The Rental Agreement between YITU and You (Rental Agreement) is made on the date shown on the Rental Document in respect of the Vehicle and is made up of that Rental Document and these Terms and Conditions.  It sets out our responsibilities to You and Your responsibilities to YITU when renting a vehicle and any optional extras.

The Rental Agreement is between You and the Vehicle rental provider named on the Rental Document.

Depending on where and how You booked, Your booking may have been with another party.  They will have given YITU Your details so that YITU can provide You with a rental.

When does the Rental Agreement become legally binding?

The Rental Agreement will become legally binding when You sign the Rental Document when picking up the Vehicle from YITU.

If Your YITU Preferred customer membership terms allow, You may be able to collect Your Vehicle without having to sign a Rental Document. If this applies to You, the Rental Agreement will become legally binding when You collect the keys for the Vehicle from YITU (or any contact free option made available by them).

Please read all the documents carefully.  If You do not think You have received all the documents – or there is anything that You do not understand or agree with – please speak to a member of our team.

By entering into the Rental Agreement, You agree to be bound by the terms and conditions set out in:

• these Terms and Conditions;
• the Privacy Notice (Annexure A)
• Pricing Schedule (Annexure B)
• Electric Vehicle Terms and Conditions (Annexure C)
• (if applicable to You) the Pay Now Terms and Conditions (Annexure D)
• Where You cannot drive the Vehicle (Annexure E)

rent the vehicle identified as part of the Rental Agreement – and optional extras for the Pre-agreed Rental Period

pay the amounts described in the Rental Agreement

pay rental fees for any extension to the pre-agreed rental period – as well as any optional extras You agree to verbally

pay relevant administration charges, fees, theft, loss and damage costs (subject to any relevant excesses applying), toll charges, parking, traffic or other fines or charges, court costs and/or any other charges according to the terms of the Rental Agreement.

If You are offered the option to pay in a currency other than that stated on the Rental Document and choose to do so, the exchange rate used will be confirmed by YITU at Point of Sale (POS).

When you sign, you are agreeing for YITU to charge the above costs to your payment card.

The Pre-agreed Rental Period is the rental period indicated on Your booking or reservation.

The Pre-Agreed Rental Period may differ from the Rental Period: the Rental Period commences on the date shown on the Rental Document and ends on the date that You actually return the Vehicle to YITU.

IMPORTANT

Additional charges may apply if the Rental Period  does not match the Pre-Agreed Rental Period – see Clauses 5 (Return of the Vehicle) and 12.1 (Payments due at end of Rental Period)).

If the following applies, the Rental Period will be extended until the later of:

1. if you return the Vehicle to the pick-up location during normal opening hours, when You hand over the keys and any optional extras at the return location;
2. if You use the collection service, when You hand over the keys, any optional extras and YITU inspects the Vehicle with You at the collection location;
3. if You return the Vehicle to a location outside our normal opening hours, when You leave the Vehicle on site at our rental location.

Only You and any Additional Drivers are allowed to drive the Vehicle.

You are responsible for making sure all Additional Drivers comply with the Rental Agreement and You are responsible for any passengers that You, or any Additional Drivers, allow in the Vehicle.  You are responsible for any costs or charges YITU incurs because they (and as a result, You) do not comply with the Rental Agreement.

You may be charged for each Additional Driver. YITU will tell You in advance of any applicable charge for Additional Drivers.

When you join our Loyalty Program, YITU will require your signature.

Even if You are an existing member of our Loyalty Program, You may still need to sign the Rental Agreement and agree to the Vehicle Condition Report (if provided) as relevant to Your rental each time You pick up a vehicle.  For example, YITU may request Your signature in certain situations, such as a requested change in payment method or other change to your usual booking preferences.

Loyalty Program customers will be provided with a copy of their Rental Agreement (or given the opportunity to obtain a copy) before they pick up their Vehicle.

In circumstances where Loyalty Program customers do not expressly confirm their acceptance of the terms of the Rental Agreement provided to them, their collection of the Vehicle keys will be deemed as full acceptance of the Rental Agreement.

This section only applies if You have a corporate agreement with YITU (e.g., a corporate account or a discount number)

If You have pre-paid Your Vehicle booking, You have also agreed to the Pay Now Terms and Conditions. To the extent of any inconsistency between this Rental Agreement and the Pay Now Terms and Conditions, this Rental Agreement will prevail.

In these Terms and Conditions, capitalized words have a special meaning, as set out in this section.

‘Account’ means the debit card, credit card or YITU charge account to which Rental Charges are to be debited in accordance with the Rental Document;

‘Additional Driver’ means a person other than You who is:

a.      Your spouse or de facto partner;

b.      Your employer or fellow employee if it is disclosed by You to YITU that the Vehicle is rented for business purposes under a corporate agreement; or

c.      added to Your rental as an Additional Driver in accordance with Clause 2 (How to add an Authorized Driver to your Rental Agreement);

‘Additional Driver Fee’ means the fee payable by You to YITU for the addition of an Additional Driver;

‘Authorized Driver’ subject to Clause 2 (Driver), means You and any Additional Driver;

‘YITU’ means YITU Car Rental Limited trading as ‘YITU New Zealand’ (Company number: 6259987) or, where applicable, an independent YITU Car Rental System licensee or agent;

‘Code’ means the New Zealand Rental Vehicle Association Code of Conduct;

‘Collection Costs’ means YITU’ reasonable costs of collecting unpaid Rental Charges from You;

‘Electric Vehicle’ means a vehicle with an electric motor that is powered wholly by electricity;

‘Electric Vehicle Recharge Fee’ means the fee charged to You where an Electric Vehicle is returned with less than 77% battery charge in accordance with Annexure C – Electric Vehicle Terms and Conditions;

‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Document;

‘Excess Reduction’ means the product which we sell (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to the amount You have agreed with YITU;

‘Fair Wear and Tear’ means Fair Wear and Tear as described in the Fair Wear and Tear Guide available on our website at: https://yiturentalcars.co.nz/yitu-new-zealand-fair-wear-and-tear/

‘Fuel Service’ means the costs of fuel per litre plus YITU’ reasonable costs associated with arranging to fill the Vehicle with fuel;

‘GST’ has the meaning given by the GST Act or any replacement or other relevant legislation and regulations;

‘GST Act’ means the Goods and Services Tax Act 1985 (NZ);

‘Incident’ means an event during the Rental Period which is an accident, claim or other incident involving damage to or loss of the Vehicle or property of any other person in connection with the Vehicle or injury to any other person in connection with the Vehicle;

‘Inherent mechanical fault’ means a breakdown, malfunction or failure of the Vehicle’s engine or any other mechanical part of the Vehicle not caused or contributed to, by You or any other Additional Driver;

‘Late Return Fee’ means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with YITU under Clause 5.1(a) (How to return the Vehicle);

‘Loss Damage Waiver’ reduces Your financial responsibility for loss or damage to the Vehicle to the Excess Amount;

‘Loyalty Program’ means the loyalty program operated in accordance with the YITU Preferred Program accessible at https://www.yiturentalcas.co.nz/loyalty-profile/YITU-preferred;

‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual usually located in the Vehicle or accessible through the Vehicle’s infotainment systems;

‘New Zealand Consumer Laws’ or ‘NZCL’ means the Consumer Guarantee Act 1993 and Fair Trading Act 1986;

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, which YITU has reasonable grounds to believe is caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

‘Pay Now Terms and Conditions’ means the terms and conditions that apply to bookings for which payment for the Pre-Agreed Rental Period and any optional extras is made at the time of booking, set out at Annexure D – Pay Now Terms and Conditions;

‘Pay Now Booking’ means a booking for which the rental of a Vehicle and any optional extras are pre-paid at the time of booking in advance of the rental commencing;

‘Per Day Loss of Revenue Fee’ has the meaning set out in Clause 5.9 of these Terms and Conditions;

‘Personal Information’ has the meaning given to that term in the New Zealand Privacy Act 1993, or from 1 December 2020, the Privacy Act 2020 (as amended);

‘Pre-authorisation’ means a hold on an amount of money in the bank account connected with Your Account which will be on hold until a final payment for all amounts owing has been made by You for Your rental and other amounts owing by You;‘Privacy Notice’ means the privacy notice set out at Annexure A – Privacy Notice;

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Annexure B – Pricing Schedule or payable under this Rental Agreement;

‘Rental Document’ means the Rental Document setting out the particulars of the legally binding contract made between YITU and You or the person hiring the Vehicle and any Authorised Driver, including details of the Vehicle;

‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to YITU;

‘Roadside Assistance Cover’ means the provision of the roadside assistance services described in Clause 4 (When You will be charged for roadside assistance) for the Roadside Assistance Cover fee specified in the Annexure B – Pricing Schedule;

‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in Annexure B – Pricing Schedule;

‘Snow Cover’ means the product that YITU sells (if any) which reduces Your financial responsibility for loss or damage to the Vehicle when You drive in snow or as described in Clause 8.2 (When Loss Damage Waiver Will Not Apply), to Your liability as set out in Clause 8.1 (When Loss Damage Waiver Will Apply);

‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or another Authorised Driver which covers You or them while using the Vehicle as a substitute for the Vehicle insured under that policy;

‘Terms and Conditions’ means these Terms and Conditions of Rental;

‘Terrorist Act’ means as the term (or its’ derivative) is defined in the Terrorism Suppression Act 2002;

‘Underbody Damage’ means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where YITU has reasonable grounds to believe that the driver of the Vehicle is reasonably at fault for that damage;

‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices and all Accessories and contents supplied by YITU unless the context requires otherwise;

‘Vehicle Condition Report’ means the report setting out any pre-existing damage found on the Vehicle prior to the Rental Period;

‘Windscreen and Tyre Protection’ means the protection cover set out in Clause 4 (What damage does Windscreen and Tyre Protection cover?) and is available at selected locations and reduces Your potential liability to YITU for damage to the Vehicle’s windscreen, windows and tyres;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made; and

‘Zero Excess’ or ‘YITU SUPER COVER’ means the product which YITU sells (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to nil.

a.      the singular includes its plural and vice versa;

b.      words denoting any gender include all genders;

c.      where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

d.      headings are for convenience only and do not affect interpretation;

e.      a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;

f.       a reference to a party to this Rental Agreement includes its successors and permitted assigns;

g.      a reference to any agreement (including this Rental Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;

h.      a reference to a clause, paragraph, schedule or annexure is to a clause, paragraph, schedule or annexure in or to this Rental Agreement;

i.       a reference to this Rental Agreement includes any schedules and annexures to this Rental Agreement;

j.       a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;

k.      a reference to dollars or $ is to New Zealand currency;

l.       a reference to legislation (including subordinate legislation) or a provision of it is to that legislation or provision as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

m.     words such as including or for example do not limit the meaning of the words preceding them; and

an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them.

a.      Rental Document;

b.      these Terms and Conditions with Annexures;

c.      the terms and conditions for Your Loyalty Program; and

d.      the Vehicle Condition Report.

You agree and acknowledge that:

a.      only Authorised Drivers will drive the Vehicle; and

b.      All Authorised Drivers must and do hold a current and valid licence (not being a restricted licence, learner’s licence, provisional licence or probationary licence) to drive the Vehicle and have been licenced to drive Vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.

c.      You and Additional Drivers authorise and consent to YITU verifying Your driving licence status, details and records with local authorities in Australia or New Zealand (as applicable) including via Driver Check managed by the New Zealand Transport Authority.

d.      YITU may refuse to allow You or any Additional Driver to drive the Vehicle who:

i.       does not hold a valid and current driving licence for the entire Rental Period;

ii.      has not brought an international driving licence or official translation (if applicable);

iii.     has not held their licence for the minimum period required by the rental location;

iv.     has driving-related convictions; or

v.     who does not meet our reasonable identity, security, driving licence or credit checks

2.1      You are responsible for the acts and omissions of each Authorised Driver and any other person You or any other Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss and Damage Waiver option, Excess Reduction option or Zero Excess option (if accepted or included in Your Rental Charges) if You or any other Authorised Driver allows an unauthorised driver to drive the Vehicle and YITU has reasonable grounds to believe that unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third party.

How to add an Authorised Driver to Your Rental Agreement

2.2      To add an Authorised Driver, You may be required to pay the Additional Driver Fee. The additional Authorised Driver may be required to provide YITU a valid licence confirming the additional Authorised Driver is authorised to drive the Vehicle.

a. on beaches, in any sand, through streams;

b. through rivers or flood waters;

c. on fire trails;

d. on snow unless You use Snow Chains; and

e. in any location listed in Annexure E – Where You cannot drive the Vehicle.

3.4    Authorised Drivers must:

a.      not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind or operate the vehicle, or allow it to be operated, in breach of the Act, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;

b.      not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;

c.      not be under the influence of alcohol, drugs or have a blood alcohol or drug content that exceeds the legal limit in New Zealand in which the Vehicle is driven or as applicable to Your or their licence;

d.      not use or allow the Vehicle to be used to carry passengers for payment of any kind;

e.      not use the Vehicle when it is damaged or unsafe;

f.       provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including animals) until You have obtained YITU’ prior written consent to do so;

g.      not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and YITU’ recommendations;

h.      not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;

i.       not use the Vehicle to carry any inflammable substance which has a flashpoint under 22.8°C or any other explosive or corrosive substances without YITU’s prior written consent;

j.       not use the Vehicle to prepare, commit or assist in any criminal or Terrorist Act;

k.      unless in accordance with Clause 3.4(l) below, not allow the Vehicle to be used to push or pull anything without YITU’ prior written consent;

l.       not use the Vehicle for the conveyance or towing of any load unless:

i.       the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; and

ii.      the Vehicle is fitted with a tow bar and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and YITU’ recommendations;

m.    pay all tolls, parking charges, cleaning fees, fines and infringements incurred by any Authorised Driver relating to or in connection with the Vehicle;

n.      not use the Vehicle in contravention of any applicable law; and

o.      not register or claim to be entitled to register any security or other interest in the Vehicle under the New Zealand Personal Property Securities Act 1999.

a.      maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that YITU has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;

b.      keep the Vehicle locked and secure when it is unattended and take all reasonable precautions to safeguard the keys under Your or another Authorised Driver’s personal control or, keep the keys in a locked and secure environment at all times and out of sight when not in Your possession; and

c.      comply with all applicable seatbelts and child restraint laws.

4.3      Vehicles may be fitted with geo-location systems and tracking devices which can be used to open and close the Vehicle or track and record the geographical location, distance and speed of the Vehicle during the rental. They may also be used to immobilise the Vehicle if YITU has reasonable grounds to suspect the Vehicle is being used unlawfully or outside of the terms of the Rental Agreement. You agree that YITU can track and record Your location and Your use of the Vehicle.

Telematics data

4.4      You acknowledge that YITU may from time to time receive telematics data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude, latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice that the engine warning light has activated), braking, acceleration and cornering data.

4.5      YITU will provide 24 hour roadside assistance for all Inherent Mechanical Faults (as reasonably determined by YITU or its authorised repairer) at no additional cost (even if you have not purchased Roadside Assistance Cover) provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of Clause 3 (Where You can and cannot drive the Vehicle) (except in respect of Clause 3.4(n), (dealing with use of the Vehicle in contravention of law, for minor infractions).

When You will be charged the Roadside Callout Fee

4.6      For each roadside callout for a fault or Incident which YITU has reasonable grounds to believe is caused by Your act or omission, including (but not limited to):

a.      emergency refuelling up to an amount required to reach the nearest petrol station;

b.      damage to or failure to upkeep any tyre in accordance with the Manufacturer’s Specifications (unless You have purchased Windscreen and Tyre Protection);

c.      Electric Vehicle battery recharge;

d.      lost keys;

e.      keys locked in the Vehicle; or

f.      a flat battery due to lights or other electrical equipment being left on,

g.      You will be charged a Roadside Callout Fee unless You purchased Roadside Assistance Cover.

When Roadside Assistance Cover does not apply

4.7      If you have purchased Roadside Assistance Cover, it will not apply if the Vehicle has been used in breach of Clause 3 (Where You can and cannot drive the Vehicle) (save, in respect of Clause 3 (dealing with use of the Vehicle in contravention of law, for minor infractions) or in respect of any additional amount(s) payable under Clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

4.8      You must not have repairs to the Vehicle carried out unless YITU authorises You to do so in writing. YITU requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist YITU. YITU will reimburse You for any repairs to the Vehicle authorised by YITU in writing, provided that YITU can verify the cost of those repairs. To the extent that YITU cannot verify the cost of repairs, YITU will not reimburse You.

When will You be liable for professional cleaning?

4.9      If YITU has reasonable grounds to believe that You or another person has been using the Vehicle during the Rental Period in breach of Clause 3.4(h) (prohibiting smoking in the vehicle) or returned the Vehicle in poor condition (excluding Fair Wear and Tear); then You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by YITU (as set out in Annexure B – Pricing Schedule) and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

What damage does Windscreen and Tyre Protection cover?

4.10      Windscreen and Tyre Protection covers You for damage to Your Vehicle’s windscreen, front or back windscreens, and all side window glass and all tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e. hubcap, rim and alloy wheels) or damage to the Vehicle directly caused by Your breach of this Agreement, or for which You are liable by virtue of Clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

a.      at the place, on the date and by the time shown on the Rental Document unless You have informed YITU of a change prior to the return date and time and YITU has consented to the change (such consent not to be unreasonably withheld); and

b.      in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.

If You want to return the Vehicle to a different location

5.2 If You tell YITU that You wish to return the Vehicle to a location other than that stated on the Rental Document, YITU will advise You of the amount of the ‘One Way Fee’ that You will incur (unless Clause 5.6(a) applies to You). If You do not tell YITU in advance, You must pay a One Way Fee as set out in Annexure B – Pricing Schedule (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under Clauses 5.3 or 5.4 below.

If You do not receive our approval for a change to Your return of the Vehicle

5.3      If You:

a.      return the Vehicle at a later date or time than that shown on the Rental Document;

b.      return the Vehicle to a place other than that shown on the Rental Document; or

c.      do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document,

the rates shown on the Rental Document and set out in Annexure B may continue to apply for the additional rental days, including any One Way Fee and Late Return Fee. If You return the Vehicle to a place other than that shown on the Rental for return of the Vehicle will apply.

EXAMPLE: UNAPPROVED CHANGE TO RETURN OF VEHICLE

You agree to return the Vehicle to Auckland airport on 1 February.

If You return the Vehicle to Wellington airport, You will be liable for the One Way Fee.  If the One Way Fee is $2* per kilometre, you will be liable for $1,710 ($2* per km × 855km).

If you return the Vehicle on 3 February, you will be liable for payment for 2 additional rental days, as well as the Late Return Fee.  If the daily rate on Your Rental Document is $150*, You will therefore be charged for the Rental Period, plus $300 ($150* × 2 days), plus the Late Return Fee.

* These figures are examples only and may differ from actual charges and rates.

Returning the Vehicle earlier than agreed

5.4      If You return the Vehicle at an earlier date or time than that shown on the Rental  Document or otherwise agreed in writing with YITU, the rates shown on the Rental Document will not apply and You must pay the current daily rate that would have been applicable for the Vehicle for the Rental Period if hired for that period at those rates, which is likely to be higher than the rates shown on the Rental Document.

5.3      If you have pre-paid Your Vehicle booking, Clause 5.4 does not apply and You will not be entitled to a refund, but YITU may recalculate payment for the booking.

EXAMPLE: RETURNING THE VEHICLE EARLY

If You have PRE-PAID for the rental:

If You have PRE-PAID for the Vehicle booking in accordance with the Pay Now Terms and Conditions (Annexure D), You are charged the full amount for the Pre-Agreed Rental Period and will not get a refund for early return.

If You have NOT pre-paid for the rental:

If you agree to rent the Vehicle for seven days, but return the Vehicle after two days, then the daily rate calculated for the seven-day rental will not apply.

For example, if the daily rate for the seven-day rental was calculated at $100*, the total charge would be $700*.  If the daily rate for a two-day rental in those two days would have been $110*, You will instead be charged $220* for the two days of actual use (daily rate × 2).

** These figures are examples only and may differ from actual charges and rates.

When the vehicle must be immediately returned

5.6      Although We will try to contact You in advance where possible, YITU may request the immediate return of the Vehicle or YITU may recover the Vehicle without informing You in advance if:

a.      the limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘One Way Fee’ becomes payable by You;

b.      the Rental Period expires without satisfactory arrangements having been made by You with YITU; or

c.      YITU has reasonable grounds to believe that:

i.      the Vehicle has been or will be used for an unlawful purpose;

ii.      damage to the Vehicle, or injury to persons or property has occurred; or

iii.      the Vehicle has been or will be used in an industrial dispute.

5.7      If Clause 5.6(a) above applies to You, YITU will exercise its rights under that clause if YITU is unable to contact You within three (3) days after unsuccessfully attempting to debit the Rental Charges.

a.      after written communication with You and if the location of the Vehicle is unknown, YITU may report the Vehicle as lost or stolen to the police; and

b.      You must pay YITU all Rental Charges (including additional Rental Charges) and compensate YITU in accordance with Clause 7 (Liability for Loss or Damage) for any loss YITU actually incurs (including all reasonable additional costs YITU incurs in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered by YITU, except for losses caused or contributed to by YITU.

c.      YITU will use reasonable endeavours to mitigate any loss suffered under this Clause 5.8.

5.10      Calculation of the per day loss of revenue fee in Clause 5.9 above will be calculated in accordance with the daily rate for that period (shown in Your Rental Document) multiplied by the number of days of downtime, including any applicable GST.

5.11      If You are charged for downtime of the Vehicle in accordance with Clause 5.9, YITU will inform You seven (7) days in advance before Your Account is debited.

5.13      If YITU is unable to contact you within five (5) days after the designated drop off date and time for the Vehicle shown on the Rental Document or any extended date or time agreed with YITU in writing, then YITU will proceed to exercise its rights under Clause 5.7 above.

a.      You drive the Vehicle 120 or more kilometres during the Rental Period;

b.      You do not select the ‘prepaid fuel option’ in the Rental Document where that option is available; and

c.      You return the Vehicle with less fuel in the Vehicle than the Vehicle had when You rented it; You must pay YITU the Fuel Service fee amount per litre as set out in the Rental Document. The Fuel Service includes the cost of fuel and all other costs associated with arranging to fill the Vehicle with fuel.

6.4      For the purpose of Clause 6.3 above the fuel level of the Vehicle at the time You rent it and at the time You return it to YITU is determined by visual or electronic inspection by YITU of the Vehicle’s fuel gauge, and the kilometres driven, however if a Fuel Service fee amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when You rented it.

a.      to compensate YITU for any damage to or loss of the Vehicle, including any Incident, hail, flood or storm related damage or theft of the Vehicle, which YITU has reasonable grounds to believe has occurred during the Rental Period (including by reference to the Vehicle Condition Report); and

b.      for damage to third party property which YITU has reasonable grounds to believe is caused or contributed to by You or another Authorised Driver or any person You or another Authorised Driver allow to drive the Vehicle and to the extent permitted by applicable law, YITU will not be responsible for such liability.

7.2      If, acting reasonably, YITU accepts that the loss or damage referred to in Clause 7.1 above was not Your fault, You will not be liable to compensate YITU provided You comply with the process set out in Clause 11 (Claims and proceedings and what to do if there is an Incident) for dealing with an Incident and:

a.      You are resident in New Zealand;

b.      You provide YITU with the following details of the Incident:

i.      the name, residential address, contact phone and licence number of any person involved;

ii.      the name of any insurer of any third party You believe was at fault;

iii.      the registration numbers of all vehicles involved;

iv.      an accurate description of the Incident and location;

v.      the names of any attending police officers and the stations at which they are based; and

vi.      YITU reasonably believes that it will recover the amount of loss or damage from a third party.

Damage that is YITU’ fault

7.3      YITU is liable for any damage to or loss of the vehicle that is our fault. This includes:

a.      any failure on our part to properly maintain the Vehicle; and

b.      loss or damage directly due to our negligence.

a.      You pay the Excess Amount (where applicable and subject to “Basic Insurance” $3000 excess for standard fleet group and $5000 for LUX fleet group or “YITU Super Cover” zero excess, if any) stated on the Rental Document for each separate event or Incident involving:

i.      damage (include hail, flood or storm damage) to, or loss of, the Vehicle; or

ii.      damage which is caused by an Authorized Driver or anyone else during the Rental Period.

a.      Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if You or any other person driving the Vehicle come into contact with something including, but not limited to, a bridge, a tunnel, a tree, or the roof or boom gate of a car park; or damage, including but not limited to, the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds) which YITU has reasonable grounds to believe is caused by You and not attributable to Fair Wear and Tear;

b.      water damage for which YITU has reasonable grounds to believe that You or any other person driving the Vehicle drove the Vehicle in a manner that resulted in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to saltwater including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers;

c.      damage to the Vehicle for which YITU has reasonable grounds to believe that You or any other person driving the Vehicle have caused owing to a breach of any of Clause 3 (Where You can and cannot drive the Vehicle), 4.1 (Your Vehicle care obligations), 4.8 (Can You make Your own arrangements for repairs?) or 6.1 (What kind of fuel to use in the Vehicle) (save, in respect of Clause 3.4(n) (dealing with use of the Vehicle in contravention of law, for minor infractions) by You or any other person driving the Vehicle;

d.      damage to a tyre or an Accessory not attributable to Fair Wear and Tear that YITU has reasonable grounds to believe is caused deliberately or recklessly by You;

e.      theft of the Vehicle, even if You report the Vehicle as stolen to the police immediately on becoming aware of the theft, provide full details of the theft and provide a copy of the police report to YITU as soon as You receive it and complied with the procedure for Incidents set out in Clause 11 (Claims and proceedings and what to do if there is an Incident), except where We recover the Vehicle and You are only liable for a lesser amount under these Terms and Conditions; or

f.      loss or damage to Your property, the property of a member of Your immediate family or of a person related to You or a person residing at Your premises if YITU has reasonable grounds to believe that such loss or damage is caused by a breach of these Terms and Conditions by You.

For the purposes of this Clause 8.2, any reference to You includes an Authorized Driver and any person You or another Authorized Driver allow to drive the Vehicle.

8.3      YITU will use reasonable endeavors to mitigate its losses charged to You under Clause 8.2 (When Loss Damage Waiver will not apply).

a. You use appropriate driving equipment (such as snow chains) suitable for the Vehicle, which You obtained from us or which we approved as to be used by You when You pick up the Vehicle; and

b. It is otherwise reasonably safe and responsible to drive the Vehicle on snow in the circumstances and weather conditions.

9.2      Ski Equipment may be available for hire as an optional extra from the pick-up location, but it is not guaranteed.

9.3      YITU will inform You of the cost of Ski Equipment applicable to Your rental at the time of booking or before Your payment for it at the pick-up location.

9.4      If Ski Equipment is not available from the pick-up location and You use your own or other rented ski equipment, fastening such ski equipment to the Vehicle or on the Vehicle’s roof rack is subject to YITU’ inspection and approval (not to be unreasonably withheld) and compliance with Manufacturer’s Specifications for use on the Vehicle.

9.5      It is Your responsibility to safely secure all Ski Equipment to or on the Vehicle in accordance with the Manufacturer’s Specification before commencing transportation. YITU will not be liable for any damage or other loss caused to Ski Equipment that is not securely fastened on the Vehicle or the roof rack of the Vehicle.

10.1      YITU will debit Your Account with the Excess Amount if;

a.      You must pay the Excess Amount under Clause 8.1(a) (Waiver of Liability); or

b.      fault has not been determined but YITU has reasonable grounds to believe You are the party at fault; or

c.      You have not provided information required by Clause 7.2 (Damage that is not Your fault) or Clause 11 (Claims and proceedings and what to do if there is an Incident); or

d.      You are not ordinarily a resident in New Zealand.

What happens if there is more than one damage Incident?

10.2      Where You are liable under Clause 8.1(a) (Waiver of Liability) for the Excess Amount, one Excess Amount for each separate damage Incident will be debited by YITU. The Excess Amount will be debited at the time of loss of, or damage to, the Vehicle and or damage to the property of any third party.  For the purposes of this Clause 10.2, one damage Incident includes all types of damage suffered by a Vehicle simultaneously or nearly simultaneously owing to that Incident.

DAMAGE INCIDENT EXAMPLE

If You reverse the Vehicle into the barrier of a bridge and the Vehicle consequently falls into a river under the bridge, any damage to the panels owing to reversing into the bridge and water or other damage associated with the Vehicle falling into the river will fall under the Excess Amount for ONE damage Incident.

If, later that day, You are in a rear end collision while driving the Vehicle, the rear end collision will amount to a separate damage Incident for the purposes of calculating how many Excess Amounts are payable under Clause 10.2.

Can the Excess Amount be refunded?

10.3      If YITU subsequently comes to a reasonable belief that a third party or the insurer of a third party will pay YITU for the loss or damage to the Vehicle or YITU receives such payment and it is in excess of the Excess Amount, YITU will, within a reasonable period of time of forming that belief or receiving such  payment, refund You the amount received or to be received up to the Excess Amount.

10.5      For the purposes of Clauses 10.5 to 10.8, ‘Recovery Cost’ means, in relation to the loss of, or damage to, the Vehicle the sum of:

a.      any appraisal fees actually and reasonably incurred by YITU;

b.      any retrieval, towing and storage costs actually and reasonably incurred by YITU; and

c.      a reasonable administrative fee actually and reasonably incurred by YITU which is charged to YITU for the cost of making arrangements for retrieval, towing and repairs, and other administrative activities.

Payment of Recovery Cost

10.6      If any of Clauses 7.1 (When You are liable for loss and damage), 8.1 (Waiver of liability) or 8.2 (When the waiver will not apply) apply, YITU will inform You in advance of the Recovery Cost. You must pay to YITU, or You authorise YITU to debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending YITU’ reasonable preliminary assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your rights under Clause 10.10 (Right to a refund).  YITU will inform You in advance of an applicable charge under this Clause 10.6.

10.7      For the purposes of calculating any refund under Clause 10.10 (Right to a refund), YITU will add the Recovery Cost to the amount of the costs of damage and repair to the Vehicle.

10.8      If Clause 7.1 (When You are liable for loss and damage) applies, and if the total of the Recovery Costs and the costs and fees that You must pay under Clause 8.1 (Waiver of liability) is greater than the Excess Amount, You must pay the Excess Amount to YITU, or YITU may debit Your Account with that amount.

10.9      Where You are required to pay YITU under Clause 7 (Liability for loss or damage), the amount You must pay for any loss, damage, repair, cost, or fee:

a.      may be reasonably determined by YITU; and

b.      in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.

Right to a refund

10.10      If the amount reasonably determined by YITU and paid by You under Clause 10.6 above exceeds the final cost of the loss, damage or repair, YITU will refund the difference to You within a reasonable period of time.

Details which YITU must provide

10.11      YITU will provide details to You of the final cost of the loss, damage or repair on request by You and within a reasonable period of time. These details will include supporting documentation as such as copies of the Recovery Costs, repair invoices and photos of damage if YITU is required to provide these under the Code.

If the Vehicle is stolen 

10.12      If You report the Vehicle as stolen to YITU and to the police in accordance with these Terms and Conditions and Clause 8.1 (Waiver of liability) applies to You, YITU will debit Your Account for the Excess Amount. YITU will initiate inquiries with the relevant authorities with a view to recovering the Vehicle. If the Vehicle is recovered, YITU will refund the Excess Amount less Recovery Cost and any amount for damage arising from the condition in which the Vehicle is found, which is not recovered from a third party.

LIABILITY FOR THEFT EXAMPLE – WHERE WAIVER OF LIABILITY APPLIES

In a scenario where the Excess Amount is $5,000, and the Vehicle is recovered three days after the theft with damage worth $100, and Recovery Costs amount to $400 You will be refunded $4,500.

If the vehicle is not recovered, You will remain liable for the full $5,000 to compensate for the Vehicle’s value.

* These figures are examples only and may differ from actual charges and rates.

10.13      If You have not complied with these Terms and Conditions or Clause 8.1 (Waiver of liability) does not otherwise apply to You, Your liability for a stolen Vehicle will be greater than that set out in Clause 10.12 above.

a.      promptly report the Incident to the local police (if required by applicable law and in compliance with that law);

b.      promptly report the Incident in writing to YITU and in any event within 24 hours after it;

c.      do not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You or another Authorised Driver are required to provide a statement to the police;

d.      permit YITU, or its insurers at their own cost to bring, defend, and force or settle any legal proceedings against a third party in Your name or in the name of another Authorised Driver in relation to the Incident;

e.      permit YITU or its insurers to claim in Your name or that of another Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause that Authorised Driver to assist, YITU in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to YITU; and

f.      complete and furnish to YITU or its insurers within a reasonable time any additional statement, information or assistance which YITU or its insurers may reasonably require, including attending a lawyer’s office and at Court to give evidence.

11.2      YITU will meet the reasonable out of pocket expenses of You or another Authorised Driver in complying with clauses 11.1(d), 11.1(e) or 11.1(f) above.

a.      benefit from any of our insurance policies as an insured; or

b.      require YITU or its insurers to defend, settle or otherwise act on Your behalf for any claim brought against You by others.

12.1 At the end of the Rental Period, You authorise the debit of Your Account by YITU to pay:

a.      all Rental Charges;

b.      any amount paid or payable by YITU or You to any person arising out of Your use of the Vehicle or imposed on You or YITU by any government or other competent authority;

c.      the replacement cost as reasonably incurred by YITU for a lost or stolen Accessory or keys;

d.      any card surcharge payable for the method of payment You choose to use for Your Account; and

e.      any amount which You reasonably owe to YITU under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. YITU will provide to You information containing detail about any amount payable under this Clause 12.1, including a justification with respect to the amounts charged and how these amounts have been calculated.

f.      such payment to be adjusted for any payment made at an earlier date pursuant to the Rental Document.

YITU may adjust Rental Charges

12.2      Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by YITU. If YITU reasonably determines that a Rental Charge should be adjusted to comply with these Terms and Conditions, YITU will provide details to You using Your contact details supplied to YITU before such Rental Charge is made.

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

a.      Time: one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to Clause 5.4 (Returning the Vehicle earlier than agreed)); and

b.      Kilometres: the amount payable for the number of kilometres driven during the Rental Period.

Distance charge

12.4      Distance charges including the number of kilometres driven are measured by the Vehicle’s odometer.

12.7      Further to Clause 12.6, if an amount is payable under Clauses 12.1(c) or (e) above, YITU will not debit Your Account during the Notice Period. You authorise YITU to charge and debit from Your Account all amounts that remain undisputed at the end of the Notice Period payable to YITU under Clauses 12.1(c) or (e).

Our process for contacting You about an overdue payment

12.11      Prior to exercising rights under Clause 12.10 above, YITU will attempt to call You on Your contact number recorded on the YITU system to discuss whether an alternative to the payment method listed on Your Account is required before referring the matter to third party debt collectors.

13.2      Subject to Clauses 5.2 to 5.7 (Return of the Vehicle) and Clause 12.3 (Minimum rental charge), You may terminate the Rental Agreement at any time by returning the Vehicle to YITU.

13.3      YITU may terminate the Rental Agreement if the vehicle is in “Unable to drive” condition cause by the hirer’s fault in a car accident.

13.4     YITU may terminate the Rental Agreement if YITU is required by the police or other regulatory authority to take possession of the Vehicle from You.

In the event of such termination or repossession the hirer has no right to a refund of any part of the rental charges. The Termination of the hire under this clause shall be without prejudice to the other rights of YITU under this agreement or otherwise.

15.2      If YITU cannot respond within fifteen (15) working days, YITU will let You know as soon as reasonably practicable (and within fifteen (15) days after receiving Your complaint) of the estimated response date.

15.3      Your complaint will be reviewed by an YITU representative who:

a.      has appropriate experience, knowledge and authority; and

b.      is different from the person or persons whose decision is the subject of the complaint.

15.4      YITU’ response to the review of a customer’s complaint will be in writing and will include:

a.      the final decision in relation to the complaint;

b.      the reasons for that decision; and

c.      the right to take the dispute to external dispute conciliation.

15.6      YITU will participate in the dispute resolution process in good faith, including by being represented by an employee or representative who has sufficient authority to negotiate and agree an outcome with You. YITU will comply with any directions made by the New Zealand Rental Vehicle Association for the conduct of the conciliation. YITU will seek to resolve the matter with You during the conciliation and will consider any recommended resolution.

16.2      Nothing in these Terms and Conditions applies where it would exclude, restrict or modify any right or remedy that You may have under the New Zealand Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

16.3      Notwithstanding anything to the contrary in these Terms and Conditions, if You acquire goods (other than goods acquired for the purpose of resupply) or services from YITU as a consumer, they come with statutory guarantees under the New Zealand Consumer Law that are not excluded by any term of these Terms and Conditions.

a.      to cancel your service contract with us; and

b.      to a refund for the unused portion, or to compensation for its reduced value.

c.      You are also entitled to choose a refund or replacement for major failures with goods.

16.6      You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

19.2      You must not provide YITU with any Personal Information of another individual unless You first make them aware of the Privacy Notice (ANNEXURE A) and have their consent to YITU.

• Make and confirm your rental reservation;
• Provide our rewards program and update partner points and rewards;
• Connect with your corporate and commercial accounts;
• Assist with navigation assistance or itinerary planning;
• Provide customer assistance;
• Resolve toll, traffic or parking violations;
• Processing any claims relating to accidents and/or injuries;
• Providing roadside assistance services;
• To protect or defend the rights or well-being of us, our employees, customers or others;
• Verify safe driver criteria for qualified drivers.

• Performance of Contract;
• Legitimate Interests;
• Legal obligation;
• Consent; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Make and confirm your rental reservation;
• Process payments and refunds;
• Assist with navigation assistance or itinerary planning;
• Provide customer assistance;
• Providing roadside assistance services;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract;
• Legitimate Interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Verify drivers licences or other government identification.
• Verify eligibility to use designated account and discount codes;
• Connect with your corporate and commercial accounts.

• Performance of Contract;
• Legitimate interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Make and confirm your rental reservation;
• Process payments and refunds;
• Provide customer assistance;
• Handle debt collection;
• Fraud check.

• Legitimate Interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Make and confirm your rental reservation.
• Verify eligibility to use designated account and discount codes;
• Process payments and refunds;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract;
• Legitimate Interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Process payments and refunds;
• Fraud check;
• Handle debt collection.

• Performance of Contract;
• Legitimate Interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Performance of Contract;
• Legitimate interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Provide our rewards program and update partner points and rewards;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract; Legitimate Interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Support our IT systems and infrastructure;
• Provide maintenance services for our IT systems and infrastructure;
• Provision of data hosting and other data processing services;
• Provide analytics services relating to your use of our website to identify any technical or user interface issues and/or improvements in connection with the website

• Legitimate interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• To verify your driver’s licence and ensure you meet our safe driver criteria;
• As requested by these agencies if the disclosure is required or permitted by law;
• To take action regarding illegal activities, traffic offences or violations of terms of service;
• If we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; and
• As otherwise required or permitted by law.

• Legal requirement;
• Legitimate interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Provide and service the product or coverages you have requested;
• Manage any claims that may be made under the relevant insurance policy

• Performance of contract;
• Legitimate interests; or
• YITU may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

1.4      The credit or debit card used for the Pay Now Booking must be presented at the time of collection of the Vehicle.

What happens if the details do not match?

1.5      If the name on the driver licence and credit/debit card presented to YITU at the time of collection do not match the name on the booking, this may be deemed by YITU as a non-permissible change to Your Pay Now Booking and Avis may cancel and ask You whether You would like to re-book a booking at the current daily rate. If Avis cancels the booking for this reason, You may be required to pay the applicable cancellation fees set out in the Pricing Schedule (see Clauses 4.4 to 4.6 of these Pay Now Terms and Conditions (Cancelling Your Booking or failing to collect the Vehicle) for more information.

2.2      Any optional extras that have been pre-booked but cannot be or are not pre-paid must be paid for on pick-up of the Vehicle.

2.5      Non-pre-paid charges for Pay Now Bookings will be processed after the completion of Your rental and, if any, the unused portion of the Pre-authorisation amount will be released. An electronic message to Your bank will be sent on the day you return the Vehicle requesting the release of any excess holding amounts under the Pre- authorisation. The time it takes for this to be reflected on your statement may vary depending on your bank.

3.2      If YITU and You agree to the change and any additional changes that may apply, then YITU will send You a revised booking confirmation email confirming Your new booking details and new amount to be paid to Your email address recorded on the YITU system.

3.3      You should retain your reservation confirmation number as it is necessary to evidence any modifications and what is agreed.

4.2      Depending on when You cancel, You will be charged a cancellation fee or no-show fee (see below). If the value of the booking is less than the cancellation fee, you will not be charged any further amount and will not be entitled to any refund.

4.3      You should retain your reservation confirmation number, as it is necessary for evidence any cancellations and what is agreed. Modifications or cancellations to your Pay Now Booking must be made on by calling reservations on 0800 948 888 or email [email protected].

5.5      Vouchers or YITU rental certificates cannot be used to offset charges for any Pay Now Booking.

5.6      Any YITU or other gift card cannot be used to offset charges for Pay Now Bookings.

6.2      Your total rental charges are calculated based on the information provided at time of booking.

a.      does not hold a valid and current driver licence for the entire Rental Period;

b.      has not brought an international driving permit or official translation (if applicable);

c.      is not fully licensed or who has not held their driver licence for the minimum period required by the rental location;

d.      has driving-related convictions; or

e.      who does not meet our reasonable identity, security, driving licence or credit checks.

f.      YITU may refuse to rent the Vehicle to You and cancel the booking if YITU has reasonable grounds to believe You or any Additional Driver fail any of the checks in Clause 7.2 above. You will not be entitled to any refund of prepaid

g.      charges if the booking is cancelled because of Your failure to meet these eligibility requirements.  This does not detract from your rights as a consumer under applicable consumer protection legislation, including the New Zealand Consumer Law.