OWNER TERMS AND CONDITIONS
1.Application
1.1You Share Limited trading as MyCarYourRental (MyCarYourRental, we, us or our) operates a website that introduces members of the public who wish to hire vehicles (Hirer) to owners of vehicles who wish to rent them (Owner or you).
1.2These terms and conditions (Terms) apply if you wish to rent your vehicle (Vehicle) to a Hirer on our website.
2.Registration
2.1You must register on our website by providing the required details for you and your Vehicle if you wish to rent your Vehicle.
2.2You warrant on a continuing basis that:
a.You are legally entitled to rent your Vehicle on our website; and
b.Your Vehicle is licensed and has a current Certificate of Fitness. You must have obtained the Certificate of Fitness before you first rent your Vehicle to a Hirer.
2.3If at any time your Vehicle fails to meet the requirements in clause 2.2 you must remove the profile for that Vehicle from our website, cancel any existing bookings and not accept any further booking requests for that Vehicle.
2.4You must ensure that all information we hold about you and your Vehicle is accurate and up-to-date and notify us of any changes to that information on our website.
2.5You acknowledge that we may use the information you provide to undertake identity verification checks, vehicle detail checks and credit checks.
3.Booking Procedure
3.1We will notify you if we receive a booking request for your Vehicle. You must then advise us whether you accept or decline the booking request.
3.2Once you have accepted a booking request you may not cancel the booking. Should you request to cancel an accepted booking, then we may charge you a fee of 50% of the value of the booking, minimum $200.
3.3If you wish to make changes to a booking you must submit a variation request on our website prior to the commencement of the rental period. We will submit that variation request to the Hirer and notify you whether the Hirer has accepted or declined that variation request.
3.4We will notify you if the Hirer submits:
a.A variation request wishing to make any changes to his or her booking prior to
b.A new booking request seeking to extend the rental period after it has commenced. You must then advise us whether you accept or decline the extension sought by the Hirer.
3.5Neither you nor the Hirer may make any changes to the booking directly with the other. All changes must be requested through our website.
4.Fees and Payment
4.1The rental fee payable by the Hirer for renting your Vehicle will comprise:
a.The fee determined by you (Owner's Fee). You may change the Owner's Fee at any time except for any booking requests that are pending or which you have accepted; and
b.Our administration fee for providing our services as specified on the pricing tab when you list your Vehicle on our website.
4.2We retain the total rental fee paid by the Hirer until the rental period has finished. At the end of the rental period, we will pay the Owner's Fee to you no later than 30 days after the vehicle has been confirmed returned. We will retain the administration fee referred to in clause b.
5.Vehicle Collection and Return
5.1At the commencement of the rental period, you must deliver the Vehicle to the location agreed with the Hirer at the agreed pick-up time.
5.2If the Hirer does not appear at the agreed pick-up location within 30 minutes after the agreed pick-up time, you must notify us. We will attempt to contact the Hirer to determine whether their failure to appear is due to some reasonable excuse (e.g. flight delay) and if so endeavour to negotiate an alternative pick-up time. If the Hirer is late due to some reasonable excuse you will agree to an alternative pick-up time where it is reasonably within your power to do so.
5.3If, due to some reasonable excuse, you believe that it will not be possible for you to deliver the Vehicle to the agreed pick-up location at the agreed pick-up time, you must notify us as soon as you realise you may be late. We will attempt to contact the Hirer and endeavour to negotiate an alternative pick-up time. If you do not contact us within 30 minutes after the originally agreed pick-up time or if it is not possible to arrange an alternative pick-up time with the Hirer, we may invoice you for the additional cost to find the Hirer an alternative rental vehicle (after deducting the Owner's Fee) plus our administration fee of $200 plus GST for making those arrangements. You must pay our invoice within five working days after the date of the invoice. If we do not arrange an alternative vehicle for the Hirer we will refund the total rental fee to the Hirer. You acknowledge that we will have no obligation to pay you the Owner's Fee in either of these circumstances.
5.4Before providing the Vehicle to the Hirer you must:
a.Record in the rental book provided by us to you (Rental Book):
i.Any pre-existing damage to the Vehicle on the pre-rental inspection sheet; and
ii.The level of fuel in the Vehicle's tank.
b.Ensure the Hirer signs the Rental Book containing those details. Within two working days after the start of the rental period, you must upload a copy of those signed pages to our website together with any photos of pre-existing damage to the Vehicle.
c.Ensure the Hirer shows you his or her current valid driver licence entitling him or her to drive the Vehicle in New Zealand. We will not be liable to you for any damage to the Vehicle if the Hirer does not hold such a licence.
d.Advise the Hirer of any special requirements he or she needs to be aware of to operate the Vehicle.
5.5At the end of the rental period, you must collect the Vehicle from the location agreed with the Hirer.
5.6On return of the Vehicle you and the Hirer must complete and sign the post-rental inspection sheet in the Rental Book. You must then upload a copy of the signed post-rental inspection sheet within two working days after the end of the rental period. If the vehicle is delayed upon return, this must be noted on the rental sheet. Any extra payments (ie. CoF charges etc.) must be collected at the time of return from the renter. We do not guarantee payments on behalf of the renter but will endeavour to recover any amount agreed to between you and the renter.
5.7Renter is entitled to be delayed up to 60 minutes (1 hour) with you as an owner getting compensation. If the renter is delayed more than one hour, the agreed amount for any delay if different from your daily listed price, must be stated on the rental sheet.
6.Your Obligations
6.1At the start of the rental period, you must ensure that:
a.The requirements in clause 2.2 are met and will continue to be met during the rental period;
b.Your Vehicle is roadworthy, safe to drive and clean;
c.A roadworthy spare tyre and car jack are within your Vehicle;
d.Your Vehicle has satisfactory levels of engine oil, brake fluid, coolant, power steering fluid, transmission fluid, windscreen washer fluid for the rental period;
e.You have not left any of your or any other person's belongings in your Vehicle.
7.Mechanical Breakdown and Roadside Assistance
7.1Roadside assistance must be provided by the owner of the vehicle and specified with up to date information at any time under the listing.
7.2 If roadside assistance is not specified for the vehicle listed, MyCarYourRental will provide roadside for the vehicle at the cost of the owner according to our fees or invoice.
7.3 If roadside assistance is supplied by you, as an owner, for the listed vehicle, but assistance can't be requested for whatever reason, the full cost of roadside assistance will be invoiced to you.
7.4 If Roadside Assistance or a third party mechanic identify that repairs to your Vehicle are required due to the Hirer's failure to operate the Vehicle correctly you will not be required to pay for those repairs. We will invoice the Hirer directly to recover the cost of the repairs unless the repairs are covered by our insurance. Once we have recovered the payment from the renter we will forward this to you within 7 days.
7.5If the repairs to the Vehicle are not required due to the Hirer's failure to operate the Vehicle correctly, the following provisions will apply:
a.We will endeavour to contact you to obtain your approval for any repairs needed to the Vehicle. However, if we are unable to contact you, you authorise us to arrange for a third party mechanic to undertake the repairs if the cost of those repairs is estimated at less than $250.
b.If we are charged for repairs to your vehicle, we will invoice you for the cost of those repairs. You must pay our invoice within five working days after the date of the invoice. You acknowledge that we may deduct the costs of those repairs in full or in part from the Owner's Fee.
c.If the Vehicle cannot be repaired within a reasonable period or the Hirer is unable to wait until the repairs are completed, we may arrange an alternative rental vehicle for the Hirer to use for the rest of the rental period.
d.If we arrange an alternative rental vehicle for the Hirer, we will:
i.Pay you the Owner's Fee on a pro-rata basis for that portion of the rental period before the Vehicle broke down; and
ii.Retain the remaining portion of the Owner's Fee to set-off against the costs of obtaining the alternative rental vehicle for the Hirer.
e.If we do not arrange an alternative rental vehicle for the Hirer, we will:
i.Pay you the Owner's Fee on a pro-rata basis for that portion of the rental period before the Vehicle broke down; and
ii.Refund the Hirer the total rental fee on a pro-rata basis for that portion of the rental period after the Vehicle broke down.
8.Insurance
8.1You acknowledge that we will
8.2Damages, losses, or costs may not be covered by our insurance if you are in breach of these Terms.
8.3We will provide you with a copy of the policy wording for our insurance if you request it. The request must be made to insurance@mycaryourrental.com and include your full name, address and phone number and the registration number of the vehicle listed at MyCarYourRental This information will be shared with our insurance company and/or insurance broker.
8.4Some private vehicle insurance policies provide that the owner of a vehicle must not hire his or her vehicle to others. You are responsible for checking the policy wording for your own private vehicle insurance. We will not be liable if your private vehicle insurance is cancelled or any claim you make is denied as a result of you hiring your Vehicle to a Hirer.
9.Theft and Damage to the Vehicle
9.1I f your Vehicle is stolen or damaged during the rental period you must notify us via our website as soon as you become aware of the theft or damage and in any event no later than two working days after the end of the rental period. Your claim may be denied if you do not notify us that your vehicle has been stolen or damaged within that timeframe. You must also notify the Police of the theft or damage and obtain a police report as this may be required as part of your claim. You must provide us with details of the damage (including photographs where possible).
9.2 If the vehicle is involved in an accident during the rental period you acknowledge that we may engage a third party provider to manage the claim process.
9.3 If our insurer accepts your claim, the settlement process outlined in the insurance policy will apply. We will provide you with a copy of the policy wording for our insurance if you request it.
9.4 If your vehicle is written off by the insurance company and you are able to purchase the vehicle at an agreed value, you agree to transfer these rights to us. In this case, we will pay you directly for the value of the vehicle and the insurance company will pay you less this value.
9.5 If the vehicle is deemed unrepairable by the insurance company, the valuation will be made pre-rental. In this case, as you will be paid the pre-rental market value of the vehicle, no rental payment will be made for the booking where the damage occurred.
9.6 You must provide us and our insurer with access to your Vehicle to investigate your claim and make any repairs.
9.7 Theft under rental (non return by renter). Non return of the vehicle is considered theft under rental and must be reported to the Police and MyCarYourRental must be notified immediately. Theft under rental is ONLY covered by the insurance policy if a MyCarYourRental approved GPS tracker is installed in the vehicle before the rental starts. Please enquire if you have any questions regarding GPS tracking and/or theft under rental before commercing a rental request.
10.Infringement Notices
10.1If you receive an infringement notice (such as for a speeding ticket or parking fine), and the offence occurred during the rental period, you must lodge a claim with us for payment of the infringement fee. The claim must be made within two working days after you receive the infringement notice.
10.2We will assess your claim and notify you whether we accept or reject your claim (acting reasonably).
10.3If we accept your claim we will make payment directly to the appropriate agency on your behalf after the Hirer pays us the infringement fee.
11.Our Liability
11.1We provide a service to introduce people who wish to rent their Vehicles and people who wish to hire them. We do not provide car rental services ourselves. If you accept a Hirer's booking request, a rental agreement will be formed between you and the Hirer directly.
11.2We are not responsible for the accuracy of information about a Hirer listed on our website or provided directly by the Hirer to you. We give no undertakings, representations or warranties in relation to the suitably of Hirers or the information provided by them. You must make your own assessment about those matters.
11.3We simply pass on payments made by the Hirer to you or our insurer (as the case may be). We are not your agent. If there is a payment dispute regarding a Hirer's rental of your Vehicle you must deal directly with the Hirer.
11.4We will honour any obligations we may have to you under the Consumer Guarantees Act 1993 (CGA). You acknowledge that the CGA will not apply if you are using our services for business purposes.
11.5To the extent we do not have obligations to you under the CGA and otherwise to the fullest extent permitted by law you agree that we will not be liable to you for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of our website or the services provided by us.
12.Dispute Resolution
12.1If either we or you consider there is a dispute in connection with these Terms, we must attempt to resolve it in good faith between ourselves. If we cannot resolve the dispute informally then we will use mediation prior to commencing legal proceedings.
12.2This dispute resolution process will not apply if a party is seeking urgent declaratory relief from any court.
12.3You acknowledge that as we are not a party to the rental agreement between you and the Hirer, you will not involve or seek to involve us in any dispute that may arise between you and the Hirer as a result of the services we provide on our website.
13.Miscellaneous
13.1We may vary these Terms from time to time. We will provide notice of the change by uploading the updated Terms on our website and we will also email you a copy of the updated Terms (if you have provided us with your email address). After providing that notice you will be deemed to have accepted those updated Terms if you continue to use our website or the services provided by us.
13.2If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.
13.3The law of New Zealand applies to these Terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.
