1. Welcome
Thank you for choosing South Island Travel Limited for your vehicle rental requirements. We are very proud of our product and our reputation. We are keen on providing the best possible experience for our customers. Your safety and security are our greatest concerns, so to assist in your holiday being a wonderful experience, it is important for you to carefully read and understand the following information.
2. Agreement
This is an Agreement between You (‘You’ includes any additional renters identified in the Rental Vehicle Agreement Part A) on the one part and South Island Travel Limited on the other part, to rent the Vehicle identified in Rental Vehicle Agreement Part A including all its accessories, tools, tyres and equipment as well as any replacement vehicle. This Agreement (including any addendum or memorandum) shall be read and construed in its entirety and shall constitute the entire agreement between South Island Travel Limited and You and shall supersede all other provisions, terms, warranties or conditions contained in any other agreement, brochure, advertising material or representation. This Agreement shall be governed in accordance with the laws of New Zealand. Any actions, claims, demands or suits arising out of or in respect of this Agreement must be brought in the courts of New Zealand.
3. Refusal of Rental
South Island Travel Limited reserves the right to refuse any rental, or continuation of any rental, at its absolute discretion.
4. Vehicle Condition and Return
(a) You acknowledge the Vehicle was delivered to You by South Island Travel in good operating condition and with the seal of the odometer unbroken. You agree to return the Vehicle in the same condition (except for ordinary wear and tear) together with all tools, tyres, accessories and equipment to the location specified in Rental Vehicle Agreement Part A (‘the Nominated Location’) on the date there specified or sooner, if demanded by South Island Travel Limited.
(b) You acknowledge that the Vehicle is the sole property of South Island Travel Limited and that at the time of receipt of the Vehicle by You it was in good running condition and fit for the purpose for which it was required and You ascertained this on your own inspection of the Vehicle and not as a result of any statement or representation made by South Island Travel Limited, its employees or agents.
(c) You acknowledge that the only existing damage to the Vehicle at the commencement of this Agreement is that detailed in the Vehicle Condition Report. It is essential that all existing damage is noted in the Vehicle Condition Report. Any damage which has not been noted in the Vehicle Condition Report will constitute damage which has occurred subsequent to the commencement of this Agreement and You shall be charged for that damage.
(d) South Island Travel in its absolute discretion may take possession of the Vehicle without prior demand to You and at your expense, if there has been a breach of any term of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned. In such circumstances South Island Travel Limited, its employees or agents may enter on any property where the Vehicle is situated and you will indemnify South Island Travel Limited, its employees and agents from claims by any person resulting from such entry and retaking of the Vehicle.
(e) If the seal of the odometer is broken or otherwise tampered with, You will be responsible for not only an extra charge based on 500 kilometres per day at 50c per kilometre, but also for any costs of repairing or replacing the odometer. Additionally, the person/s responsible will be reported to the police.
(f) If you fail to return the Vehicle to the Nominated Location or return the Vehicle to a different location to the Nominated Location, You will be charged for all costs associated with transporting or towing the Vehicle to the Nominated Location unless otherwise agreed by South Island Travel Limited in writing.
(g) If You return the Vehicle to the Nominated Location and it is not open for business at the time You return the Vehicle, the Vehicle will be deemed to have been returned at the time when that Nominated Location next opens for business and the rental shall continue until that time, unless other arrangements have been agreed to in writing by South Island Travel Limited.
Note: South Island Travel Limited must be notified and it must agree to any extension of the rental period beyond that specified in the Rental Vehicle Agreement Part A prior to the return date for the Vehicle otherwise the Vehicle will be immediately reported to the police as stolen.
5. Unauthorised and Prohibited Use
Persons who must not drive the Vehicle:
(a) A person who is not identified in Rental Vehicle Agreement Part A.
(b) A person who is not licensed for that class of Vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle.
(d) A person who is driving the Vehicle whilst under the influence of a drug.
(e) A person who has given or for whom You have given a false name, age, address or driver’s licence details.
(f) A person whose driver’s licence has been cancelled endorsed or suspended within the last three years.
(g) A person who has held a full open driver’s licence for less than two years.
(h) A person under 21 years of age or a person over 75 years of age. (Over 75 years of age requires a current medical certificate, in English)
(i) A person who uses or intends to use the Vehicle for any illegal purpose.
Circumstances where the Vehicle must not be used:
(a) Any area outside the Area of Travel shown in the Rental Vehicle Agreement Part A.
(b) Any unsealed roads or off road conditions unless authorised by South Island Travel Limited in writing.
(c) Carrying persons for hire or to carry any inflammable, explosive or corrosive materials.
(d) Pushing or towing any Vehicle, trailer, boat or other object unless South Island Travel Limited has authorised such use in writing.
(e) Carrying any greater load and/or more persons and/or for a purpose for which the Vehicle is designed and constructed.
(f) Using the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
(g) Using the Vehicle in a dangerous manner.
(h) Using the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
(i) Carrying any animal in the Vehicle, unless authorised in writing by South Island Travel Limited.
(j) Smoking is not permitted in any of our vehicles and a cleaning fee of + $150 may apply.

6. Financial Obligations
Note: You and any additional renter are jointly and severally responsible for compliance with the terms of this Agreement. By entering into this Agreement You and any joint renter are responsible for and irrevocably authorise South Island Travel Limited  to debit the credit card/s provided (and You will pay South Island Travel Limited , on demand, any balance) with the following charges:
(a) The rental charges specified in Rental Vehicle Agreement Part A.
(b) All charges claimed from South Island Travel Limited in respect of parking and/or any other traffic violations incurred during the rental period or until such later time as the Vehicle is returned to South Island Travel Limited. An additional administration fee of $55.00 will apply (to cover the costs of processing).
(c) All loss of or damage to the Vehicle, (including the loss of use of that Vehicle - ‘demurrage’) legal expenses, assessment fees, towing and recovery costs, consequential third party damage, storage and South Island Travel Limited's  service charges where:
(i) any term of this Agreement has been breached;
(ii) You have left the Vehicle unlocked or left the keys in the Vehicle;
(iii) You have not kept the keys secure and under your personal control;
(iv) the Vehicle is totally or partially immersed in water regardless of cause;
(v) the interior of the Vehicle or it's contents are damaged regardless of cause except when there is a collision with another Vehicle;
(vi) the tyres of the Vehicle are damaged other than by normal wear and tear;
(vii) You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to South Island Travel Limited any defect in the Vehicle of which You become or ought to have become aware;
(viii) the Vehicle is damaged by loading or unloading, normal wear and tear excepted;
(ix) the under body of the Vehicle is damaged regardless of cause except where there is a collision with another Vehicle.
Note: If You have paid by use of a credit card, or directed South Island Travel Limited to bill the charges to some other person, corporation, firm or organisation who or which fails to make payment when due, You will immediately pay the full amount due to South Island Travel Limited on demand.
You irrevocably agree and authorise South Island Travel Limited to use the credit card provided for payment of any amount due under this Vehicle Rental Agreement even if a signed credit card voucher has been returned.

7. Cancellation Fees
If cancelled 30 days prior to pick up - (Deposit)
If cancelled 7 to 24 days prior to pick up -65% of Gross Rental (minimum $500)
If cancelled less than 7 days prior to pick up - 75% of Gross Rental
If cancelled on the day of pick up or no show - 100% of Gross Rental
There is no refund for late pick up or early return of vehicle.

8. Errors in Rental Charges
Total charges set out in this Agreement are not final. You agree to pay any shortfall in charges to South Island Travel Limited and South Island Travel Limited agrees to refund You for any overcharges acknowledged by South Island Travel Limited.

9. Exchange Rate/Currency Fluctuations
You acknowledge that all transactions under this Agreement are conducted in New Zealand Dollars. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against your credit card and the amount refunded at the expiration of the Rental Period. You irrevocably agree to release South Island Travel Limited from any liability for such variation. Depending on Your Financial Institution, refunds may take up to two weeks to be transferred into Your account.

10. Conditional Upon Payment
Where applicable, You agree that this Agreement is conditional upon South Island Travel Limited being paid by the Travel Agent or Travel Wholesaler who arranged this Agreement on your behalf. You agree that You will pay to South Island Travel Limited, upon demand, any shortfall based on the standard gross rental rate for the rental period.

11. Travel Restrictions
(a) Vehicles can only be driven on sealed/bitumen roads or an access road less than 5 kilometres long. No vehicle shall be driven on Skippers Road (Queenstown), Ninety Mile Beach (Northland), Ball Hut Road (Mt. Cook) and North of Colville Township (Coromandel Peninsula). If the Vehicle is driven on an unsealed road, the Damage Waiver Cover (as provided for in clause 23) is null and void which means that You will be responsible for all loss or damage. Further, You agree that South Island Travel Limited  is not responsible for any Vehicle faults or damage resulting from the Vehicle being driven on unsealed roads.
(b) If You travel to any area not permitted by South Island Travel Limited under this Agreement You not only do so at your own risk but You acknowledge that You have breached this Agreement. In the event of an accident or breakdown in an area not permitted by this Agreement You agree to pay all costs associated with the recovery of the Vehicle to South Island Travel Limited’s depot.
(c) If the Vehicle is taken into an area not permitted by this Agreement or comes into contact with salt water, You will be fined $2000 by South Island Travel Limited if this breach of the Agreement is discovered by South Island Travel Limited even if no damage has occurred to the Vehicle.
(d) The Vehicle must not be totally or partially submerged in water or come into contact with salt water. If this occurs You will not be entitled to Damage Waiver Cover and You waive all refundable monies and agree to pay for any and all damage and recovery costs in respect of the Vehicle.
(e) South Island Travel Limited reserves the right at its sole discretion to restrict vehicle movements in certain areas due to adverse road or weather conditions.

12. Every 500 kilometres
The oil and coolant levels must be checked by You every 500 kilometres. You must add water/coolant to the cooling system and multi grade oil to the engine if the level is down. You agree to maintain the Vehicle in these conditions and acknowledge that any mechanical damage occasioned as a result of your failure to maintain the Vehicle described by this clause will be paid by You.

13. Mechanical Breakdowns
Any mechanical problems associated with the Vehicle, including equipment failure, must be reported to South Island Travel Limited on our Phone Number 03 326 3030  as soon as possible in order to give South Island Travel Limited the opportunity to rectify the problem during the rental period. If South Island Travel Limited is either not contacted or You do not allow South Island Travel Limited the opportunity to rectify the problem during the rental period You agree that the problem is of such minor nature that You make no claim for loss of time in respect of the rental period. You also agree that South Island Travel Limited is not responsible for any claims made by You after the return of the Vehicle.

14. Repairs
The Vehicle is enrolled with the New Zealand Automobile Association (NZAA). Their service is free (unless caused by your own fault) and an emergency road service is available. Any repair up to $50 needs no authorisation from South Island Travel Limited and all that is necessary for full reimbursement to You from South Island Travel Limited is a proper receipt for the amount of the repairs. If the repair is more than $50 then You must notify South Island Travel Limited (Phone Number 03 3263030) and obtain South Island Travel Limited’s consent before the repairs are carried out. If the Vehicle cannot be driven as a result of a breakdown, South Island Travel Limited will only reimburse You for the time that the Vehicle was not available for use. Subject to availability, South Island Travel Limited will provide a replacement vehicle. However, any cost incurred in you travelling to South Island Travel Limited’s depot is your responsibility. The failure of accessories such as air-conditioners, microwaves, stove and grill, water pump, camping kit items, shower and toilet, refrigerators and radios/cassettes/CD are not considered a breakdown and no amount will be paid by South Island Travel Limited to You. South Island Travel Limited is not responsible for any accommodation charges, meals, change of itinerary or out of pocket expenses resulting from a breakdown of the Vehicle or as a result of any accident. Note: It can often be difficult to carry out possible repairs during weekends and holiday periods and/or in remote areas due to limited opening times and/or spare parts.

15. Tyres/Windscreens
Authorisation must be obtained before tyres or windscreens can be replaced. You are responsible for replacing damaged tyres (for example, but not limited to, blowouts, punctures, sidewall damage, tyre staking etc) unless caused by normal wear. Maintain pressures as per the Vehicle instruction manual. Only purchase new steel radial tyres of the same size and ply rating as is on the Vehicle. If You purchase tyres of a different size or ply South Island Travel Limited will give no refund. You are responsible for replacing damaged windscreens. The Liability of the respective Reduction Option will still apply.

16. Accidents In the event of an accident You must:
(1) Record the Time/Date/Location
(2) Record the other driver’s full name, address, car type, vehicle registration number
(3) The name of their insurance company
(4) Do not admit liability
(5) Notify the police unless damage is minor (i.e. less than $1,000) and no one is injured
(6) Within 24 hours of the accident notify South Island Travel Limited on our Phone Number 03 3263030 and fax accident report through on fax 03 3263030
(7) complete and sign the Accident Report Form (which form is provided at the start of hire) In the event of an accident, the towing and retrieval of the Vehicle to the South Island Travel Limited depot is at your expense up to the amount of your Liability unless the terms of this Agreement are breached in which event it will be your total responsibility. In the event of an accident there is no refund for monies paid for the unused portion of the rental period.

17. General Provisions
(a) Within 24 hours of an accident or loss involving the Vehicle You must notify South Island Travel Limited.
(b) Immediately upon receipt, You must provide South Island Travel Limited with every summons, complaint or paper in relation to any accident or loss involving the Vehicle. Compliance with this sub-paragraph does not excuse You from reporting any accident or loss of the Vehicle to police.
(c) You irrevocably release and hold harmless South Island Travel Limited, its employees and agents, from all claims for loss or damage to your personal property, or that of any other persons’ property left in the Vehicle, or which is received, handled or stored by South Island Travel Limited at any time before, during or after the rental period, whether due to the South Island Travel Limited negligence or otherwise.
(d) Except as provided by law, You or passengers in the Vehicle shall not be deemed to be the agent, servant or employee of South Island Travel Limited in any manner for any purpose whatsoever.
(e) South Island Travel Limited gives no express warranty in relation to the Vehicle. Certain conditions and warranties are implied by statute, which cannot be excluded, restricted or modified, such as those under the Fair Trading Act 1986, Sale of Goods Act 1908 and Consumer Guarantees Act 1993. Where South Island Travel Limited is permitted to limit its liability under those statutes for breach of any implied condition or warranty, South Island Travel Limited limits its liability to replacement, repair or re-supply of the Vehicle. All warranties, conditions and other obligations which may otherwise be implied are expressly excluded by this Agreement in their entirety. South Island Travel Limited is not liable to You or any other person for any indirect, special, incidental or consequential damages relating to this Agreement. In the event of no alternative vehicle being available to the renter our liability is limited to a refund of the hire charge or in the case of mechanical failure (unless caused by the renter) the remainder of the hire period.
(f) No right of South Island Travel Limited under this Agreement can be waived except by writing of an authorised officer of South Island Travel Limited.
(g) A goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty surcharge, levy or fee (‘charges’) may be imposed by local, state or federal government pursuant to this Agreement and collected by South Island Travel Limited. In that situation, South Island Travel Limited may in addition to the rental charge, recover from You an additional amount on account of the charges. Any additional amount on account of the charges shall be calculated without any deduction or set-off of any other amount and is payable to South Island Travel Limited upon demand.
(h) You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repairs.
(i) You acknowledge that South Island Travel Limited has not in any way represented itself to You as an entity carrying on the business of insurance. In the circumstances set out in Clauses 23 and 26, You will receive the benefit of South Island Travel Limited’s insurance cover with its insurer.

18. Illustration Disclaimer
South Island Travel Limited brochures and other advertising material contain only representations of our Vehicles. Pictures, illustrations and descriptions of the vehicles may be different to the actual Vehicle offered to You due to modifications and/or upgrades. South Island Travel Limited is not liable for any such variance.

19. Fuel
The Vehicle must be returned with the amount of fuel equal to that at the time of the commencement of the rental. If the Vehicle is returned with less fuel, the difference will be charged to You at a rate of $2.50 per litre, (which includes a service component).

20. Cleaning
The Vehicle must be returned in a reasonable state of cleanliness or You may be charged a cleaning fee up to $250. If applicable the toilet and waste water tank must both be returned empty or a $150 cleaning charge will be charged to You.

21. Returns
South Island Travel Limited’s depot hours are 0900am to 1600pm (local time) Monfay - Friday 1000 to 1400pm Weekends and Public Holidays. The Vehicle must be returned at the Nominated Time and at the Nominated Location. If you wish to change the Nominated Drop off Location or the Nominated Drop-off Date after the rental has commenced, You first must obtain permission from the South Island Travel Limited Head Office (Phone Number 033263030). Subject to the change of drop off location being approved, an additional charge of $700 will apply. If the Vehicle is returned at a different location without permission, the cost of transferring the Vehicle to the Nominated Location will be charged to you, plus a fee of $700. You will be responsible for the rental of the Vehicle until the Vehicle is recovered and transferred to the Nominated Location. You will also be responsible for any demurrage in respect of the Vehicle. If You return the Vehicle late without permission, You will be charged for the late return at a rate equivalent to double the daily standard gross rental charge, including Reduction Option charge. Late return grace period is 1 hour. Early return of the Vehicle does not entitle You to a refund.

22. Kilometre Allowance
The Kilometre Allowance Per Day and Charge Per Excess Kilometre Fee is indicated on the Rental Vehicle Agreement Part A.
The applicable Excess Kilometre Fee is payable by You to South Island Travel Limited on return of the vehicle.

23. Damage Waiver Cover
If You act within the terms of this Agreement South Island Travel Limited will grant a Damage Waiver Cover (including legal costs incurred with our consent) for your benefit in respect of damage to the Vehicle or third party damage other than any property owned by You (or any friend, relative, associate or passenger) or in your physical or legal control. This Damage Waiver Cover however is subject to:
(a) Your payment of the minimum damage or loss of use charge set out in the Rental Vehicle Agreement Part A.
(b) Your not having caused any other person to have acted in a manner which is in contravention of this Agreement.
(c) You not being covered under any policy of insurance. (d) You providing such information and assistance as may be requested and, if necessary, authorize South Island Travel Limited’s insurer to bring, defend or settle legal proceedings, but South Island Travel Limited shall have sole conduct of the proceedings.

24. Personal Injury
The Vehicle has third party insurance cover. It is likely that any other vehicle involved in the accident also has third party insurance cover. Personal Injury in New Zealand is covered by the Accident Compensation Commission. South Island Travel Limited strongly recommends that You take out your own Personal Injury Travel Insurance. If You are responsible for the accident the Vehicle’s third party insurance should cover You for your liability except where You have committed a breach of the Vehicle’s third party insurance e.g. drink driving.

25. Property Damage
The Vehicle is insured for damage to it or damage to the property of a third party. However You are responsible up to the amount of the applicable Liability for the cost of such damage to third party property, or to the rented Vehicle. You are also responsible for the cost of demurrage for the period the Vehicle is unavailable due to repairs. The Liability applies in respect of each claim, not per rental. The Liability is applicable regardless of who is at fault and must be paid at the time the accident is reported to South Island Travel Limited, not at the completion of the rental Period. The Liability will be refunded if South Island Travel Limited is successful in recovering the cost of the damage from the third party.

26. Liability

Basic Liability
South Island Travel Limited’s rental charge includes a Basic Liability of $5,000. A Bond of $5,000 will be collected from You at the time of entering into this Agreement. Payment of this Bond is only accepted by credit card. The $5,000 will be debited to your account immediately upon You entering into this Agreement.

The Basic Liability can be reduced if You purchase one of the following Reduction Options:
Reduction Option 1 Standard Insurance
A Liability of $2,500 applies. You can purchase this Option by paying to South Island Travel Limited $20 per day. The maximum amount payable by You for this Option is $1,000. With this Option a Bond of $2,500 will be held in the form of an imprint of your credit card.
Reduction Option 2 Premium Insurance
A Liability of $250 applies. You can purchase this Option by paying to South Island Travel Limited $35 per day. The maximum amount payable by You for this Option is $1,750. With this Option a Bond of $250 will be held in the form of an imprint of your credit card.

27. Bond
With Reduction Option 1 and Reduction Option 2 a Bond is payable by You to South Island Travel Limited by cash, NZ$ only traveller’s cheques or by an open signed credit card (Visa or MasterCard.) imprint with an authorisation obtained for the amount of the Bond. Personal or company cheques are not accepted.The Bond is fully refundable when the Vehicle is returned to the Nominated Location on time, is full of fuel and all other terms of the Agreement have been complied with by You. If there is damage to the Vehicle on its return, the Bond will be used to cover the cost of such damage up to the amount of your relevant Liability. However if you breach any term of this agreement and the Bond is insufficient to cover the damage You will be charged for any extra cost and You shall pay that cost to South Island Travel Ltd upon demand. Note: If the Bond is given in cash or NZ$ only travellers cheques then your passport must be presented on pick up and the refund will be by South Island Travel Limited ’s  cheque sent to your residential address.

28. Your Full Responsibility   At all times you will be responsible for:

• Damage caused to the Vehicle in any way by part or total water submersion or salt water.
• Damage caused to the Vehicle in circumstances where terms of this Agreement have been breached.
• Damage caused to the Vehicle by your wilful conduct e.g. sitting or standing on the bonnet or roof of the Vehicle.
• Damage caused whilst the Vehicle is being transported over water.
• Damage caused to the undercarriage of the vehicle.
• Damage caused to or loss of any personal belongings.
• Damage caused by snow chains.
• The recovery cost of the Vehicle if it is bogged.
• Any costs associated with the replacement of lost keys or the cost of retrieving the Vehicle’s keys if they have been locked inside the Vehicle.
• Any costs associated with using the wrong fuel type or using contaminated fuel.
• Any costs associated with water being put in the fuel tank.
• Any costs associated with fuel being put in the water tank.
• Any costs associated with the Vehicle running out of fuel.
• Any costs associated with losing the fuel, oil or water caps.

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