These Terms and Conditions apply to any Agreement between Elements World Limited and the Hirer whose name and address appear in the Rental Agreement.
Elements World and the Hirer agree as follows:
CONSUMER RIGHTS STATEMENT
All of the Hirer’s rights set out in this Agreement are in addition to your rights as a consumer pursuant to applicable consumer protection laws, including the New Zealand consumer law. Such rights are not excluded, restricted or modified by operation of this Agreement. The Hirer may find out more about the Hirer’s rights from consumer organizations and bodies including New Zealand Consumer Affairs. Please contact us if you have any questions about these terms and conditions.
In this Agreement, unless the context clearly indicates otherwise:
‘Agreement’ means any Confirmation and/or the Rental Agreement;
‘Bond’ means the amount paid by the Hirer on pick-up of the Vehicle to cover any liability or other amounts owed by the Hirer under this Agreement;
‘Collection Point’ means the collection point for the Vehicle specified in the Confirmation and/or Rental Agreement;
‘Confirmation’ means the confirmation of the Hirer’s booking from Elements confirming Vehicle type, Fee, Bond, Term of Hire, Start Date, Return Date, Collection Point and Return Location;
‘Credit Card’ means a credit card or debit card
‘Insurance Options’ means the excess reduction covered described in clause 9 which only applies if it is specified in the Rental Agreement;
‘Fee’ means daily rental costs and any additional fees as agreed;
‘Hirer’ means the person or persons nominated as the customer/hirer/Authorised Driver and any person whose credit card is presented for payment of the Hirer’s charges;
‘Elements’ means Elements World Limited;
‘Rental Agreement’ means the document entitled Rental Agreement which has been signed for and on behalf of the Hirer and the Terms and Conditions;
‘Return Location’ in respect of the Vehicle, means the return location specified in the Confirmation and/or Rental Agreement;
‘Terms and Conditions’ means the terms and conditions set out in this document; and
‘Vehicle’ means the Vehicle hired by the Hirer and includes tyres, tools, accessories, and all other equipment, documents or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided.
a) The term of hire (‘Term of Hire’) in respect of the Vehicle shall commence at the time and date specified in the Rental Agreement (‘Start Date’) and cease at the time and date specified in the Rental Agreement (‘Return Date’). Campervan charges are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the Start Date is counted as day one of the rental, regardless of pick-up time. The Return Date is counted as the final day of the rental regardless of drop off time.
b) Minimum rental periods are subject to change, and any such change will be notified to the Hirer prior to Confirmation and once a Confirmation has been received by the Hirer, Elements may not alter the minimum rental period for that booking.
RATES, AMENDMENTS AND CANCELLATION CONDITIONS
a) The Agreement and the rates and conditions quoted in our website, brochures and/or documentation are subject to change without notice. However, (subject to changes in legislation or system generated errors) Elements will not alter this Agreement or the rates or conditions applicable to the Hirer’s rental once the Hirer has received Confirmation, unless the booking is amended at the Hirer’s request.
b) All amendments to a booking are subject to availability and approval by Elements. If a reservation, Return Location, category or Vehicle type, Collection Point, Start Date or Return Date is amended prior to collection by the Hirer, the applicable rate for the Vehicle may in the absolute discretion of Elements be re-calculated to the new rate applicable at time of amendment, the Hirer will be advised of any change in rate at the time. Rate recalculations are based on the rate at the time of reservation or the new rate at the time of amendment.
c) All changes to a booking, including extensions to the Return Date, are subject to availability and approval by Elements and must be requested through Elements at least 48 hours prior to the Return Date or any agreed extension thereof. In the event of any unauthorised extension to the Return Date, the Hirer shall pay the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of such amount Elements nominates as its reasonable costs in connection with such unauthorised extension being not more than $500. In the event of any unauthorised change to the Return Location, the Hirer shall pay a relocation fee as determined by Elements acting reasonably but in any event not in excess of $500.
d) A 20% deposit is required at the time of booking and/or following any amendment in order to receive a Confirmation.
e) If the booking is cancelled up to 60 days prior to the Start Date, a full refund of the deposit will be made (not including any credit card administration fee). If a booking is cancelled between 25-60 days prior to the Start Date, 10% of the booking value is chargeable as a cancellation fee. If the booking is cancelled 7-24 days prior to the Start Date, 30% of the booking value is chargeable as a cancellation fee. If the booking is cancelled 1-6 days prior to the Start Date, 50% of the booking value is chargeable as a cancellation fee. If the booking is cancelled within 24 hours of departure or the Hirer does not collect the Vehicle from the Collection Point, then 100% of the gross rental is chargeable.
f) If you change the pick-up date within the cancellation time frames in (e) above and then you cancel the amended booking; the original cancellation fee will apply.
g) If COVID-19 restrictions prevent you from collecting your Elements rental, you will receive a 100% credit of any amount paid towards a future booking.
h) Credid must be used for travel within one year from the original pick-up date and must be booked under the same name as the original booking. New bookings/changes are subject to availability, new daily rate and booking conditions at the time of booking apply. Credit is non-transferable and new booking must be under the main hire’s name.
5. PERSONS WHO MAY DRIVE THE VEHICLE
a) The Vehicle may only be hired and driven by the persons specified as an authorised driver in the Rental Agreement, and only if: they hold a current and full driver’s licence appropriate for the Vehicle in English, which must be presented to Elements at time of collection of the Vehicle (‘Authorised Driver’). Only persons 18 years and over may be an Authorised Driver in respect of a Vehicle. If the Licence of an Authorised Driver is not in English, it must be accompanied by an accurate English translation of the whole licence including any conditions. The translation must be provided by an NZ Transport Agency approved translator, diplomatic representative at a high commission, embassy or consulate or authority that issued the licence. Such translation must be provided to Elements prior to collecting the Vehicle. An International driver licence or permit must always be accompanied by an original and current driver licence.
b)) Please note a NZ restricted licence and Australian Green P licence will be accepted. However, if the Authorised Driver’s licence has any restrictions or conditions imposed on or in connection with that licence, the Authorised Driver shall ensure that such conditions are complied with and the Authorised Driver is aware that any Excess Reduction Cover may be voided and this agreement may be terminated if such restrictions or conditions are not adhered to. A Learner’s licence or comparable will not be accepted.
c) Once the Vehicle has been collected, if any additional persons wish to drive the Vehicle, they must call Elements to get Elements’ prior approval ad they must comply with clauses (a) and (b) above.
6. HIRER’S OBLIGATIONS
a) The Hirer acknowledges having received the Vehicle in a clean condition, with a full fuel tank and full bottle of gas (if applicable). The Hirer will return the Vehicle in a clean condition with a full fuel tank and a full bottle of gas (if applicable, and subject to any pre-purchase fuel and/or pre-purchase gas option being taken), on the Return Date at the time and at the Return Point set out in the Rental Agreement.
b) The Hirer must ensure that all the reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use.
c) The Hirer must ensure that the recommended levels are maintained with respect to the water in the radiator and battery, the oil and the tyre pressures of the Vehicle.
d) Smoking and/or animals (excluding registered guide or assistance dogs) are not permitted in the Vehicle at any time. If this condition is breached, the Hirer must pay to Elements a cleaning fee determined by Elements in its reasonable opinion and being not more than $250.
e) The Hirer must ensure that all Authorised Drivers comply with and all Authorised Drivers are aware they are bound by this Agreement.
f) All authorised Drivers must carry their driver’s licence with them when driving the Vehicle.
g) In the event of any damage to or accident involving the vehicle during the Term of Hire, the Hirer must notify Elements of the full circumstances of the damage as soon as practicable (being not more than 24 hours) from the time the Hirer has knowledge of the damage.
h) If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify Elements as soon as practicable, and in any event within 24 hours, from the time the Hirer has knowledge of the defect or failure so as to give Elements the opportunity to rectify the problem during the Term of Hire and ensure the problem does not escalate. Elements does not accept liability for any claims submitted after this period.
i) The Hirer must ensure that a copy of this Agreement is kept in the Vehicle throughout the Term of Hire and produced without delay for inspection on demand by an enforcement officer.
j) The Child Restraint Law stipulates that children under 7 must be properly restrained in an approved child restraint. It is the Hirer’s responsibility to ensure the child restraint is installed correctly not Elements’. It is strongly recommended by Land Transport New Zealand that children should be seated in the rear of the Vehicles.
k) It is the Hirer’s responsibility to be aware of and act in compliance with all the New Zealand Transport Agency rules and regulations.
l) The Hirer shall not use or permit the Vehicle to be used for the transport of passengers for hire or reward.
m) The Hirer shall not:
(i) drive or use the Vehicle (or permit the Vehicle to be driven or used) otherwise than in a cautious manner. For the purposes of these terms and conditions, a single vehicle rollover shall be considered a breach of this clause 6(l)(i);
(ii) Sublet or hire the Vehicle out to any other person;
(iii) Permit the vehicle to be operated outside the Hirer’s authority;
(iv) Operate the Vehicle, or allow it to be operated under any influence of alcohol or illegal drugs;
(v) Operate the vehicle, or permit it to be operated in any race, speed test, rally or contest;
(vi) Operate the Vehicle or permit it to be operated in breach of the Act, Transport Act 1962, Land Transport (Road User) Rule 2004 or any other Act, regulations or bylaws including New Zealand Transport Agency rules relating to road traffic;
(vii) Operate the Vehicle or permit it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the Vehicle;
(viii) Drive or permit the Vehicle to be driven by any other person that is not the holder of a current driver’s licence appropriate for the Vehicle;
(ix) Use the Vehicle for the purpose of a courier or delivery service.
n) The Hirer must ensure that no persons interfere with the odometer or speedometer, or (except in an emergency) any part of the engine, transmission, and braking and/or suspension systems of the Vehicle.
o) The Hirer confirms that all information supplied by them to Elements in connection with this Agreement is true and accurate and the Hirer will immediately notify Elements of any change to the information.
p) The primary concern of Elements if the well-being of the Hirer and the occupants of the Vehicle and, for safety purposes, Elements reserves the right at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of hire period. Elements will advise you on pick up of any travel restrictions known at that time.
7. PAYMENT BY HIRER
a) Prior to collection of the Vehicle, the Hirer must pay Elements in full the fees (‘Fees’), excess amount/bond (‘Bond’) and any other amounts specified in the Rental Agreement and present a credit card in the Hirer’s name that is acceptable to Elements for payment of such amounts. Subject to the terms and conditions of this Agreement, the Hirer agrees to pay on demand any additional fees and costs that are incurred by the Hirer or are payable by Elements in connection with the hire of the Vehicle by the Hirer including parking charges and fines, toll road charges and fines, camping charges and fines, speeding and other traffic offence fines, late return fees, relocation fees, and cleaning fees. In addition, the Hirer authorises Elements to debit the Hirer’s credit card for those additional costs which become apparent following the Term of Hire.
b) The Hirer must pay for all petrol or diesel (but not oil) used in the Vehicle during the Term of Hire.
c) The following credit cards are acceptable: Visa, MasterCard & American Express. A credit card surcharge fee of 2.7% applies for the use of visa and mastercard credit cards for payment and Bond purposes. The credit card administration fee will not be refunded if the Hirer cancels the booking.
d) Some banks and credit card providers may impose fees for certain transactions, including currency conversation fees. Any fees and other charges which may be charged to the Hirer or the Hirer’s bank or credit card provider will be the Hirer’s sole responsibility, and for the avoidance of doubt, are not included in any rate or sum provided by Elements.
e) The Hirer accepts the risk of any currency exchange rate fluctuations (including in relation to refunds and return of Bonds) and accepts that Elements has no control over any currency conversion rates or fees.
f) If a credit card is presented as payment, the credit card holder is jointly and severally liable as a Hirer. The Hirer agrees that:
(i) Elements shall be entitled to retain the Hirer’s credit card details in accordance with the Payment Card Industry – Data Security Standard and to take any action to recover from the Hirer’s credit card all amounts due by the Hirer pursuant to this Agreement, including any amounts due in respect of damage to the Vehicle or property of a third party and all other additional charges as set out in this Agreement and as listed in this document; and
(ii) Elements may process credit card charges relating to the Rental Agreement up to 6 months after the Term of Hire.
8. HIRER’S LIABILITY
a) If multiple persons are described as the Hirer in the Rental Agreement, each person is jointly and severally responsible for all fees, charges, and other obligations pursuant to this Agreement.
b) Subject to clause 8(e), The Hirer is liable to Elements for and shall indemnify Elements against:
(i) any loss of, or damage to, the Vehicle (including any accessories);
(ii) any consequential damage, loss, or costs incurred by Elements, including salvage costs, loss of ability to re-hire and loss of revenue; and
(iii) any loss of, or damage to Vehicles arising from the use or misuse of the Vehicle by the Hirer, any Authorised Drivers, person whom the Hirer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Hirer, any Authorised Driver, any person he Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the Hirer’s liability may be reduced to the amount of the relevant Excess Reduction Cover in respect of an incident subject to the terms and conditions of this Agreement.
c) Subject to clause 8(e), the Hirer agrees to release and shall indemnify Elements from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.
d) Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to Elements for any loss to the extent that is it caused by us (for example, through our negligence or breach of contract).
e) This clause 8 will survive termination of this Agreement.
9. INSURANCE OPTIONS
a) The Hirer may choose the No Worries, Yeah Nah, and Risky Business for excess reduction cover coverage of the Vehicle. The Bond payable in respect of the Vehicle or any incident shall be in accordance with the excess reduction package option selected by the Hirer at the time of Collection and specified in the Rental Agreement, being either of the “No Worries,” “Yeah Nah,” or “Risky Business’” options, and the excess applicable to such option will apply together with the appropriate rate of payment.
10. INSURANCE COVERAGE
All Insurance Coverage Options are subject to the provisions and exclusions set out below:
a) The Hirer may purchase and pay the daily rental rate for one of the Insurance Options to reduce the Standard Excess payable by the Hirer under Elements’ cover (‘Insurance options’).
b) Subject to clause 11, the Hirer’s liability is covered by the relevant insurance options selected up to a maximum of $2,000,000.
c) The Hirer’s liability for damage applies in respect of each separate accident, incident or new damage, not each rental.
d) This clause 10 does not apply if the Hirer rejects Excess Reduction Cover. If the Hirer elects not to use Insurance Options, the excess payable by the Hirer is the Standard (Risky Business) Excess as per the Rental Agreement and is payable for each and every event involving the Vehicle.
11. INSURANCE EXCLUSIONS
Insurance Options does not apply in the following events or in respect of the following fees, damages, expenses and/or costs and the Hirer will be fully liable for all fees, damages, expenses and/or costs as specified and/or which are associated with the relevant event:
a) The driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle.
b) The Vehicle is in an unsafe or un-roadworthy condition that arose during the Term of Hire and such condition has caused or contributed to the damage or loss, and the Hirer or driver of the Vehicle was aware or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle.
c) The Vehicle is driven by any person not identified as an Authorised Driver in the Rental Agreement.
d) The Vehicle is damaged as a result of submersion in water, including as a result of crossing creeks, rivers, flooded fords, salt water or on beaches, driving through low plain flooded areas or if there was a reasonably foreseeable risk of the Vehicle’s submersion in water (for example, while parked in a below ground parking garage).
e) The Vehicle is used in any off road conditions. Off road conditions include: fire trails, beaches, sand, tracks, fields or paddocks. The only exception to this is reasonable use of access roads to recognised commercial campgrounds.
f) The Vehicle is driven when a warning light appears or where the coolant temperature gauge enters a red zone (High).
g) The use of roof racks and snow chains on the Vehicle where such roof racks or snow chains have not been hired through Elements.
h) The Vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks, roof racks or bicycle racks
i) The Vehicle is driven on a road or ski resort access road without snow chains when snow chains are required to be fitted by the relevant local authority, Transit New Zealand, NZ Police or the relevant ski resort
j) The costs to replace keys which have been lost, broken or damaged, the cost of retrieval of keys which have been locked inside a Vehicle.
k) All costs as a result of breakages, loss, theft or defacement of the Vehicle’s interior and accessories caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle.
l) RISK-BUSINESS or YEAH-NAH insurance options does not cover any theft or attempted theft of the Vehicle or its contents resulting in damage where reasonable precautions were not taken to protect against that theft or attempted theft.
m) Elements recommends the Hirer does not leave valuables in the Vehicle and Elements strongly recommends that the Hirer ensures they take out the highest level of travel insurance as there is no cover for loss of or damage to personal belongings.
n) All damage and costs caused by or in connection with reckless conduct or wilful misconduct of the Hirer or an Authorised Driver
or any invitee of the Hirer or passenger in the Vehicle. For example, Insurance Options does not apply in connection with any incidents involving sitting or standing on the bonnet, boot or roof of the Vehicle or propelling an object from the Vehicle.
o) If the Vehicle is wilfully or recklessly damaged or is lost as the result of the wilful or reckless actions of the Hirer or an Authorised Driver
or any invitee of the Hirer or passenger in the Vehicle (Note: wilful or reckless damage includes fire, any punctures or damage to tyres or rims caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, burning out a clutch and any damage arising from using the Vehicle to propel any other vehicle).
p) Except where Elements is in breach of this Agreement, the costs relating to delivery of a replacement Vehicle required as a result of any of the exclusions listed in this clause 11.
q) Any costs associated with the incorrect use of fuel or the use of: (a) fuel (fuel being diesel or petrol); (b) the use of Bio-Diesel which should not be used; or (c) water; or (d) other contamination of fuel or water of the Vehicle.
r) The cost to retrieve or recover a Vehicle back to road level, which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in anyway.
s) If the Vehicle is involved in a single vehicle rollover or the roof of the Vehicle is damaged as a result of any single vehicle incident or accident, regardless of any Excess Reduction Cover chosen by the Hirer, the Hirer must pay Elements and is responsible to Elements for all costs and damages arising in respect of such rollover, incident or accident. The Hirer’s liability under this clauses is limited to an amount of $5,000. For the purposes of these terms and conditions a single vehicle “rollover” includes any incident or accident where the Vehicle has rolled, tipped (one or more wheels have left the ground) or fallen over and this has caused damage to the Vehicle, including to the roof and/or sides of the Vehicle.
t) The Vehicle is operated in any race, speed test, rally or contest or the Vehicle is used for the purpose of reward (for example, as a taxi or courier vehicle) or the Vehicles is used in any driver license test.
u) The Vehicle is driven by any person who at the time when that person drives the Vehicle is disqualified from holding or has never held a driver’s licence appropriate for that Vehicle or such person is not legally entitled to drive the Vehicle in New Zealand.
v) The Vehicle is operated on any of the following roads: Ninety Mile Beach (Northland), Ball Hutt Road (Mt Cook) or Skippers Road (Queenstown).
w) The Vehicle is operated outside the Term of Hire or any agreed extension of that term.
x) If a driver of the Vehicle is convicted of any driving offence under New Zealand law where the Vehicle, property or any other vehicle is damaged in circumstances which are illegal in New Zealand.
y) It is agreed between Elements and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constitutes a contract of insurance.
z) If the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications.
a) The Hirer authorises Elements to deduct from the Bond any amounts due by the Hirer to Elements arising as a result of this Agreement, including the amount of any damage, the charges as set out in this Agreement, and as listed in this document. Elements will give the Hirer notice of the deduction of such amount by contacting them at the email address specified in the Rental Agreement.
b) Elements reserves the right to retain all or part of the Bond for such period as Elements may determine (acting responsibly) after the Term of Hire to cover the cost of un-notified damage, infringements, or damage to third parties or their property. Once a refund is processed by Elements, it may take five or more business days for the funds to become available.
c) In the event of an insurance claim, to allow Elements to determine who is at fault, the Bond may be retained by Elements irrespective of who is at fault and such amount must be paid to Elements (if not already held by Elements) at the time the accident report is completed and not at the expiry of the Term of Hire. The Bond will be refunded only if Elements is successful in recovering the complete cost of damages from the third party. If Elements is not successful in recovering the complete cost of the damages from the third party, Elements may retain all or part of the Bond being in respect of such amount of damages that Elements was not able to recover from the third party provided that Elements shall not be entitled to retain any amounts to the extent that any damages have been caused by or contributed to by a breach of this agreement or the negligent act, error or omission of Elements or any of its officers, employees, or agents. The Hirer acknowledges that third party claims can take many months to resolve.
d) As insurance is not compulsory in New Zealand, there is no guarantee that these damages will be recovered, therefore were a third party causes damage, the Hirer is liable for damages as specified in their Rental Agreement and if Elements is not able to recover from the third party the amount of damages the Bond may not be refunded to the Hirer.
e) In the event of a replacement Vehicle dispatched due to an accident, the applicable Bond will be twice that of the Bond for the original Vehicle.
f) In the event that a replacement Vehicle is given due to an accident, any Insurance Cover taken is not transferable to the replacement Vehicle.
g) For the purposes of this clause 12, ‘damage’ includes any and all damage to third party property (including vehicle(s), damage to the Vehicle including tyres and windscreens, towing and recovery costs, theft, fire, break-in, vandalism costs, and the cost of the daily rental rate for the Vehicle for the period the Vehicle is unavailable for hire by Elements due to repair.
h) Where the Vehicle has been returned during or outside office hours and the Vehicle has undiscovered damage to the windscreen or body that has not been reported or is not covered by the Hirer’s chosen insurance cover, the Hirer will be contacted summarising the cost of repairs and charged for such repairs.
13. ELEMENTS’ LIABILITY AND OBLIGATIONS
a) Elements shall hire the Vehicle and supply any services pursuant to this Agreement:
(i) only on the terms and conditions explicitly set out in this Agreement; and
(ii) subject to non-excludable rights under consumer protection laws.
b) Except as set out in the paragraphs below, Elements accepts its liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws.
c) As the hire of the Vehicle and any services Elements may provide pursuant to this Agreement is provided to the Hirer for the primary purpose of personal, domestic or household use, Elements does not accept liability to the Hirer for losses that result from the use of Vehicle or any of Elements’ services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, Elements limits its liability to resupplying, repairing or replacing the Vehicle or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.
d) Elements is not liable for any loss to the extent that it is caused by the Hirer (for example, through the Hirer’s negligence or breach of contract and/or the occurrence of any of the events in clause 11).
e) Elements is not liable for any loss to the extent that it results from the Hirer’s failure to take reasonable steps to avoid or minimise the Hirer’s loss.
f) Elements is not liable for any loss caused by Elements failing to comply with its obligations in relation to the hire of the Vehicle or provision of any services where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of nature).
g) The liability Elements accepts to the Hirer under this clause 13 includes liability for our agents according to the principles of vicarious liability at common law.
h) This clause 13 will survive termination of this Agreement.
14. ADDITIONAL HIRE COSTS
a) There is no extra driver fee.
b) Subject to approval by Elements, one-way rentals are available between all branch locations. A one-way fee may apply and will be quoted at the time of booking
c) Baby seats, roof racks and snow chains can be requested at the time of reservation at a cost of $40 each per rental. All items are subject to availability.
d) When returning Vehicles after hours please note that Vehicles must be returned to the branches, not the airport terminal car parks. The Vehicle also remains the responsibility of the Hirer until such time as Elements takes back possession of the Vehicle during standard operational hours.
e) A Diesel Road User Tax applies to all diesel vehicles in New Zealand. The tax will be calculated and charged upon return of the Vehicle
hire based on the kilometres travelled during the hire. The cost can
be obtained from the Reservations or branch team members. Elements reserves the right to amend the Diesel Road User Tax upon Government intervention.
g) After Hours pickups are available on request only. For all After Hours pickups a Rental Agreement (including copies of all drivers’ licences) must be completed and returned to Elements at least 48 hours prior to travel.
f) GPS - (SATELLITE NAVIGATION UNIT) / Skoot
(i) The Hirer will return the GPS/Skoot device and is liable for misplacing or damaging the GPS unit, Skoot device, mount, charger and carry case to a maximum charge of $700.
(ii) Elements is not responsible for any harm, damage, loss, theft, or misadventure that occurs as a result of the use or misuse of the GPS unit/ Skoot device
(iii) The Hirer agrees to follow all safety and usage guidelines provided by the device and/or Elements.
15. TOLL NOTICES AND INFRINGEMENT FEES
a)) The Hirer is liable for all infringement notices received in respect of offences committed during the Term of Hire, including in connection with any fines or charges for traffic offences and speeding offences, any failure to comply with directions given by a traffic signal, any toll offences, any parking offences and freedom camping offences.
b) In the event that Elements received notice of an infringement and/or fine, Elements may (in its absolute discretion) itself, or Elements may engage a subcontractor to, either:
(i) transfer that infringement and/or fine into the Hirer’s name and charge the Hirer an administration fee for each infringement incurred of $60 for costs associated with the process; or
(ii) Debit the Hirer’s credit card for the amount of the infringement and/or fine the charge the Hirer and administration fee for each infringement or fine processed at a rate of $60 per infringement or fine being in respect of costs associated with the process.
c) The Hirer is hereby notified that, if Elements (itself or by its appointed subcontractor) proposes to debit the Hirer’s credit card for infringement and/or fine:
(i) Elements will send (or have sent) to the Hirer, including email to the address specified in the Rental Agreement, a copy of the relevant infringement or fine notice and any reminder notice as soon as practicable after it is received by Elements;
(ii) The Hirer may have the right to challenge, query or object to the alleged offence to the authority that issues the infringement notice or a court (details of the relevant process should be provided on any infringement notice or fine);
(iii) The Hirer may have the right to seek a court hearing (within such time as specified on the notice of infringement or fine); and
(iv) The Hirer has the right to dispute the matter with the credit card issuer.
16. MECHANICAL REPAIRS, ACCIDENTS AND EQUIPMENT FAILURE
a) If there is an accident, equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify Elements as soon as practicable and in any event within 24 hours from the time the Hirer has knowledge of the defect or failure in order to give Elements the opportunity to rectify the problem during the Term of Hire. Please contact Elements by telephone at 0800 000 985.
b) Elements reserves the right not to accept liability for any claims submitted after the period specified in clause 16(a) unless the Hirer is able to give a reasonable explanation (in the absolute discretion of Elements) as to the failure to provide notice within such period.
c) All vehicles are registered with the Automobile Association (AA), providing 24-hour roadside assistance. Please contact AA Toll-Free at 0800 734 543.
This service covers all Mechanical and Non-Mechanical breakdowns. All Mechanical breakdowns are covered by Elements relevant to AA’s Roadside Assistance programme and includes the following:
All Non-Mechanical breakdowns are subject to the relevant call out fees being charged by the AA directly to the Hirer and are not covered by Safety First Insurance Cover and include include but are not limited to the following:
Out of fuel / incorrect fuelling of the Vehicle
Wheels and tyres
Keys being lost, broken or locked inside the Vehicle
A breakdown as a result of damage caused in an accident, including salvage
The AA service operates 24 hours, however, for mechanical repairs outside office hours (weekends and public holidays included), some delays may occur.
d) In the event of any accident or incident involving the Vehicle, the Hirer must:
(i) notify Elements of the full situation as soon as practicable and in any event within 24 hours from the time of the accident or incident;
(ii) notify the appropriate New Zealand Emergency Services (Police, Ambulance, Fire) by calling ‘111’ if the accident or incident involves an injury;
(iii) record full details of all parties, witnesses to, and vehicles involved in, the accident or incident;
(iv) prepare a written statement of the facts signed by all parties; and
(v) obtain a copy of any relevant Police report.
e) In the event of an accident or incident involving the Vehicle, the Hirer must not:
(i) make any admission of liability; or
(ii) arrange or undertake any repairs or salvage without Elements’ prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle and/or to other property.
f) The availability of a replacement Vehicle is not guaranteed and is subject to availability, Hirer’s location, accident liability and remaining hire duration.
g) Additional Hirer charges may be incurred including the following:
(i) if a replacement Vehicle is required as a result of an accident, the Hirer is responsible for making their own way to Elements;
(ii) the Hirer is responsible for the cost of transporting the Hirer and accompanying passengers away from the accident location;
(iii) Provided Elements has complied with clause 16(a), the Hirer must pay for any costs relating to delivery of a replacement Vehicle required as a result of any of the exclusions listed in clause 11. These costs apply irrespective of any Insurance Cover applicable to this Agreement.
(iv) In the event that a replacement vehicle is given due to an accident, any Insurance Cover is non-transferable to the replacement vehicle.
h) Without limiting any other provision of this Agreement, in the event of an accident, breakdown or equipment failure, whether or not a replacement Vehicle is available or accessible to the Hirer, Elements will not be liable for any resulting accommodation or living expenses that are incurred, nor personal expenses for missed activities unless such accident, breakdown or equipment failure has been caused by or contributed to by a breach of this Agreement by or the negligent act, error or omission of Elements.
i) Any mechanical or towing expenses required for the Vehicle must be authorised by Elements prior to the repairs or towing taking place or permitted in accordance with this clause, otherwise, Elements reserves the right to hold the Hirer liable for such costs.
j) No replacement Vehicle will be provided without receipt of a complete damage claim form where one is required by Elements. An additional Damage Administration fee of $75 will be applied for processing each damage claim. This fee applies to all damage claims regardless of whether the Hirer elects to use Elements Insurance Cover or has made their own travel insurance arrangements.
k) If any compensation is approved by Elements due to an accident, breakdown or equipment failure, Elements by agreement may reimburse the Hirer the proportionate daily rental rate for the period during which the Vehicle could not be used for it intended purpose. Please note that daily Insurance Cover costs will not be included in any compensation.
17. RETURN OF THE VEHICLE
a) The Hirer shall at or before the expiry of the Term of Hire, deliver the Vehicle (including Vehicle keys) to the Return Location stated in the Rental Agreement, or, subject to these Terms and Conditions, obtain Elements’ consent to the amendment or extension of the hire. (Note: No refund is available to the Hirer is the Vehicle is returned earlier than the Return Date specified in the Rental Agreement).
b) In the event of any unauthorised extension to the Return Date, Elements reserves the right to charge the current daily rate for each day until the Vehicle is returned and an additional late return fee of up to $500. In the event of any unauthorised change to the Return Location, Elements reserves the right to charge an additional relocation fee of up to $500.
c) Elements may charge the Hirer a cleaning fee of up to $250 if, in the reasonable opinion of Elements, the Vehicle is not returned in a clean and tidy condition.
d) Elements may charge the Hirer a fee of up to $500 for failure by the Hirer to empty the grey water from the Vehicle.
e) Except where the Hirer has pre-purchased gas or fuel, failure to return the Vehicle with full tank will result in a $20 administration fee in addition to the cost of refilling the fuel.
18. BREACH OF CONTRACT/TERMINATION
The Hirer agrees that Elements shall have the right to refuse any rental and/or terminate the hire and take immediate possession of the Vehicle, without notification to the Hirer, if:
(i)) the hirer fails to comply with any of the material terms and conditions of this Agreement, particularly clause 6 (Hirer’s Obligations);
(ii) the Hirer has obtained the Vehicle through fraud or misrepresentation
(iii) if the Vehicle is damage; or
(iv) in the reasonable opinion of Elements and/or the NZ Police the Authorised Driver(s) do not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk.
In such event the Hirer will: (a) not be entitled to a refund of part of the rental charges; and (b) be responsible for the payment of any towing costs to return the Vehicle to the Return Location plus a fee to cover the reasonable costs of Elements in arranging the return of the Vehicle up to a maximum of $100. The termination of the hire under this clause 18 shall be without prejudice to the other rights of Elements or the Hirer under this Agreement or otherwise at law.
19. PPSR (Personal Property Securities Act 1999)
a)) The following terms have their respective meanings in the Personal Property Securities Act 1999 – financing statement, interested person, register, proceeds, security agreement and security interest.
b) The Hirer acknowledges that:
(i) by hiring the Vehicle from Elements, Elements has a security interest in the Vehicle (and any proceeds) and that this Agreement may constitute a security agreement;
(ii) any security interest arising under this Agreement attaches to the Vehicle when the Hirer obtains possession of the Vehicle and not at any other time; and
(iii) Elements may perfect its security interest by lodging a financing statement on the PPSA register.
c) Elements does not need to give you any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
d) You must do anything reasonably required by Elements to enable Elements to register its security interest with the priority it requires, and to maintain the registration.
20. GENERAL PROVISIONS
a)) The Hirer acknowledges that Elements retains title to the Vehicle at all times. The Hirer must not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with the possession of the Vehicle.
b) Except as explicitly stated in this Agreement and the Consumer Guarantees Act 1993, Elements makes no warranties or other representations with respect to the Vehicle or services provided, and any implied warranties or representations are excluded.
c) All charges and expenses payable by the Hirer under this Agreement are due on demand by Elements including any collection costs and reasonable legal fees incurred by Elements.
d) The Hirer must not assign, transfer or novate this Agreement or any rights or obligations under this Agreement, without the prior written consent of Elements. The Hirer authorises Elements to sub-contract the provision of any of the services under this Agreement as Elements may require in its absolute discretion from time to time and at any time.
e) If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
f) This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, oral representations, warranties or agreement between the parties relating to the subject matter of this Agreement that have been relied on by the Hirer and Elements will have no liability to the Hirer under sections 9, 12AA, 13 or 14(1) of the Fair Trading Act 1986 if the Hirer hires the Vehicle in trade.
g) To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
h) In this Agreement, including and includes are not words of limitations.
i) The agreement does not create a relationship of principal and agent, joint venture, partnership or fiduciary relationship between the parties.
j) All references to “$” in this Agreement are to New Zealand dollars and include GST.
k) This Agreement is governed by New Zealand law.
22. DISPUTE RESOLUTION
a) If you have a complain about your Elements experience or if you have any feedback, our staff will use reasonable endeavours to rectify the error or resolve the issue.
b) If your concerns are not resolved to your satisfaction you may make a complain to Elements in person, over the telephone, by email or by post. Elements will then refer the matter to our internal complaint handling process.
c) Upon receipt of a Hirer’s complaint, Elements will acknowledge receipt of the complaint. Elements will try to resolve a Hirer’s complain at the time it is raised. However, if Elements needs to investigate a Hirer’s complaint further, Elements will investigate the matter and will aim to resolve the complaint or inform the Hirer what it is doing to resolve the complaint within 14 days of receipt of the complaint.
d) The time Elements spends investigating a complaint is determined by its seriousness and complexity. Elements if committed to resolving all complaints within 14 days of receipt of the complaint.
e) Once Elements has resolved any complaint with the Hirer, Elements will aim to finish all steps to deliver that resolution within 14 days. Elements will only implement a resolution once it has been accepted by the Hirer.
f) If Elements is not able to resolve a complaint within the timeframes set out above, Elements will contact the Hirer and explain the reason for the delay and give the Hirer a new timeframe for resolution.
g) If the Hirer is not happy with how the Hirer’s complaint has been resolved, the Hirer has a number of options. Elements may escalate the complaint and review the resolution the Hirer was offered. This may involve and escalation to the next level of management. There may be external dispute resolution options available to the Hirer and you may refer consumer law issues to New Zealand Consumer Affairs.
h) Complaints may be made and the progress of a complaint may be checked by contacting Elements by any if the following means:
(i) email: email@example.com
(ii) telephone: 0800 000 985