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Terms and Conditions – Smart Car Rentals

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Terms and Conditions – Smart Car Rentals Skip to content Menu OurSquadronLocations Deals Insurance Auckland GuideWell-nighContact Book Now Smart Cars For The Smart DiscerningSuburbanitePick-up Location Select Pickup Auckland Airport AucklandMunicipalityChristchurch Airport Queenstown Airport Rotorua Airport Taupo Airport Tauranga Airport Return Location Same as Pickup Auckland Airport AucklandMunicipalityChristchurch Airport Queenstown Airport Rotorua Airport Taupo Airport Tauranga Airport Returning to the same location Pick-up stage 12:00 am12:15 am12:30 am12:45 am1:00 am1:15 am1:30 am1:45 am2:00 am2:15 am2:30 am2:45 am3:00 am3:15 am3:30 am3:45 am4:00 am4:15 am4:30 am4:45 am5:00 am5:15 am5:30 am5:45 am6:00 am6:15 am6:30 am6:45 am7:00 am7:15 am7:30 am7:45 am8:00 am8:15 am8:30 am8:45 am9:00 am9:15 am9:30 am9:45 am10:00 am10:15 am10:30 am10:45 am11:00 am11:15 am11:30 am11:45 am12:00 pm12:15 pm12:30 pm12:45 pm1:00 pm1:15 pm1:30 pm1:45 pm2:00 pm2:15 pm2:30 pm2:45 pm3:00 pm3:15 pm3:30 pm3:45 pm4:00 pm4:15 pm4:30 pm4:45 pm5:00 pm5:15 pm5:30 pm5:45 pm6:00 pm6:15 pm6:30 pm6:45 pm7:00 pm7:15 pm7:30 pm7:45 pm8:00 pm8:15 pm8:30 pm8:45 pm9:00 pm9:15 pm9:30 pm9:45 pm10:00 pm10:15 pm10:30 pm10:45 pm11:00 pm11:15 pm11:30 pm11:45 pm Return stage 12:00 am12:15 am12:30 am12:45 am1:00 am1:15 am1:30 am1:45 am2:00 am2:15 am2:30 am2:45 am3:00 am3:15 am3:30 am3:45 am4:00 am4:15 am4:30 am4:45 am5:00 am5:15 am5:30 am5:45 am6:00 am6:15 am6:30 am6:45 am7:00 am7:15 am7:30 am7:45 am8:00 am8:15 am8:30 am8:45 am9:00 am9:15 am9:30 am9:45 am10:00 am10:15 am10:30 am10:45 am11:00 am11:15 am11:30 am11:45 am12:00 pm12:15 pm12:30 pm12:45 pm1:00 pm1:15 pm1:30 pm1:45 pm2:00 pm2:15 pm2:30 pm2:45 pm3:00 pm3:15 pm3:30 pm3:45 pm4:00 pm4:15 pm4:30 pm4:45 pm5:00 pm5:15 pm5:30 pm5:45 pm6:00 pm6:15 pm6:30 pm6:45 pm7:00 pm7:15 pm7:30 pm7:45 pm8:00 pm8:15 pm8:30 pm8:45 pm9:00 pm9:15 pm9:30 pm9:45 pm10:00 pm10:15 pm10:30 pm10:45 pm11:00 pm11:15 pm11:30 pm11:45 pm Driver's Age 25+ PROMO CODE CHOOSE YOUR CAR Make a booking Terms and ConditionsAll the prices and deals/offers on the Smart Car Rental website are subject to online bookings. Any bookings made other than online (via website) through phone, email etc. the online price and offers will not be applicable. CANCELLATION POLICY The receipt fee [CF] that applies to this reservation is : [A] 100% of the total rental if cancelled on the day [within 24 hours] of pickup, or you goof to turn up [no show] [B] 50% of the total rental if cancelled 1 day [24 hours] prior to the pickup date. [C] All other cancellations are subject to a 10% tuition of the total rental cost. Should you [the Hirer] decide to voluntarily return the vehicle [including car keys] and traps to the location specified prior to the expiry of the rental term, the Hirer will not be entitled to a refund, however, a credit of the remaining wastefulness may be left on file for future use. Terms and conditions apply. 1 Your Rental Contract 1.1 This Contract (Rental Contract) You have entered into with Smart Car Rental comprises the rental document for the rent of the Vehicle (Rental Agreement) and these terms and conditions of rental (Terms and Conditions). When We refer to the Rental Contract We midpoint both the RentalTry-onand the Terms and Conditions. 1.2 The stage of the Rental Contract is the stage that is shown in the Rental Agreement. 1.3 Please read the Rental Contract carefully. If there is anything that You do not understand please ask at the Rental Station surpassing signing the Rental Contract, as Your signature is Your acknowledgement that You have read and understood the Rental Contract in its entirety and that You are unseat by it. 1.4 There are words and phrases used in the Rental Contract that have a particular meaning that You need to be familiar with.Wreckingways an unintended and unforeseen standoff between the Vehicle and any other object, including flipside vehicle that results inForfeitureor Third Party Loss.WardshipFee ways the fee charged by Us for the legalistic financing associated with Your rental. AuthorisedSuburbaniteways any suburbanite tried and recorded by Us, either on the RentalTry-onor by prior written agreement. ClaimsWardshipFee ways the fee charged for handling Your requirement and for making arrangements for repairs, towing and other legalistic tasks associated withForfeitureor Third Party Loss. The fee ranges from $50 for a single vehicle wrecking to $200 where there is moreover Third Party Loss. Commercial Vehicle ways a Vehicle that is a van, utility, truck or bus that is synthetic and used for the transport of goods or property or for the transport of increasingly than 12 persons including the driver. Customer Own Insurance ways that You have a Corporate ServicesTry-onwith Us under which Your Rental Contract provides no imbricate forForfeitureor Third Party Loss welling from the use of the Vehicle.Forfeituremeans: (a) any loss or forfeiture to the Vehicle, however caused, that requires repair or replacement, subject to reasonable wear and tear; (b) towing and salvage fees; (c) assessing fees; and (d) Loss of Use. DamageImbricateProducts ways products You may purchase at the Start of Rental at uneaten forfeit to reduce Your DLF liability.ForfeitureLiability Fee (DLF) ways the value shown in the RentalTry-onYou must pay Us in the event of Damage, theft of the Vehicle or Third Party Loss, subject to these Terms and Conditions. The value payable includes the ClaimsWardshipFee. DebitVellumways Debit MasterCard or Visa Debit Card. Smart Car Rental ways Amigos Rental Limited GST Number 124-840-856 and TSL# 0317164 trading as Smart Car Rental New Zealand or where workable an self-sustaining Smart Car Rental franchisee or affiliate. Final Inspection ways the inspection carried out without We have taken possession of, and fully examined and cleaned the Vehicle at the end of the Rental Period. Loss of Use ways the fee calculated at the daily rate shown in the RentalTry-onbeing Our loss considering the Vehicle needs repair and We are waiting for the repairs to be completed or it is a write-off or has been stolen and We are waiting for it to be replaced. Off Road ways any zone that is not a legally designated road nor a sealed road nor an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, inflowing waters, sand, deserts, rocks, fields and paddocks. OverheadForfeituremeans: (a)Forfeitureat or whilom the level of the top of the front windscreen of the Vehicle; (b)Forfeitureto any part of the pantech or box section of a Commercial Vehicle; or (c) Third Party Loss, caused by: (i) contact between the part of the Vehicle that is at or whilom the level of the top of the front windscreen with objects overhanging or obstructing its path; (ii) use of a Commercial Vehicle so that its height exceeds that permitted by law, by-law, regulation or newsy sign in the zone of use; (iii) objects stuff placed on the roof of the Vehicle; or (iv) You or any person standing or sitting on the roof of the Vehicle. Premium Location Surcharge (PLS) ways the uneaten value payable when a Vehicle is hired from a Rental Station located at an airport or some municipality or suburban locations. The rate is shown in the RentalTry-onand is subject to GST. Rental Charges ways all rental and associated charges plus GST or other taxes and levies required by law all shown in the Rental Agreement. Rental Station ways the workshop or rental location from which You hired the Vehicle. Rental Period ways the period shown in the RentalTry-onor as extended by Us. SeriousViolateways a violate of any of clauses 6.3, 8.2, 8.3, 8.5, 8.7, or 8.10 that causes Damage, theft of the Vehicle or Third Party Loss. SnowImbricateways the spare imbricate that allows the Vehicle to be driven within a Snow Area. SnowZoneways any zone where snow or ice has worked on the ground or any zone where it is indicated, recommended or required that snow villenage are to be fitted to the Vehicle. Start of Rental ways the stage and time that the rental commences at the Rental Station shown in the Rental Agreement. Third Party Loss ways any loss or forfeiture to third party property, including other motor vehicles, and any third party requirement for loss of income or consequential loss. UnderbodyForfeitureways any forfeiture to the Vehicle including the momentum train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems that is caused by or directly results from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction including kerbs, gutters, speed or road humps, barriers or wheel stops.. Unsealed Road ways a legally designated public road that has been worked and synthetic but is not sealed with a nonflexible material such as tar, bitumen or concrete. Unsealed RoadImbricateways the spare imbricate that allows some classes of Vehicle to be used on an Unsealed Road that is graded and maintained by a local or government body, validity or steering but it never allows the use of the Vehicle Off Road. Vehicle ways the vehicle described in the RentalTry-onand includes its parts, components, accessories, keys, keyless start or remote tenancy device audio equipment and tools or any vehicle substituted by Us pursuant to the Rental Contract. Licence and admin fee (LAF) ways the percentage value payable to Us to recover Our financing of registering and licensing the Vehicle as a rental Vehicle. We, Us, Our ways Smart Car Rental or one of its franchisees or affiliates as shown in the Rental Agreement. You, Your ways the person, firm, visitor or organisation renting the Vehicle or any AuthorisedSuburbaniteshown in the Rental Agreement. Your Smart Car RentalWorthways Your credit card, Smart Car Rental tuition worth or DebitVellumnominated at the Start of Rental for the debiting of charges under the Rental Contract. 2 Rental Period 2.1 Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement. 2.2 The Vehicle must be returned to the Rental Station, on the stage and by the time shown in the Rental Agreement. If You return the Vehicle older than the stage shown in the RentalTry-onthe daily rate payable will be adjusted to reflect the daily rates that wield for shorter rentals (No refunds for early returns). 2.3 We understand that circumstances transpiration and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us at least 2 hours prior to the expiration of the Rental Period. 2.4 If We have well-set to an extension of the Rental Period and Your extended Rental Period is longer than 30 days, You must take the Vehicle to Your nearest Smart Car Rental Station on day 29 and every 30 days thereafter to pay Your spare Rental Charges for the extended Rental Period unless You have Our prior written try-on varying these conditions. 2.5 If You goof to notify Us at least 2 hours surpassing the expiration of the Rental Period that You require an extension We may: (a) terminate the Rental Contract; and (b) recover the Vehicle by lawful means. 2.6 A ‘No Show’ fee may wield if You goof to notify Us of Your intended receipt prior to the stage and time of the prelude of Your reservation. 3 Costs, charges & payment 3.1 At the Start of Rental You must provide Your credit vellum or DebitVellumwhich We may pre-authorise to pay Your total unscientific Rental Charges plus a deposit, as security. Payment by DebitVellumis not winning on all Vehicles or at all Rental Stations and You should trammels with the Rental Station that Your proposed ways of payment is winning to Us surpassing signing the Rental Contract. 3.2 When collecting and returning the Vehicle the primary cardholder must be present. 3.3 At the end of the Rental Period You must pay Us: (a) the Rental Charges; (b) all reasonable financing to return the Vehicle to the same condition it was in at the Start of Rental including but not limited to uneaten cleaning and subject to reasonable wear and tear; and (c) any amounts payable under clauses: (i) 4.1 (infringements); (ii) 5.1 (Damage Liability Fee); and (iii) 6.1 to 6.4 (inclusive) (exclusions toForfeitureCover). 3.4 If You proffer the Rental Period from that shown in the RentalTry-onYour entitlement to self-ruling rental kilometres may transpiration and You will be charged for uneaten kilometres if You exceed the self-ruling kilometres workable to Your Rental Period and Vehicle model. 3.5 The Vehicle is supplied with a full tank of fuel. If You do not take the “prepaid fuel” option and return the Vehicle without a full tank of fuel a refuelling tuition will apply. You must moreover pay for any fuel used for the wordage and hodgepodge service. 3.6 All amounts payable under the Rental Contract are subject to subsequent verification and welding and details of any adjustments will be provided to You as soon as practicable. If a refund is due to You it will be credited to Your Smart Car Rental Account. If any value is due to Us You authorise Us to tuition Your Smart Car RentalWorthwith that amount, including an value up to the DLF and any amounts payable under clauses 4.1, 6.1 to 6.4 (inclusive). These charges may be made at any time during or without the end of the Rental Period. 3.7 If currency conversion is required for payment of amounts due to Us under the Rental Contract, We will wield the commercial mart rate valid at the time We credit or debit Your Smart Car Rental Account. 3.8 If You goof to pay Us any value due under the Rental Contract You must also: (a) pay Us interest on that overdue value calculated at the rate of 10% per annum and starting 7 days without the stage that overdue value became payable to Us and ending on the stage of payment of all amounts due; and (b) pay the reasonable financing and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt hodgepodge fees, legation and any legal costs. 4 Infringement offences 4.1 You are liable for and must pay all infringement fees and any magistrate fees or financing imposed for an infringement offence:(a) where tried vehicle surveillance equipment has detected: (i) a speeding offence; (ii) an offence in respect of a failure to comply with the directions given by a traffic signal; or (iii) a toll offence; (b) welling from parking the Vehicle on any portion of a road in violate of any bylaw of a road executive validity or Part 6 of the Land Transport (Road User) Rule 2004; or (c) welling from a nonobservance of section 20(1) of the Freedom of Camping Act 2011 involving the use of the Vehicle, whether You were driving the Vehicle or not. 4.2 If We receive an infringement notice for an infringement offence from an enforcement or regulatory validity We will send You a reprinting of that notice or of any reminder notice as soon as practicable. You have the right to: (a) challenge, mutter about, query or object to the so-called offence to the issuing enforcement authority; and (b) seek aMagistratehearing within 56 days from the stage of the issue of the infringement notice or 28 days from the issue of the reminder notice. 4.3 If We receive a notice for an infringement offence ,We may debit Your Smart Car RentalWorthfor the value of the infringement fee and We may tuition an wardship fee if We do. 4.4 We may moreover supply Your details to any regulatory or enforcement validity upon its request and an wardship fee applies if We do or if We have notified You of the receipt of an infringement notice from any such authority. If We have paid any value for which You are liable under clause 4.1 You will moreover be charged that value together with an wardship fee. 5 DamageImbricateand payment of theForfeitureLiability Fee (DLF) 5.1 If there is Damage, theft of the Vehicle or Third Party Loss for each separateWreckingYou must pay up to the DLF shown in the RentalTry-onunless Your Rental Contract is for Customer Own Insurance. 5.2 You may make Your own insurance arrangements but if We are not satisfied that Your insurance imbricate is comparable to the imbricate We offer We may refuse to rent the Vehicle to You. If You make Your own insurance arrangements You winnow that You are liable for and must pay in full for: (a) Damage; (b) loss of the Vehicle as a result of theft; and (c) Third Party Loss. 5.3 Subject to clause 6, Your DLF liability is reduced if You have purchasedStandoffDamage Waiver (CDW), reduced remoter if You purchased SuperStandoffDamage Waiver (SCDW). 5.4 You will not have to pay the DLF shown in the RentalTry-onfor a requirement if vicarial reasonably We stipulate that You were not at fault and: (a) You are ordinarily a New Zealand resident; (b) You hold a New Zealand drivers licence; (c) You have fully completed Our Incident Report Form with: (i) the name, residential address, contact phone and licence number of any person involved (Third Party); (ii) the registration numbers of all vehicles involved; (iii) an well-judged written and diagrammatic unravelment of theWreckingand location; and (iv) the names of peekaboo police officers and the stations at which they are based; and (d) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and We reasonably believe that the insurer will stipulate to pay Us for the Damage. 5.5 If the DLF is payable under clause 5.1 and 5.3: (a) upon inspection of the Vehicle We may make a reasonable estimate ofForfeitureand debit Your Smart Car RentalWorththat unscientific value up to but not exceeding the DLF shown in Your Rental Agreement; and (b) onceForfeiturehas been assessed We will: (i) debit Your Smart Car RentalWorthwith the difference up to a total value not exceeding the DLF shown in Your RentalTry-onif the assessed value is greater than the estimate; or (ii) credit Your Smart Car RentalWorthwith the difference if the assessed value is less than the estimate, and forward to You a tax invoice for the assessed amount; (c) if We receive notification of Third Party Loss We will make a reasonable estimate of Your liability for that loss and: (i) debit Your Smart Car RentalWorthfor the value of that estimate; or (ii) if an value has once been debited under subclauses (a) or (b), debit Your Smart Car RentalWorthfor the spare value of that estimate, up to but not exceeding the DLF shown in the Rental Agreement. 5.6 We will refund:(a) the DLF paid pursuant to clause 5.5: (i) in full if We recover theForfeiturefrom a responsible third party or their insurer or successfully reject or defend a requirement for Third Party Loss; or (ii) on a pro rata understructure if We recover only a proportion of any value personal for Damage; or (b) any surplus value if a requirement for Third Party Loss is rejected or secure for an value less than the DLF paid pursuant to clause 5.5(c). 5.7 In making a refund We may take into worth all reasonable administrative, hodgepodge organ and legal financing incurred in connection with the recovery of theForfeitureforfeit or rejection or defence of a requirement for Third Party Loss. 6 Exclusions to DamageImbricate6.1 You have no imbricate if there is a SeriousViolateof the Rental Contract plane if DamageImbricateProducts have been purchased and the DLF has been paid. 6.2 You have no imbricate forForfeitureto the Vehicle’s windscreen, headlights, wheels. 6.3Planeif You purchase one of Our DamageImbricateProducts and You pay the DLF You have no imbricate for: (a)Forfeitureor Third Party Loss: (i) caused by the use of the Vehicle in any zone prohibited by the Rental Contract; or (ii) caused by You driving the Vehicle in a manner which in Our reasonable opinion posed a real danger to the lives or property of any other person and which unsalaried to or caused theForfeitureor Third Party Loss; (b) Overhead Damage; (c) Damage, UnderbodyForfeitureor Third Party Loss caused deliberately or recklessly by You, any unauthorised suburbanite or any passenger of the Vehicle; (d)Forfeiturecaused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water, including that which occurs whilst the Vehicle is stuff transported; (e)Forfeiturecaused by use of the incorrect fuel type; (f)Forfeiturethat is caused to a Vehicle with a convertible roof by overfilling the luggage compartment whilom the recommended level, and then vitalizing the convertible roof mechanism; or (g)Forfeitureor Third Party Loss caused or unsalaried to by You where You leave the scene of theWreckingprior to the ubiety of the police or reporting theWreckingto the police. 6.4 There is moreover no imbricate for: (a) the full forfeit of replacing or repairing any traps supplied by Us including, but not limited to child restraints, GPS units, lost keys, keyless start and remote tenancy devices; (b) personal property owned by You or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle without the Vehicle is returned to the Rental Station; (c) loss or forfeiture to Your property, the property of a member of Your firsthand family or of an entity related to You, that arises from the use of the Vehicle; or (d) Damage, theft of the Vehicle or Third Party Loss if Your Rental Contract is for Customer Own Insurance. 7 Customer Own Insurance 7.1 If You have a Corporate ServicesTry-onwith Us that provides for Customer Own Insurance and if Your RentalTry-onrecords that Your Rental Contract is for Customer Own Insurance: (a)Forfeitureand Third Party Loss welling from the use of the Vehicle or theft of the Vehicle are Your responsibility and must be paid in full by You; and (b) You fully indemnify Us for: (i)Forfeitureand Third Party Loss welling from the use of the Vehicle and any loss We may have welling from the theft of the Vehicle; and (ii) any demand, claim, including a requirement for legal costs, whoopee or proceeding made, commenced or issued by or versus You welling therefrom. 8 Your responsibilities 8.1 In this section, We set out the responsibilities You have to Us when You rent one of Our Vehicles. 8.2 The Vehicle must only be driven by You. We may moreover legitimatize spare Authorised Drivers and an uneaten tuition will wield for each driver. 8.3 You must: (a) be no less than 21 years of age and a young suburbanite surcharge applies for specific vehicles and drivers under the age of 25; and (b) hold a full, current, unrestricted driving licence for the Rental Period valid and towardly for the matriculation of Vehicle, that shows Your current residential write and which is written in English or an international licence translated into English. 8.4 You must also: (a) indulge Us to inspect Your licence at any time during the Rental Period; and (b) fully inspect the Vehicle at the Start of Rental to ensure that the condition of the Vehicle and any pre-existing forfeiture is virtuously noted and shown in the Rental Agreement. If there is any discrepancy, You must notify Us prior to leaving the Rental Station; 8.5 During the Rental Period You must: (a) take all reasonable superintendency of the Vehicle: (i) to prevent Damage, theft of the Vehicle and Third Party Loss; (ii) to ensure that the Vehicle is not overloaded by the number of persons or by the weight of goods carried; (iii) by using any security device fitted to or supplied with the Vehicle; and (iv) by taking steps to protect the Vehicle versus ripply weather such as latter the sunroof or convertible roof to prevent the entry of rain or where practicable, by garaging the Vehicle to preventForfeiturecaused by hail; (b) alimony the Vehicle locked and secure when not in use and the keys and any keyless start or remote tenancy device under Your personal tenancy at all times and You must be worldly-wise to produce those keys and device in the event of a theft of the Vehicle; (c) maintain the Vehicle’s engine, restriction oil, engine coolant and shower water levels and tyre pressures; and (d) use the correct fuel type. 8.6 During the Rental Period You must also: (a) comply with all mandatory seat whup laws and fines may be imposed by the police on any suburbanite or passenger who does not have a seat whup properly adjusted and fastened; (b) comply with all child restraint laws and ensure that the restraint has been fitted correctly equal to the age of the child and that the restraint is properly adjusted and fastened; (c) return the Vehicle and any traps supplied by Us including, but not limited to, child restraints and GPS units in the same condition as at the Start of Rental, subject to reasonable wear and tear; (d) pinion to any mileage instructions displayed in the Vehicle or set by the Rental Station; (e) immediately upon request provide Us and any regulatory or enforcement validity Your full, well-judged and up-to-date information relating to the use of the Vehicle during the Rental Period; (f) ensure that a reprinting of the Rental Contract is kept in the Vehicle throughout the Rental Period; and (g) produce a reprinting of the Rental Contract without wait for inspection on demand by an enforcement officer. 8.7 You must never: (a) use the Vehicle when it is damaged or unsafe; (b) momentum or operate the Vehicle: (i) whilst under the influence of swig or drugs or both to such an extent that You are incapable of having proper tenancy of the Vehicle; or (ii) whilst You have a thoroughbred swig content or level of drugs present in Your thoroughbred that exceeds the limit permitted by law; (c) interfere with the Vehicle’s engine, transmission, braking or suspension systems; (d) indulge the Vehicle to be driven or operated in circumstances that constitute an offence versus sections 56, 57 and 58 of the Land Transport Act 1998; (e) goof or refuse to undergo any vapor or thoroughbred test or drug impairment assessment; (f) momentum the Vehicle whilst Your driving licence is subject to any restriction or condition; (g) commit: (i) any wilful, deliberate or criminal act, including an act of suburbanite abuse; or (ii) an act of connivance with any person vicarial for You or on Your behalf, that causesForfeitureor Third Party Loss; (h) momentum the Vehicle dangerously or recklessly; (i) use the Vehicle for off-roading, reliability trials, a race, rally or contest, speed testing, driving instruction, to propel or tow flipside vehicle, in violation of any legislation, order or regulation well-expressed the use, loading or condition of the Vehicle, or for any illegal purpose; (j) use the Vehicle to siphon dangerous goods as specified by the Land Transport Rule: Dangerous Goods 2005; (k) sell, rent, sublet, dispose of, or rent the Vehicle to any other person; (l) register or requirement to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 1999; (m) indulge the Vehicle to be operated outside Your validity or by any person who is not an Authorised Driver; (n) operate the Vehicle or indulge it to be operated in violate of the Land Transport Act 1998, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic or the Freedom of Camping Act 2011; or (o) operate the Vehicle or indulge it to be operated for the transport of increasingly passengers or goods than the maximum specified in the document of loading and/or RUC certificate, whichever is the lesser for the Vehicle. 8.8 You must not: (a) use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary but not parked unless the soul of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not stuff held or touched at any time whilst stuff used; (b) leave the keys to the Vehicle, any keyless start or remote door tenancy device in it or with it whilst it is unattended or unoccupied by You or any passenger; (c) leave the Vehicle unattended pursuit anWreckingand surpassing the inrush of a tow or salvage operator; (d) modify the Vehicle in any way and no roof racks or towbars are permitted unless fitted by Us; (e) use or indulge the Vehicle to be used for the transport of passengers for hire, fare or reward unless You have Our prior written validity for use of the Vehicle in a passenger service licensed under Part 4A of the Land Transport Act 1998; or (f) use the Vehicle for transporting any animals, unless specifically tried by Us and spare cleaning charges may apply. 8.9 You and any passengers must not smoke in the Vehicle.Sparecleaning charges will wield if there is a violate of this condition. 8.10 Parts of New Zealand are not suitable for wangle by rental vehicles. To preventForfeitureto the Vehicle and for Your own personal safety We strictly enforce conditions that restrict Your use of the Vehicle and unless We have given Our prior written consent, You must never take the Vehicle: (a) on any Unsealed Road unless Unsealed RoadImbricatehas been purchased; (b) within a SnowZoneunless SnowImbricatehas been purchased; (c) Off Road; (d) between the North and South Islands in either direction or onto any island that is off mainland New Zealand; (e) through any river, stream, creek or tidal crossing; (f) through inflowing waters or on inflowing prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe; (g) on any road where the police or any government or statutory validity has issued a warning, circumspection or which has been closed; (h) onto any road where We have notified You that the use of the Vehicle is prohibited; (i) on the pursuit roads: (i) Ball Hutt (Mt Cook); (ii) Skippers (Queenstown); or (iii) 90 Mile Beach (Northland); (j) on all roads north of Colville on the Coromandel Peninsula, the Tapu to Coroglen road (all parts east of Rapaura Gardens), the 309 road from Coromandel to Kairnarama and the Blackjack Road from Kuatuna and Opito; or (k) on the pursuit highways on the South Island between the hours of 2200 and 0600 (local time) from 1 April until 31 October: (i) State Highways 6 and 8 between Twizel and Queenstown; (ii) the Milford Road between Te Anau and Milford Sound; (iii) State Highway 6 between Franz Joseph and Wanaka; or (iv) Arthur’s Pass. 9 Our responsibilities 9.1 When You make a reservation with Us We will provide a Vehicle that is in a unscratched and roadworthy condition displaying a valid and currentDocumentof Fitness. 9.2 If the Vehicle breaks lanugo during the Rental Period considering of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired, We will use Our weightier endeavours to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period. 9.3 If it is not possible to self-mastery an inspection of the Vehicle with You at the end of the Rental Period We will use Our weightier endeavours to personize the condition of the Vehicle with You within 4 working hours of the Final Inspection. 9.4 We are only responsible for any uncontrived loss that You suffer as a result of Our violate of the Rental Contract. We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss. 10 Roadside Assistance, breakdown, wrecking & repair 10.1Self-rulingroadside assistance is provided for inherent mechanical faults in the Vehicle but fees and charges wield for all other faults or suburbanite induced errors. Generally, these fees and charges range from $45 plus GST to $600 plus GST and wield to faults and suburbanite induced errors such as: (a) a unappetizing battery; (b) lost keys, a keyless start or remote tenancy device; (c) unlocking the Vehicle when the key, keyless start or remote tenancy device have been locked in it; and (d) waffly a wheel as the result of a unappetizing tyre. 10.2 Roadside AssistanceImbricatemay be purchased to provide imbricate for: (a) refuelling the Vehicle when You have run out of fuel with up to 6 litres of fuel; (b) unlocking the Vehicle when the keys, keyless start or remote tenancy device have been locked in the Vehicle; (c) waffly a wheel as the result of a unappetizing tyre; and (d) starting the Vehicle if the shower is unappetizing considering You have left the headlights or interior lights on or the air-conditioning, entertainment system or other electrical equipment operating when the engine is not running. 10.3 Roadside AssistanceImbricatedoes not wield and there is no cover: (a) for the forfeit of a replacement key, keyless start or remote tenancy device that has been lost; or (b) if there has been a SeriousViolateof the Rental Contract. 10.4 We reserve the right not to replace the Vehicle if it is involved in a majorWreckingor there has been majorForfeitureor You have single-minded a SeriousViolateof the Rental Contract. 10.5 If: (a) a warning light or fault message appears; (b) You see or wilt enlightened of low engine or restriction oils, engine coolant levels or tyre pressures; or (c) the Vehicle develops any fault during the Rental Period, You must inform Us immediately via the contact details in the Vehicle and in the RentalTry-onand not use the Vehicle unless We have authorised You to do so. If You goof to notify Us and protract to use the Vehicle You will be responsible for anyForfeitureor Third Party Loss. 10.6 You must not let anyone work on the Vehicle or unify or undertake any repairs to the Vehicle or towing or salvage of it unless We have given You Our prior authority. You must alimony and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there stuff no SeriousViolateof the Rental Contract. 10.7 You must immediately report anyWreckingor theft of the Vehicle to Us in writing and well-constructed all documentation that We require and forward any third party correspondence or magistrate documents to Us within 7 days of receipt. 10.8 If You have anWreckingin which: (a) a person is injured; (b) the other party failed to stop or mart details; (c) the Vehicle or any other vehicle is towed; or (d) a suburbanite appears to be under the influence of intoxicating liquor or drugs; a report must moreover be made to the police immediately. 10.9 If the Vehicle is stolen a report must be made to the police immediately the theft is discovered. 10.10 If You have anWreckingYou must also: (a) make the Vehicle secure; (b) get the names and addresses of all persons involved, including witnesses; (c) supply Us with any information concerning the suburbanite of the Vehicle and You must indulge Us uncontrived wangle to the suburbanite of the Vehicle and You must fully co-operate in permitting Us to proceeds such access; (d) not make or requite any offer, promise of payment, settlement, waiver, release, indemnity or ticket of liability; (e) permit and squire Us to bring, defend, enforce or settle any legal proceedings versus a third party, including peekaboo at a lawyer’s office and/or court; and (f) indulge Us to requirement in Your name under any workable substitute vehicle insurance, and do everything that may be required to squire Us in making such a claim. 11 End of the Rental Contract 11.1 At the end of the Rental Period, in wing to Your obligations under clause 3.3, You must return the Vehicle to Us: (a) to the Rental Station; (b) in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; and (c) at the stage and time set in the Rental Agreement. 11.2 We indulge a grace period of 59 minutes for the return of the Vehicle but if it is returned to Us increasingly than 59 minutes without the time set for its return in the RentalTry-onYou will be charged one full day’s uneaten rental. 11.3 If the Rental Contract has not been extended by Us and the Vehicle is returned to Us increasingly than 24 hours without the time set for its return in the Rental Agreement: (a) the rates shown in the RentalTry-onwill not wield and You must pay the standard rate for the Vehicle for the whole Rental Period; and (b) there is no DamageImbricateso that You are liable forForfeitureand Third Party Loss and any repossession charges or financing We incur in this default period. 11.4 If You return the Vehicle to a rental station other than that shown in the Rental Agreement, or when the Rental Station is closed, or any place other than a Smart Car Rental Station: (a) a one way fee may apply; and (b) You are liable for and must pay: (i) forForfeitureand Third party Loss; and (ii) the Rental Charges, until the Final Inspection has been conducted in vibrations with clause 9.3. 11.5 If a yoke has been prepaid to Us it is fully refundable to You provided that at the end of the Rental Period: (a) all amounts due to Us under the Rental Contract have been paid; (b) the Vehicle has been returned to the Rental Station at the stage and time set in the Rental Agreement; (c) there is noForfeitureor Third Party Loss; (d) the interior and exterior are clean; (e) the Vehicle has a full tank of fuel; and (f) there has not been a SeriousViolateof the Rental Contract. We reserve the right to retain all or part of a yoke if there is a violate of any of these conditions. 12 Termination of the Rental Contract 12.1 We may terminate the Rental Contract and take firsthand possession of the Vehicle if: (a) the Vehicle is driven by You in a manner that is likely to pose a real danger to You or the lives of any other person; or (b) You commit: (i) a SeriousViolateof the Rental Contract; or (ii) a reckless violate of road or traffic legislation. 12.2 If the Rental Contract is terminated by Us pursuant to clause 12.1: (a) You must pay for: (i) Damage; (ii) loss of the Vehicle as a result of theft; (iii) Third Party Loss; (iv) storage, repossession and recovery fees; (v) fees for the release of the Vehicle from compounds; (vi) roadside assistance; (vii) legalistic and legal financing of recovery; and (viii) the Rental Charges; (b) it will not stupefy Our right to receive any money We are owed under the Rental Contract; and (c) You requite Us permission to wangle and enter Your premises to repossess the Vehicle without using unreasonable gravity or causing damage. 13Workablelaw 13.1 The laws of New Zealand govern the Rental Contract. 13.2 You have consumer rights conferred by the Fair Trading Act 1986 and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any unsaid terms or rights You may have under that Act or any other consumer legislation. 14 Dispute Resolution 14.1 If You believe there has been an error in Your worth or if You have any complaint, Our staff at the Rental Station will help You in every way they can to rectify the error or resolve the complaint. If they are unable to squire You or if Your concerns are not resolved to Your satisfaction You may refer the matter to Our internal dispute resolution (IDR) process. 14.2 Upon receipt of Your referral to IDR Our IDR officer will unclose receipt of Your referral and will investigate the matter and try to reach a satisfactory outcome. 14.3 We will teach You of the final outcome of Your IDR referral within 45 days of receipt of that referral and We will use Our weightier endeavours to do so within 21 days thereof. 14.4 Referrals to Our IDR process can be to any of the following: Post: Customer Relations Manager, Smart Car Rental New Zealand, PO Box 78064, Grey Lynn, Auckland 1245 New Zealand Phone: +64 9 3073553 Email: [email protected] 15 Privacy Policy 15.1 The terms of Our Privacy Policy (available at www.smart cars.co.nz) form part of these terms and conditions. Our Privacy Policy sets out how We collect, use, store and unroll Your personal information. 15.2 If We do not collect Personal Information from You, We will not be worldly-wise to rent You a Vehicle and if any of the Personal Information You provide is incomplete or inaccurate, the quality of Our services may be compromised. 15.3 By inward into the Rental Contract with Us and by providing Us with personal information, You represent to Us and We proceed on the understructure that You have read and stipulate to the terms of Our Privacy Policy. 15.4 Your personal information contained within the Rental Contract may be disclosed to other relevant operators for the purpose of promoting unscratched driving in New Zealand. 15.5 We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Vehicle to be tracked or located. By hiring a Smart Car Rental Vehicle You expressly consent to Us using a GPS Device on the Vehicle during the Rental Period and collecting, using and retaining information from the GPS Device.Remoterinformation is misogynist in Our Privacy Policy. 15.6 If You default in the payment of any moneys owed to Us under clause 3.3, You authorise Us to provide information of that default to a credit reporting soul and to obtain an up to stage consumer credit report on You. Personal information may be used and disclosed by the credit reporting soul in vibrations with the Privacy Act to create or maintain a credit information file containing information well-nigh You, including defaults in glut of 60 days and the debt owed to Us. 16 General 16.1 If You are the holder of a corporate worth with Us or if Your Corporate ServicesTry-onwith Us provides for Customer Own Insurance, these Terms and Conditions must be read in conjunction with Your signed Agreement. 16.2 If You are a Privilege Loyalty Program member these Terms and Conditions must be read in conjunction with the Privilege Program Specific Terms. 16.3 In the event of any inconsistencies or uncertainty between the terms of Your corporate account, Your Corporate Services Agreement, Your Customer Own Insurance try-on or Your Privilege Loyalty Program, these Terms and Conditions will prevail. Our squadron consists of over 18 heady models from the world's premium car manufacturers. Models from Jaguar, Volvo, Toyota, Volkswagen, Nissan, Mercedes Benz, Ssangyong, Ford, Audi, Holden, Citroen, Land Rover and Isuzu. And you’ll notice our cars are a little different. We intentionally segregate models that you can’t get from most rental car companies. This way we hope your rental-car wits will be fun and memorable. Any questions? Feel self-ruling to requite us a call. COMPANYWell-nighPrivacy Policy HELP CENTER Contact Terms and Conditions Insurance CONNECT 0800 458 987 | +64 9 307 3553 © 2017 | Smart Car Rental All Rights Reserved