from the theft of conversion or attempted theft or conversion
of the vehicle. The hirer is liable for glass repairs i.e. to windscreen, windows and headlights etc.
The hirer is liable for all parking fines and speed camera infringements.
12. The owner shall supply the vehicle in a safe and road worthy condition.
13. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle
during the terms of the hire except to the extent that by the terms of this agreement those costs
are payable by the hirer. NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other
fuel, but not oil, used during the term of the hire is the responsibility of the hirer. MECHANICAL
REPAIRS AND ACCIDENTS
14. If the vehicle is damaged or requires repair or salvage because of an accident of breakdown,
the hirer shall advise the owner of the full circumstances by telephone or telegram as soon as
15. The hirer shall not arrange or undertake any repairs or salvage without the authority of the
owner except to the extent that the repairs or salvage are necessary to prevent further damage to
the vehicle or to other property.
16. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer
or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of
USE OF THE VEHICLE
17. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire
or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service
licensed under Part VII of the transport act 1962 or exempted from licensing under that Act.
18. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated outside his authority;
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by
the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to
drive with excess breath or blood alcohol or under the influence of drink or drug);
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
(e) Operate the vehicle, or permit it to be operated in breach of the Transport Act 1962, the Traffic
Regulations 1976 or any other Act, regulation of bylaws to road traffic;
(f) Operate the vehicle, or permit it to be driven by any person who at the time of his driving the
vehicle, the hirer or other person is not the holder of a current driver's license appropriate for the
RETURN OF THE VEHICLE
19. The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the owner's place
of business or the owner's agent at the agent's place of business, or obtain the owner's consent to
the continuation of hire.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
20. The owner shall have the right to terminate the hiring and take immediate possession of the
vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is
damaged. The termination of the hiring under the authority of this clause shall be without prejudice
to the other rights of the owner and the rights of the hirer under this agreement of otherwise
21. The hirer gives authority to the owner to debit their credit card in accordance with this
agreement herein in the event of the client not paying for the hire of the vehicle of as per this
agreement damage to the vehicle while it has been in the hirer's possession.