TERMS AND CONDITIONS

This rental agreement comprises the details of the hire and the terms and conditions below (Rental Agreement). The rental agreement is made between Denzel Car Rentals (Alofi, Niue), the Hirer identified in clause 1 (Hirer) and (if different to the Hirer) the card holder identified in clause 1 (cardholder), and sets out the terms on which Denzel Car Rentals agrees to rent the vehicle(s) identified in clause 3 (and any subsequent or replacement vehicle) (vehicle) to the Hirer. The Hirer and the Cardholder (if different to the Hirer) are jointly and severally liable for the actions of and the performance of the obligations of the Hire under this Rental agreement.

1.1 Denzel Car Rentals agrees to rent the vehicle, and the Hirer agrees to take on the rental of the Vehicle, on the terms set out in this Rental Agreement.
1.2 The terms of the vehicle starts and ends at the times set out in clause 3 of the Rental Agreement, subject to any extension or early return (Hire Term). Where the Vehicle is returned outside of Denzel Car Rental office hours, the Hirer remains responsible for the vehicle, including any damage until Denzel Car Rentals regains possession of the Vehicle when the location re-opens.
1.3 The Hire authorizes Denzel Car Rentals to amend clause 3 of the Rental Agreement at or before the time the Hirer picks up the Vehicle to insert or change the registration number of the Vehicle, and if necessary, to amend the Vehicle’s make and/or model (to what Denzel Car Rentals reasonable considers is an equivalent or better Vehicle) if Denzel Car Rentals reasonably considers this to be necessary.
1.4 The Hire agrees to pay bond for the vehicle before released and will receive full refund once vehicle is inspected once returned in the condition vehicle was released. If Vehicle is damaged in any way when returned (scratches, dents etc) bond will not be released. Hirer will be liable to pay for all damages to the Vehicle while Vehicle is under the Hirer’s possession.
1.5 Vehicle when released will have a full tank, Hirer agrees to return Vehicle back with a full tank as stated in clause 2.2.1.

2.1 The Hirer must pay the amount specified in clause 4 to Denzel Car Rentals at the time of or prior to picking up the Vehicle. Hire charges are calculated on a “per day” basis, consisting of each consecutive 24 hour period. If vehicle is returned earlier than scheduled, each day will be calculated and charged. If returned after new 24 hour period Hirer will be charged for that 1 day. Hirer will pay for late return of vehicle each consecutive day over consisting of each 24 hour period.
2.2 The Hirer must pay for all fuel used during the Hire Term. If the Hirer:
2.3 The hired Vehicle will have a full tank at the start of the hire, then the Vehicle must be returned to Denzel Car Rentals with a full fuel tank. If the Vehicle is not returned with a full fuel tank then the Hirer is liable to pay the then current price per liter to fill the fuel tank plus a $25 refueling fee.
2.4 The Hirer is also liable for the following costs in the following circumstances:
2.5 a $10 fee for each additional driver (other than the Hirer) named at clause 2 in this Rental agreement.
2.6 the replacement cost (at current retail replacement value) of any damaged, lost or missing accessories, keys or key cards;
2.7 the reasonable costs of vehicle grooming if any person smokes in or around the Vehicle or any animal is in the Vehicle Usually around $200);
2.8 the reasonable costs associated with cleaning the Vehicle’s interior or exterior if the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing;
2.9 the reasonable costs to repair and return the vehicle to a serviceable and usable condition, where the vehicle has been damaged by rocks, branches, or salt water. As a result of (but not limited to) flooded roads or from exposure to salt water or driving along bush tracks, off road rocky tracks. The usual minimum cost of any repair starts at $2,000, with more significant damage causing substantial loss or vehicle write-off, the Hirer will be liable for the total cost.
2.10 any call out fees charged by the Allstar Mechanical or arry other service provider for any non-mechanical breakdown or where the Hirer (or any other person) is at fault.
2.11 the then current daily rental rate on a per day basis for the Vehicle if the vehicle is returned after the expiry of the Hire term a addition a one off late fee of $250;
2.12 any fines incurred in relation to the Vehicle during the Hire Term, plus an administration fee of $25 to $50
2.13 reasonable relocation costs if the Vehicle is left at (or returned to) any location other than the location specified in clause 3 of the Rental Contract (usually between $500-$2000);
2.14 any damage or loss to the Vehicle or spare parts not recovered by Denzel Car Rentals.
2.15 processing fees apply to all credit card payments and all online debt Card payments. 2% for Visa and MasterCard use, 5% for American Express use. Note all processing fees are subject to GST.

3.1 Denzel Car Rentals will deduct, any costs or charges required to be paid by the Hirer under this Rental Agreement from the Hirer’s credit card during or after the Hire Term (and the Hirer agrees not to revoke this authority without the written consent of Denzel Car Rentals). Without limiting Denzel Car Rentals rights. Denzel Car Rentals will endeavour to contact the Hirer to discuss any such charges (other than rental charges) before making any deduction.

3.2 If the Hirer fails to pay any money due under or in connection with this Rental Agreement within 14 days of the due date for payment, Denzel Car Rentals may, without prejudice to any other rights or remedies Denzel Car Rentals may have, charge the Hirer an amout equal to the reasonable costs incurred by Denzel Car Rentals in connection with the collection of any unpaid money, including costs charged by any dept collection agency and any legal fees.

4.1 The Hirer must ensure that the Vehicle is only driven by the persons named at clause 2 of this Rental Agreement (each, an Authorized Driver). Each Authorized Driver must be at least 21 years of age and hold a current and valid full driver licence appropriate for the Vehicle.
4.2 All Authorized Drivers need to be present when the Vehicle is picked up and the driver licence of each Authorized Driver must be presented to Denzel Car Rentals at this time. If the licence is not printed in English then it must be accompanied by an English translation provided by a Nlue Police approved translator.
4.3 Denzel Car Rentals may choose to accept a restricted New Zealand driver licence at its own discretion, if it does so the Authorized Driver must only operate the Vehicle in accordance with the relevant restrictions. The Hirer acknowledges that not adhering to these restrictions Hirer will be liable to pay all fines and penalties by the Niue Police.

5.1 The Hirer must:
5.2 ensure that all reasonable care is taken when handling and parking the Vehicle;
5.3 ensure that the Vehicle is left securely locked when not in use;
5.4 If the Hire Term is more than 21 days, ensure the recommended levels are maintained in respect of water in the radiator, pressure in the tyres, coolant and oil. If any doubts contact Denzel Car Rentals for detailed instructions;
5.5 In respect of any accessories rented from Denzel Car Rentals: (a) take all reasonable care of such accessories: (b)not leave any GPS unit or other valuables in sight while the Vehicle is unattended; and (c) follow all safety and usage guidelines provided by the manufacturer or Denzel Car Rentals:
5.6 comply with rules in relation to child restraints and ensure that any child restraint is correctly installed in the Vehicle:
5.7 ensure that all Authorized Drivers are aware of and bound by these terms and conditions and carry their driver licence with them while driving; 11.8 notify Denzel Car Rentals as soon as practicable following any breakdown or damage to the vehicle.
5.9 ensure that a copy of this Rental Agreement is kept in the Vehicle throughout the Hire Term and is produced without delay for Inspection upon demand by an enforcement officer.
5.10 drive and care for the vehicle in a responsible manner at all times.
5.11 The Hirer must not:
5.12 Smoke (or permit anyone else to smoke) in or around the Vehicle;
5.13 permit any animal in the Vehicle;
5.14 instruct any person to interfere with any mechanical aspect of the Vehicle including, but not limited to, the distance recorder, speedometer, engine, transmission, braking or suspension systems of the Vehicle;
5.15 sublet or hire he Vehicle or any other person;
5.16 allow the Vehicle to be operated outside of his or her authority;
5.17 operate the Vehicle or allow it to be operated in an race, speed test, rally or contest;
5.18 operate the Vehicle or allow it to be operated in breach of he Land Transport Act 1998, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
5.19 operate the Vehicle or allow it to be operated for the transport of more than the number of passengers of more than the gross Vehicle mass specified in the certificate of leading for the vehicle;
5.20 drive or allow the Vehicle to be driven by any person, if at the time of driving, the driver is not an Authorized Driver, Vehicle; or
5.21 operate the Vehicle or allow it to tow or propel any other vehicle of more than the recommended tow limit, for the vehicle; or
5.22 use or allow the Vehicle to be used for the transport of passengers for hire or reward unless he vehicle is hired with the knowledge of Denzel Car rentals for use in a passenger service.
5.23 must not sit or place wet clothes on vehicle seats. Wet clothes are to be placed in a bucket provided in the trunk/boot of the vehicle or on the plastic liner provided.
5.24 must not drive around with doors open or boot/trunk open.
5.25 strictly no sitting on boot/trunk while vehicle is driving. No sitting on boot/trunk when wet.

6.1 Denzel Car Rentals will supply the vehicle in a Safe and roadworthy condition, up to current Certificate of Fitness standards.
6.2 Denzel Car Rentals may cancel this Rental Agreement (whether before or after vehicle pick up) and immediately repossess the vehicle in any of the following circumstances:
6.3 the Hirer is in breach of any material term of the Rental Agreement;
6.4 the Hirer has obtained the vehicle through fraud or misrepresentation;
6.5 the vehicle appears to be abandoned;
6.6 the vehicle is not returned on the agreed return date;
6.7 the vehicle is damaged or Denzel Car Rentals considers on reasonable grounds the vehicle is at risk of being damaged; or
6.8 Denzel Car Rentals or an enforcement officer considers on reasonable grounds that the Hirer’s driving(or the driving of any Authorized Driver) is likely to pose a real danger to themselves and/or any other person.
6.9 In the event of such cancellation and/or repossession the Hirer will not be entitled to a refund of any part of the rental charges. Termination of the Rental Agreement under this clause shall be without prejudice to the other rights of Denzel Car Rentals under this Rental Agreement or otherwise.
6.10 If Denzel Car Rentals cancels this Rental Agreement, the Denzel Car Rentals may disclose the Hirer’s personal information (and that of any Authorised Driver) to other relevant rental vehicle operators for the purpose of promoting safe driving in Niue Island.
6.11 The Hirer authorises Denzel Car Rentals to access and enter any premises owned or occupied by the Hirer and the Hirer agrees to make all reasonable efforts to also obtain the right for Denzel Car Rentals to enter any other premises in order to remove the vehicle for the purposes set out in clause 5.2. The Hirer will pay all reasonable costs incurred by Denzel Car Rentals in connection with repossessing the vehicle.

7.1The Hirer is liable for, and must pay to Denzel Car Rentals upon demand, the amount of:
7.2 Any loss of, or damage to, the Vehicle, any accessories or spare parts or any vehicles or property of third parties to the extent required by this Rental Agreement; and
7.3 Any consequential damage, loss or costs incurred by Denzel Car Rentals, including salvage costs, loss of ability to re-hire the Vehicle and loss of revenue.
7.4 Denzel Car Rentals is not liable for, and the Hirer releases Denzel Car Rentals and its agents and employees from, any action, claim, demand, loss, damage, costs, expense, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of the rental, possession, use or misuse of the Vehicle.
7.5 If vehicles is returned and found that seats are wet from not winding windows up when raining, or wet seats from sitting on with wet clothes, Hirer’s or cardholder’s bond will not be returned or payed out.

8.1 The Hirer may make its own insurance arrangements so long as the Hirer provides a copy of the insurance arrangements to Denzel Car Rentals and these are approved by Denzel Car Rentals prior to pick-up of the Vehicle.
8.2 If the Hirer uses its own insurance, the the Hirer accepts all liability for all relevant losses, costs and damages set out in this Rental Agreement.

9.1 All Vehicles are registered with roadside assistance by a local mechanical shop. The service providers will require the Hirer to pay the relevant call out fee a the time the breakdown is reported.
9.2 If the breakdown is mechanical and does not involve any error or fault of the Hirer or any other person (in the opinion of the service provider), the service provider will refund the relevant call out fee to the Hirer (for example engine faults, electrical faults, cooling system and related Vehicle recovery).
9.3 If the breakdown is non-mechanical or the Hirer is at fault (in the opinion of the service provider), the Hirer will be liable to pay the relevant call out fees charged by the service provider(for example being out of fuel or incorrect fueling, wheels and tyres, keys lost or locked inside Vehicle and flat batteries as a result of the lights or keys being left on).
9.4 If there is a breakdown, defect or mechanical failure of the Vehicle, the Hirer must notify Denzel Car Rentals as soon as practicable. If the Hirer fails to notify Denzel Car Rentals, the Hirer may be liable for any resulting damage or cost.
9.5 If a warning light appears in the Vehicle, the driver must stop driving immediately, contact the service provider for assistance and notify Denzel Car Rentals as soon as practicable.
9.6 If the Vehicle becomes unfit to drive due to a breakdown that was not the fault of the Hirer, Denzel Car Rentals will refund to the hirer the rental charges that relate to the period during which the Vehicle could not be used (and has not yet been repaired or replaced) and will arrange the repair or replacement with another vehicle as soon as practicable.
9.7 The hirer must not arrange or undertake any repairs without Denzel Car Rentasls’ prior authority, except to salvage the Vehicle to prevent further damage to the Vehicle or to other property. Where the hirer has had to pay to salvage the Vehicle, the hirer has the right to seek reimbursement of Salvage costs upon the production of an invoice or receipt to Denzel Car Rentals. The hirer will be reimbursed for the costs of repairs that have been authorized by Denzel Car Rentals and for which the Hirer is not liable upon the production of an invoice or receipt to Denzel Car Rentals.

10.1 The Hirer must:
10.2 Notify Denzel Car Rentals of the full circumstances of any accident or new damage to the Vehicle, its accessories or spare parts as soon as practicable after the accident or becoming aware of the damage; and
10.3 The Hirer acknowledges that the Hirer will be liable for all costs relating to any accident resulting damage to vehicle and any consequential loss.
10.4 If the Vehicle is involved in an accident, the Hirer also must:
10.5 Notify the Niue Police and Denzel Car Rentals and obtain a police report where practicable;
10.6 Not make any admission of liability;
10.7 Where possible, take some photos of the accident site and the damaged vehicles and provide these to Denzel Car Rentals; and
10.8 Complete the forms provided in the Rental Agreement folder to record the full details of all parties including witnesses and the vehicle involved in the accident along with the Hirer’s or Authorised Driver’s written statement and diagram of the accident circumstances.
10.9 If the Vehicle is rendered unfit to drive after an accident and Denzel Car Rentals is satisfied that the Hirer was not at fault, Denzel Car Rentals will arrange for the repair or replacement of the Vehicle as soon as practicable (and any replacement vehicle will be available for pick up from a Denzel Car Rental branch). If the Hirer was at fault, or fault cannot be determined at the time and the repair or provision of a replacement vehicle shall be at Denzel Car Rentals’ sole discretion. Denzel Car Rentals reserves the right to decline to offer any replacement vehicle. Denzel Car Rentals is not responsible for the costs of transporting the Hirer of any other person from the accident location to any other place.

11.1 The hirer is liable for all penalties, fees and fines incurred during the Hire Term relation to speeding, traffic, toll and/or parking offenses, including infringement fees for:
11.2 Speeding offenses, offenses in respect of failure to comply with directions given by a traffic signals.
11.3 Parking violations and vehicle parking in any portion of a road in breach of any bylaw of a road controlling authority.
11.4 in the event of receiving a notice of any speeding, traffic, in respect of the Vehicle relevant to the Hire Term, Denzel Car Rentals will send a copy of the infringement notice and copy of any reminder notice to the Hire within 5 working days of receipt of the infringement and/or reminder notice to the Hirer within 5 working days of receipt of the infringement and/or reminder notice.
11.5 The Hirer has the right to challenge, complain about, query or object to the alleged offence to the relevant issuing enforcement authority, and has a right to seek a court hearing within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice.
11.6 If Denzel Car Rentals receives an unpaid fine notice relating to the Vehicle during the Hire Term, Denzel Car Rentals will pay the outstanding fees (including any penalties) on behalf of he Hirer and will recover such amount plus an administration fee of $25 (for each unpaid fine reminder notice) from the Hirer’s credit card.
11.7 If the Hirer commits a speeding, traffic offence during the Hire Term, Denzel car Rentals will transfer the liability for the offense to the Hirer and Hirer authorizes Denzel Car Rentals to provide such necessary information to the relevant issuing enforcement authority for this purpose. Denzel Car Rentals may charge an administration fee of $50 to the Hirer’s credit card to cover the cost of transferring the offence to the Hirer and sending relevant notices to the Hirer.

12.1 The Hire Term of the Vehicle can only be extended after the time specified in the clause 3 with the agreement of Denzel Car Rentals and then only if it has been paid for in advance, Denzel Car Rentals will not extend hires where there a monies owing. If the Hirer wishes to extend the Hire Term, the Hirer must contact Denzel Car Rentals to request any such extension at least 24 hours prior to the expiry of the original Hire term. Denzel Car Rentals will endeavour to accommodate any extension requests, but all extensions are subject to vehicle availability. The daily rental rate for any extension of the Hire Term will be the daily rental rate applicable for the Vehicle at the time the Hirer requests the extension.

12.2 If the Hirer returns the Vehicle after the expiry of the Hire Term or extended Hire Term, the Hirer will be liable:

12.3 If the Vehicle is returned no more than 4 hours after its scheduled return time, to pay daily rental rate for the Vehicle.

12.4 If the Vehicle is returned more than 4 hours after its scheduled return time, to pay the then current daily rental rate on a per day basis for each day it is overdue. For the purposes of this Rental Agreement, “Hire Term” will include any unauthorized extension of the Hire Term where appropriate to reflect that the Hirer remains liable for the Vehicle and its operation (including any accessories and spare parts) until they are safely returned to Denzel Car Rentals

12.5 Where the Hirer has not returned the Vehicle to the location specified in clause 3 of the Rental Agreement, the Hirer will (in addition to any other applicable costs) be liable for the extended Hire Term costs until the time at which Denzel Car Rentals has retrieved the Vehicle and returned it to the intended return location.

13.1 The Hirer may return the Vehicle to the location specified in the clause 3 of this rental Agreement before the end of the Hire Term at its discretion. If the Hirer voluntarily returns the Vehicle (including keys, key cards and accessories) to the location specified in clause 3 of this Rental Agreement more than 24 hours prior to the expiry of the Hire Term, Denzel Car Rentals will subject to vehicle inspection:
13.2 Recalculate the total daily charge for the relevant Vehicle hire and other products for the shorter Hire Term at the daily rate that would have applied had such Vehicle and accessories been booked on the date of commencement of the hire for that shorter term (Adjusted Rental Amount); and
13.3 Refund the amount by which the total price paid by the Hirer exceeds the adjusted Rental Amount (if any) less an administration fee.

14.1 Any amendment to the Hirer’s booking must be approved by Denzel Car Rentals. If an amendment occurs and is approved, the rental rate applicable may be recalculated based on the then current applicable rental rate for the Vehicle.
14.2 The Hirer may cancel its booking of the Vehicle at any time prior to picking up the Vehicle by giving Denzel Car Rentals written notification, but will be liable to pay a cancellation fee to Denzel Car Rentals in accordance with this clause. If the Hirer notifies Denzel Car Rentals of the cancellation more than 24 hours prior to the scheduled time of pick up there will be a cancellation fee of 10% of the total charges for the Vehicle rental. If the Hirer notifies Denzel Car Rentals of the cancellation less than 24 hours prior to the scheduled time of pick up or does not collect the Vehicle at the scheduled time of pick up (l.e. is a “no show”, the cancellation fee is 100% of the total charges for the Vehicle rental that would have been associated with the booking.
14.3 Any amounts refunded to the Hirer under clauses 22 and 23 are subject to an administration fee to cover the cost of processing the refund of 10% of the refund due, or $20.00, whichever is higher.

15.1 Denzel Car Rentals has collected information from the Hirer for the purposes of assessing the Hirer’s request to hire a Vehicle and completing this Rental Agreement. The Hirer acknowledges that Denzel Car Rentals will collect, hold and use the Hirer’s personal information for purposes related to the hire of the Vehicle, the promotion of safe driving in Niue, the provision of related customer services, the performance of this Rental Agreement and assessing customer satisfaction with products and services provided by Denzel Car Rentals.
15.2 Denzel Car Rentals may disclose the Hirer’s personal information to is related companies, agents, assigns, associates and transferees for these purposes. In particular the hirer understands Denzel Car Rentals may choose to run a credit check using and disclosing the hirers personal information with third parties and third party databases, including Government agencies for a purpose related to the provision of credit ninistering an account with us.
15.3 Where the Hirer has voluntarily provided Denzel Car Rentals his or her driver license information, this may be disclosed to a credit reporting agency and the Ministry of Justice a part of the checks Denzel Car Rentals undertake with them. The Hirer understands that if Denzel Car Rentals discloses their personal information to a credit reporting agency, they may hold their information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose my information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.
15.4 The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies and/or the Hirer’s credit card provider in the event that the Hirer defaults on the payment of any monies wing to Denzel Car Rentals, or other parties involved in an accident with the Vehicle during the Hire Term or any organizations responsible for issuing, processing or handling speeding, traffic and/or parking related infringements and/or fines or any petrol stations in relation to non-payment for goods and services.
15.5 Denzel Car Rentals may use a GPS device or other electronic tools (GPS Tracking) to enable the geographical location of the Vehicle to be tracked or located. The Hirer consents to Denzel Car Rentals using GPS Tracking during the Hire Term, and collecting, using and retaining any information collected through GPS Tracking. Denzel Çar Rentals may use such information to locate stolen vehicles and may disclose such information to the relevant local authorities.

16.1 All transactions under this Rental Agreement are conducted in New Zealand dollars. Due to exchange rate fluctuations and bank charges there may be a variance between amounts charged and amounts refunded to the Hirer’s credit card. Denzel Car Rentals accepts no liability for any such variations.