Conditions

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In these Terms and Conditions:

Authorised Driver = An additional driver who is listed on and signs Part A; Your employer or a fellow employee, if either are engaged in activities that are directly related to your business duties and the Vehicle has been hired by a Corporate Account.

Commercial Vehicle = any vehicle used for carrying goods.

Corporate Account = a company, association or group who has either a Credit Facility, Direct payment account or any other contracted rate for contracted rates and conditions.

Credit Card Fee = the additional payment required where payment of any Charge is made by credit card which is to be calculated by multiplying the amount of the Charges by the percentage specified as the Credit Card Fee in the Pricing Information section of Part A.

Damage Liability Fee (DLF) = your contribution to the Owner in the event of an accident or incident involving the Vehicle, subject to clause below.

Downtime = the time taken for restoring or repairing any damage to the Vehicle.

Europcar = the person or entity detailed above the words 'The Owner' on Part A or where applicable, an independent Europcar System licensee.

Gazetted Road = either a sealed or unsealed road regularly maintained by a local, state or government body, authority or council.

Hirers Liability = in relation to New Zealand rentals has the same meaning as Damage Liability Fee.

LDW (Loss Damage Waiver/Reduction) = the fee to reduce the Damage Liability Fee and, if You accept LDW on Part A, You agree to pay the LDW fee.

Overhead Damage = any damage to the vehicle at or above the top of the front windscreen of the vehicle.

Premium (Premium Location Surcharge) = the percentage fee on Part A charged to You on all charges incurred by You on the Rental Agreement.

Passenger Vehicle = any vehicle other than a four wheel drive that is designed to carry more than 3 people including the driver.

Rental Period = the period commencing at the time and on the date shown on Part A & ending at the time and on the date that You return (or are regarded as returning under clause 6.3) the Vehicle to Europcar.

Sealed Road = a road sealed with a hard material such as tar, bitumen or concrete.

Snow Coverage = the fee to allow the Vehicle to be driven in the areas defined at clause 3.3 (e).

Snow Line = the gates leading to any of the National Parks or snow fields in Australia or New Zealand between 01 Jun to 30 Oct, or where the Vehicle is driven into areas that require tyre chains to be fitted to the tyres of the Vehicle, or where there are signs indicating that tyre chains are required to be fitted to the tyres of the Vehicle.

Substitute Vehicle Insurance = a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or they use the Vehicle as a substitute for the vehicle insured under that policy.

TOL = prepaid electronic tolls and, if You accept TOL on Part A, You agree to pay the daily toll fee.

TPP (Total Protection Pack) = the combination of LDW & WHT.

Vehicle = the Vehicle described on Part A (or any substitute Vehicle), and includes its parts, components and accessories.

VRRF = Vehicle Registration Recovery Fee charged to partially recover the Vehicle registration costs.

WHT = the protection for Windscreen, Headlight and Tyre puncture, excluding negligence or abuse by You.

You or Your = the person(s) identified as 'the Renter' on Part A; and Any Authorised Driver.

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All Europcar locations provide clients with 24 hour emergency road side assistance.

Roadside assistance is free for all mechanical damage defects not resulting from Renter misuse of the vehicle. We charge for all non-mechanical defects such as lost keys, keys locked in the vehicle, flat battery due to lights being left on etc. In the case of an accident you must always remember to complete an accident report form, giving a full report of the circumstances. If another vehicle is involved you must complete a jointly agreed report with the other person involved. Renter may be held responsible for costs incurred for damage to the rented vehicle if renter fails to complete an accident report form.

For the protection of your children, child safety restraint seats are available at some Europcar locations upon advance reservation.

You agree and acknowledge that:

Only You will drive the Vehicle. You have not within the three years prior to the Time Out date on Part A been convicted of an offence relating to driving a vehicle: under the influence of alcohol or drugs; or with a blood alcohol level over any legal limit. You are 21 years of age or over and that you hold a valid current unrestricted motor vehicle driver's licence for the particular class of vehicle hired (learners permits and provisional or probationary licences are not acceptable) unless written permission has been granted by the Owner when establishing a Corporate Account; and You have not been refused nor had any motor vehicle insurance cancelled for any reason within the three years prior to the Time Out date on Part A.

In New Zealand you must not drive or take on the following roads:

• Ball Hutt (Mt Cook)
• Skippers (Queenstown)
• 90 mile beach (Northland)
• All roads north of Colville on the Coromandel Penninsula
• The Tapu to Coroglen Rd (all parts east of Rapaura Gardens)
• The 309 road from Coromandel to Kairnarama
• Blackjack Road from Kuatuna and Opito

on the following Highways on the South Island between the hours of 2200 and 0600 (local time) from 01 Jun - 30 Oct:

• State Highway 6 between Twizel and Queenstown
• The Milford Road between Te Anau and Milford Sound
• The west coast road between Franz Joseph and Wanaka
• Arthur's Pass

You must NOT:

• allow or permit the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind
• allow or permit the Vehicle to be used to tow or push anything, unless a tow bar has been fitted to the vehicle by Europcar and the load is within the vehicle's design limits specified in the vehicle manual
• sublet or let the Vehicle on hire to any other person
• carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built
• be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the Country, State or Territory in which the Vehicle is driven; or
• refuse to take a breath or blood test in the Country, State or Territory in which the Vehicle is driven
• allow the Vehicle to be used to carry passengers for payment of any kind
• use the Vehicle when it is damaged or unsafe
• use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) & in accordance with the Vehicle manufacturer's recommendations
• without Europcar's prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 23°C or any other explosive or corrosive substances
• transport any animal inside the Vehicle [except with the permission from the Owner and subject to all necessary approvals, permits, licenses and government requirements (to be obtained at Your own cost)]. An additional vehicle cleaning charge as specified in Part A will apply
• operate or permit the Vehicle to be operated in breach of any legislation, regulations, rules or by laws relating to road traffic and use
• in New Zealand operate the Vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws relevant to road traffic
• in New Zealand use the Vehicle for the carriage of hazardous goods (as defined in sections 70E to 70H of the Transport Act, as amended 1 May 1990)

You must:

• maintain all of the Vehicle's engine and brake oils and engine coolant levels to the manufacturer's specifications and ensure that the tyres are maintained at the manufacturer's recommended pressure as provided in the vehicle manual
• keep the Vehicle locked and the keys under Your personal control at all times and produce such keys if the Vehicle has been stolen
• comply with any applicable seat belt & child restraint laws; and
• generally do all things necessary to keep and maintain the Vehicle in it's current state and condition (fair wear and tear excepted)
• 5.2 You must not arrange or undertake any repairs or salvage to the Vehicle (whether because of an accident or breakdown) without the express written authority of Europcar except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or other property in which case you must first attempt to contact Europcar by phone to inform them of the steps you are intending to take and obtain approval to those steps. Europcar will only reimburse You for the cost of such authorised repairs or salvage if You keep and produce to Europcar the original receipts for those repairs or salvage

You must return the Vehicle to Europcar: to the place, on the date & by the time shown on Part A; in the same condition as it was at the commencement of the Rental Period (subject to fair wear and tear).

If You return the Vehicle to a location other than that shown on Part A, a 'drop fee' may apply. If a 'drop fee' applies as is indicated on Part A You must pay it at the end of the Rental Period.

If You return the Vehicle to any place other than a Europcar location, or the Europcar location is not open on that day, or if the vehicle is returned outside the hours of operation, You will be deemed to have returned the Vehicle to Europcar only when Europcar takes possession of the keys to the Vehicle. (Please obtain the hours of operation from our website or counter staff). The rental charges will continue and You will be responsible for the Vehicle until such time as the Vehicle is deemed to have been returned.

Europcar may terminate this Agreement and take immediate possession of the Vehicle if you fail to comply with the terms of this Rental Agreement or if the Vehicle is otherwise damaged. The termination of the Rental Agreement pursuant to this clause will be without prejudice to Europcar's or Your other rights under this Agreement or otherwise.

• Auckland - CBD
• Auckland - Airport
• Blenheim - Airport
• Cambridge
• Christchurch - Airport
• Christchurch - CBD
• Dunedin - Airport
• Dunedin - CBD
• Greymouth - Train Stn
• Hamilton - CBD
• Hamilton - Airport
• Hastings
• Invercargill - Airport
• Napier - CBD
• Napier - Airport
• Nelson - Airport
• New Plymouth
• Palmerston North - Airport
• Picton - Ferry Terminal
• Queenstown - Airport
• Rotorua
• Wellington - Airport
• Wellington - CBD

If You do not select the Prepaid Fuel Option (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service Fee per litre detailed on Part A.

Except to the extent Europcar is liable at law and subject to this clause and in the case of New Zealand rentals also clause 11, You are liable:

• for the loss of, and all damage to, the Vehicle
• the cost of towing, recovering and storing the Vehicle; and
• for all damage to your property or the property of any person
• which is caused or contributed to by You; or
• which arises from the use of the Vehicle by You

Remember that references to the 'Vehicle' (as defined) include all of its parts, components and accessories.

If You accept the Loss Damage Waiver (LDW) option on Part A (or it is included in Your rate) and, where applicable, You pay the Damage Liability Fee shown on Part A it will;

• reduce Your liability under clause 8.1 for damage to the Vehicle or loss of the Vehicle; and
• will ensure that You are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You
• it will not however cover you for towing and recovery of the Vehicle

Loss Damage Waiver is subject to You and any Authorised Driver complying with the terms and conditions of the Rental Agreement and in any event You must always pay;

• the Damage Liability Fee shown on Part A
• the cost of rectifying any tyre punctures, unless the WHT option is selected
• windscreen or headlight damage unless the WHT option is selected
• the cost of repairing any damage caused deliberately, carelessly or recklessly by You or
• any passenger carried during the Rental Period
• the cost of repairing any damage to the Vehicle or to third party property caused or contributed to by a breach of the Rental Agreement
• the cost of repairing overhead or roof damage caused by contact between the Vehicle and objects over hanging or obstructing the path of the Vehicle or if damage is caused by persons placing objects on the roof of the Vehicle
• the cost of repairing any water damage caused by immersion of the Vehicle in water to the Vehicle
• the cost of repairing any underbody damage, and any resulting damage from that underbody damage, to the Vehicle
• the cost of repairing any damage to the Vehicle or to any third party property caused or contributed by You where You leave the scene of the incident or collision prior to the attendance of the Police or prior to You or Your immediate and formal reporting of the incident or collision to the Police
• the full cost of replacing or repairing all contents supplied by Europcar (including baby seat, maps and GPS units)
• any damage caused to the Vehicle or the accessories through the use of tyre chains; and
• where the Vehicle is operated in any of the places mentioned in Clause 3 the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser
• any appraisal or assessment fees
• reasonable administrative fees and legal costs of recovery
• the costs of towing, storage and recovery of the Vehicle; and
• a per day loss of use based on 75% of the daily rental rate as displayed in Part A of this Rental Agreement on the downtime of the Vehicle calculated after the Vehicle is returned which costs and charges we must itemise if you request us to do so, within 7 days of them being determined

Except as provided at law Europcar is not liable to any person, and You indemnify Europcar, for any loss of, or damage to, any property stolen from the Vehicle or otherwise lost or damaged during the rental.

Europcar shall not be responsible for the state and condition of any property found in the Vehicle after the Vehicle's return to Europcar. Any person claiming the return of such property is required to furnish Europcar satisfactory proof of ownership.

You have rights conferred under consumer legislation and neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act in Australia or any other Federal, State or Territory legislation in Australia to the same effect.

Subject to the exclusions set out below You and any Authorised Driver are fully indemnified in respect of any liability you might have to Europcar in respect of the loss or damage to the Vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of Europcar including towing and salvage costs associated with the recovery of the Vehicle and its accessories and spare parts. Subject to the exclusions set out below, You and any Authorised Driver are indemnified to the extent of a pre-determined amount in respect of any liability you might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.

The indemnities referred to above shall not apply where the damage, injury or loss arises when:

• the driver of the Vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the Vehicle
• the Vehicle is in an unsafe or unroadworthy condition that arose during the course of the Rental Period and that caused or contributed to the damage or loss, and You or the Authorised Driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the Vehicle
• the Vehicle is operated in any race, speed test, rally or contest
• You are a body corporate or department of State and the driver is disqualified from holding or has never held a driver's licence appropriate for that Vehicle
• the Vehicle is driven by any person who at the time when he or she drives the Vehicle is disqualified from holding or has never held a driver's licence appropriate for that Vehicle
• the Vehicle is driven by a person other than You or the Authorised Driver
• the Vehicle is wilfully or recklessly damaged by You or any Authorised Driver, or driving the vehicle under the authority of You, or is lost as a result of the wilful or reckless behaviour of You or any such person
• the Vehicle is operated on any of the following roads referred to below or any unformed road including a beach
• the Vehicle is operated outside the term of the Rental Agreement or any agreed extension of that term

It is agreed between Europcar and You that section eleven (11) of the Insurance Law Reform Act 1977 will apply with respect to the above exclusions as if this clause constituted a contract of Insurance. In general this provision means that an exclusion will not apply if You prove on the balance of probability that the damage or loss was not caused or contributed to by the matters referred to under the exclusion clause. You acknowledge by signing the Rental Agreement that You are aware of the above exclusions.

In the event of any inconsistency between clauses 10 and 11 and any other provisions of the Rental Agreement clauses 10 and 11 will prevail.

Where the use of the Vehicle by You or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property or if the Vehicle has been stolen, You must:

• promptly report such incident to the local police
• promptly report such incident in writing to Europcar by satisfactorily and accurately completing the applicable Europcar forms
• not, without Europcar's written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability
• permit Europcar or its insurers at its own cost to bring, defend, enforce or settle any legal proceedings against a third party
• allow Europcar to claim in Your name under any applicable Substitute Vehicle Insurance and You must do everything that may be required to assist Europcar in making such a claim, including assigning the benefit of any Substitute Vehicle Insurance to Europcar
• complete and furnish to Europcar within a reasonable time any statement, information or assistance which Europcar or its insurer may reasonably require, including attending at a lawyers office and at Court to give evidence for which You will be paid reasonable costs including travel costs
• forward to Europcar any claims or correspondence from third party's within seven 7 days of receipt

At the end of the Rental Period, You must pay Europcar on demand:

• all charges specified on Part A and all charges payable under the Rental Agreement, less any deposits already paid
• the Credit Card Fee
• any amount paid or payable by Europcar or payable by You arising out of Your use of the Vehicle or imposed on You or Europcar by governmental or other competent authority (such as speeding, road toll, parking and traffic fines). In addition to any penalty or fine, the Renter is liable to pay the Owner the infringement administration fee detailed on Part A

You must also pay to Europcar any amount you are liable to pay as a result of a breach of this Agreement.

The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:

• one day's rental at the 'daily rate' shown on Part A (subject to clause 6.4); plus
• the amount payable for the number of kilometres driven during the Rental Period; plus
• all other agreed fees and taxes specified on Part A and Part B

You authorise Europcar to charge all moneys payable to Europcar under the Rental Agreement to Your credit card or charge account for any extension of the original contracted rental period, or damage detected upon return of the Vehicle. Any existing damage will be noted vehicle in Part A of this Rental Agreement. If the Vehicle is returned with any additional damage Europcar will charge your credit card with the damage liability fee shown on Part A of this Rental Agreement.

If You do not pay all charges at the end of the Rental Period, You must pay interest at the National Australia Bank standard bank bill rate on the outstanding balance from the end of the Rental Period to the date all charges are paid in full.

If currency conversion is required in relation to any payment the applicable exchange rate will be that offered by the National Australia Bank on the date of the Rental Agreement or the date on which liability for the payment is incurred.

Europcar shall have the right to terminate the Rental Agreement at any time if You materially breach these terms and conditions and take immediate possession of the vehicle.

Breaches of this Rental Agreement will result in You paying for:

• all reasonable costs to return the Vehicle to its original condition or replacement of the Vehicle; and/or
• loss of rental revenue to the Owner; and/or
• all reasonable costs for towing, storage and recovery of the vehicle

You will be entitled to terminate this Rental Agreement if Europcar breaches its terms and conditions.

The laws of Victoria and the Commonwealth of Australia govern these terms and conditions where the vehicle is supplied in Australia and where the vehicle is supplied in New Zealand, the laws of New Zealand will govern these terms and conditions.

If you believe that there has been an error in your account or if the amount charged is unreasonable you must notify the Manager of the office from where the Vehicle was rented and submit within twenty (20) working days your complaint in writing providing with exact details of your complaint together with any evidence in support of your complaint.

Europcar concludes as a result of it's investigation that: your account has been incorrectly debited Europcar will respond by arranging to adjust your account by debiting your account and will notify you in writing; or your account has been correctly debited Europcar will respond by providing you with reasons and furnish you with any evidence for this finding.

If you are still dissatisfied and have further queries, you must notify us in writing within seven (7) working days and a meeting will be arranged as soon as practicably possible between the senior executives of Europcar in an attempt to resolve the dispute.

The information requested from You is to enable Europcar to assess your request to hire a Vehicle from us, and in order to comply with the requirements of the Transport Services Licensing Act 1989. You do not have to supply this information, but if You do not, we are unable to hire a Vehicle to You. Your information will also be used for the purposes described in our Privacy Policy.

Europcar reserves the right to substitute a similar vehicle.

Tourer 4WD Wagon