HIRER TERMS AND CONDITIONS
1. Application
1.1 You 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 or you) to owners of vehicles who wish to rent them (Owner).
1.2 These terms and conditions (Terms) apply if you make a booking to hire a vehicle (Vehicle) from an Owner on our website.
2.1 You must register on our website by providing the required details if you wish to hire a Vehicle. You must also upload a legible copy of your driver
2.2 You must be at least 18 years of age with a full
2.3 Each time you submit a booking request you warrant that you hold a current valid driver
2.4 You must ensure that all other information we hold about you is accurate and up-to-date and notify us of any changes to that information on our website.
2.5 You acknowledge that we may use the information you provide to undertake identity verification checks, driver history checks, driver
3. Booking Procedure
3.1 If you wish to make a booking request for a Vehicle you must do so on our website.
3.2 When you make a booking request we will verify the validity of your credit card. To do this one dollar may be reserved on your credit card and will be released after a short time.
3.3 We will submit your booking request to the Owner after we receive it. We will notify you whether the Owner has accepted or declined your booking request.
3.4 If you cancel a booking you will not be entitled to any refund.
3.5 If you wish to:
a. Make changes to your 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 Owner and notify you whether the Owner has accepted or declined that variation request; or
b. Extend the rental period after it has commenced, you must submit a new booking request on our website for a new booking commencing at the same time as the existing rental period ends. The process in clause 3.3 will then apply.
3.6 We will notify you if the Owner submits a variation request wishing to make any changes to your booking prior to the commencement of the rental period. You must then advise us whether you accept or decline the variation request.
3.7 Neither you nor the Owner may make any changes to the booking directly with the other. All changes must be requested through our website.
3.8 Non-return and non-extension of a booking voids the insurance on the rented vehicle for the entire period of rental The renter will be liable for all costs associated when the vehicle is not returned by the end of the rental period., This includes, but is not limited to, damages, rent for the period and any other liabilities that may occur.
4. Fees and Payment
4.1 The total rental fee for the Vehicle is the fee specified on our website during the booking request process. It will also be recorded in the booking confirmation we will email to you if the Owner accepts your booking request.
4.2 You
4.3 We will retain the total rental fee until the rental period has finished. At the end of the rental
4.4 You agree to pay any additional fees incurred in connection with the hire of the Vehicle plus any administration fees charged by us on top of the additional fees.
4.5 Additional fees may include:
b. Late fee if a Vehicle is returned after the end of the rental period, calculated based on the rental fee for the Vehicle;
c. Any costs incurred under clause 7.3;
d. The insurance excess if the Vehicle is damaged while in your possession. The insurance excess for the Vehicle will be specified on our website during the booking request process. It may also be recorded in the booking confirmation we will email you if the Owner accepts your booking request.
e. The excess stated upon booking the vehicle applies to all damaged if the driver is about 25 years of age. For drivers under the age of 25 years of age at the time of booking, the excess is double. Ie. : Excess for drives is indicated to be $750, then this applied to drivers above 25 years of age, drivers below the age of 25 will have an excess of $ 1500.- pr. damage.
4.6 In case of any damage to the rented vehicle, or to a third party, we may charge the full excess amount immediately. Once a claim has been processed by the respective parties (us, our insurance company and third-party insurance company) any overcharged amount will be refunded. Any refund will be issued within 30 days after a claim is fully settled.
4.7 We will invoice you for the additional fee(s) (plus administration fee(s) (if any)) and you must make payment as specified on the invoice. If you fail to make payment within that timeframe, you
5. Vehicle Collection and Return
5.1 At the commencement of the rental period you must collect the Vehicle from the location agreed with the Owner at the agreed pick-up time. You must show the Owner your current valid driver
5.2 If, due to some reasonable excuse (e.g. flight delay), you believe that it will not be possible for you to collect the Vehicle from the agreed pick-up location at the agreed pick-up time, you must notify us as soon you
5.3 If the Owner 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 Owner to determine whether their failure to appear is due to some reasonable excuse and if so
5.4 When collecting the Vehicle you and the Owner must record in the rental book provided by us to the Owner (Rental Book):
a. Any pre-existing damage to the Vehicle on the pre-rental inspection sheet; and
b. The level of fuel in the Vehicle's tank.
5.5 You must ensure that you understand how to operate the Vehicle before driving the Vehicle from the pick-up location. If you are from a country which uses left-hand drive vehicles, the Owner may require you to attach labels to the Vehicle indicating that you are a visitor to New Zealand.
5.6 At the end of the rental period you must return the Vehicle, with the same level of fuel that was in the tank on
5.7 We will charge you the late fee specified in clause b if you return the Vehicle after the end of the rental period. There will be no reduction in the total rental fee if you return the Vehicle before the end of the rental period.
5.8 On
6. Your Obligations
6.1 You must not:
a. Allow anyone other than you to drive the
b. Sublet or hire the vehicle to any other person;
c. Drive the Vehicle under the influence of alcohol or drugs;
d. Smoke or allow any other person to smoke in the
e. Interfere with the Vehicle in any way;
f. Transport any animal in the Vehicle, unless previously agreed in writing by us;
g. Use the Vehicle in connection with:
i. Racing,
ii. Any film, TV or recorded stunt work;
iii. Any experiment;
iv. Transportation of dangerous goods;
v. Transportation of goods or passengers for reward.
h. Drive the Vehicle:
i. Outside New Zealand or outside any geographical boundaries set by the Owner;
ii.
iii. Contrary to any legislation governing the use of the Vehicle;
iv. In an unsafe or damaged condition;
v. At a speed which could result in an instant mandatory suspension of
6.2 You must:
a. Operate the Vehicle with all reasonable care and ensure it is locked when not in use;
b. Comply with and ensure all passengers comply with all applicable laws relating to the use of the Vehicle;
c. Ensure that the water in the Vehicle's radiator and the oil in the Vehicle are maintained at the proper level;
7. Mechanical Breakdown
7.1 Roadside assistance is included in the total rental fee and provided by a third-party provider. or the owner. Contact information for the roadside assistance can be requested from the owner. Roadside assistance is covered according to the type of cover selected prior to renting the vehicle. This selection can't be changed after the rental period has started. Should you be required to pay a call out fee, then this will be reimbursed according to the selected type of cover. Any technical issues with the rented vehicle must be informed to the owner and us right away on roadside@mycaryourrental.com.
7.2 Subject to clause 7.3, if the Vehicle cannot be repaired within a reasonable period or you are unable to wait until the repairs are completed, we may (but are under no obligation to) arrange alternative transport to your next destination and/or arrange an alternative rental vehicle for you to use for the rest of the rental period for no additional cost. If we do not arrange an alternative rental vehicle for you, we will refund you the total rental fee on a pro-rata basis for that portion of the rental period after the Vehicle broke down.
7.3 If Roadside Assistance or a third party mechanic identify that the repairs to the Vehicle are required due to your failure to operate the Vehicle correctly:
a. We may recover the cost of those repairs from you; and
b. We may elect not to provide assistance to you under clause 7.2. However, if you seek our assistance and we agree, you must pay us all costs incurred in providing you with that assistance; and
c. You will not be entitled to any refund of the rental fee.
8. Accidents, Theft
8.1You must notify us as soon as you become aware of any damage to the Vehicle.
8.2 If the Vehicle is stolen during the rental period you must notify us and the Police immediately. You must obtain a police report and provide that to us.
8.3 If the Vehicle is involved in an accident during the rental period:
a. You must notify us and the Police immediately. You must obtain a police report and provide that to us;
b. We may engage Crash Management Services Limited to manage the claim process. You must co-operate with us and Crash Management Services Limited;
c. You must record the
d. You must not admit any liability;
e. You must not arrange for any repairs to be carried out to the Vehicle.
9.1 You are liable for:
a. Any loss of, or damage to, the Vehicle or the property of any third party arising from the use of the Vehicle during the rental period; and
b. Any consequential damage, loss or costs incurred by us or the Owner, including salvage costs, our loss of income and any payments we must make to the Owner.
9.2 You indemnify us against any loss, damage, cost or expense suffered or incurred by us as a result of your breach of these Terms.
10. Insurance
10.1 You agree that we will
10.2 Damages, losses, or costs will not be covered by our insurance if:
a. You are in breach of these Terms; or
b. Your conduct has otherwise caused our insurance to fail to respond to cover the damages, losses, or costs; or
c. The damages, losses, or costs are excluded under the insurance policy;
10.3 We will provide you with a copy of the policy wording for our insurance if you request it.
11. Our Liability
11.1 We 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 the Owner accepts your booking request, a rental agreement will be formed between you and the Owner directly.
11.2 We are not responsible for the accuracy of information about a Vehicle and its Owner listed on our website or provided directly by the Owner to you. We give no undertakings, representations or warranties in relation to the Vehicles listed on our website, any attributes of Owners or the information provided by them. You must make your own assessment about those matters.
11. 3 We simply pass on payments made by you to the Owner or our insurer (as the case may be). We do not act as the Owner's agent. If there is a payment dispute regarding your hire of the Vehicle you must deal directly with the Owner.
11.4 We will
11.5 To 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.Termination
12.1 We may terminate the hire of the Vehicle and take immediate possession of the Vehicle if you breach these Terms or the Vehicle is damaged during the rental period.
13.Dispute Resolution
13.1 If 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.
13.2 This dispute resolution process will not apply if a party is seeking urgent declaratory relief from any court.
13.3 You acknowledge that as we are not a party to the rental agreement between you and the Owner, you will not involve or seek to involve us in any dispute that may arise between you and the Owner as a result of the services we provide on our website.
14.Miscellaneous
14.1 We 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.
14.2 If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.
14.3 The 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.
Schedule of fees:
The following fees will be added, please note, other fees than specified here might apply. If your fee is not represented, please enquire before booking:
Cancellation fee: As per booking, 100% if no cancellation insurance is purchased, refund as per booking if insurance is purchased.
Late return fee: Minimum 1 days rental plus an admin fee of $50 per day until return. Avoid this by extending before your booking expires.
Nonpayment of toll fee within 3 days of passing a toll road: $15 per toll fee (plus fee is paid by owner/MyCarYourRental, else fee will be transferred to your name and MCYR admin fee charged)
Nonpayment of parking notice. You are obligated to check for any outstanding tickets before the return fo the rented vehicle. Admin fee for payment or transfer of the parking notice, $20 plus notice
Nonpayment of any other infringement notices: You are obligated to check for any outstanding tickets before the return fo the rented vehicle. Admin fee for payment or transfer of the parking notice, $20 plus notice.
Refueling fee: Fuel plus 20% - minimum charge is $20 plus filled fuel. Always fill your rented vehicle as when you collected it!
Cleaning fee,: Owners demand plus 20%, minimum $20 admin fee.
Any of the above amounts will be settled through your MyCarYourRental account at the time of notice. If payment through your card fails an invoice will be issued. An invoice fee of $25 applies. The invoice can be paid by bank transfer to a nominated New Zealand bank account or by credit card where convenience fee applies.
Should an invoice not be paid by the due date, collection cost might be applied as per collection agency cost, the same if MyCarYourRental hands in any outstanding amount the court. Interest on any unpaid amount is charged at 2% per month.
