Terms

Read our rental terms

The Rental Agreement comprises these terms and conditions and the rental document setting out the hire details which is provided with each vehicle at the point of hire (referred to in these terms and conditions as the "Rental Document"). The Rental Agreement is made between Wilberforce Offroad Limited (herein referred to as "the owner") and the person and/or company signing the Rental Document (herein referred to as "the hirer") whose particulars are recorded in the Rental Document. It is hereby agreed as follows:

VEHICLE DESCRIPTION AND TERM OF HIRE

  1. The owner will let and the hirer will take the motor vehicle, details of which are described in the Rental Document (herein referred to as "the vehicle"), for the term of hire as described in the Rental Document.

PERSONS WHO MAY DRIVE THE RENTAL VEHICLE

  1. The vehicle may be driven during the term of hire only by the persons named on the Rental Document or in a supplementary driver's sheet attached to the Rental Agreement, and only if they hold a current full valid driver's licence appropriate for the vehicle while they are using the vehicle. The hirer and any drivers need to be at least 25 years old.

PAYMENTS BY HIRER

  1. The hirer shall pay the owner for the hire of the vehicle the sum or sums specified in the Rental Document; and authorizes the owner to charge all amounts payable to the hirer's account. The hirer's account means a nominated debit card, credit card, or pre-arranged charge account.

  2. In addition to the payment specified in clause 3 above, the hirer acknowledges that they shall be liable at the end of the hire term to pay to the owner any applicable additional charges payable at the end of the term. These include, but are not limited to: a. A fee to cover additional drivers; b. Additional charges for distance driven (as specified in the Rental Document for every kilometre run); c. Charges for petrol or other fuel used (but not oil); d. Road user charges; e. Charges for the late return of the vehicle; f. Charges for cleaning the vehicle's interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke; g. Traffic and/or parking offence infringement fees; h. The administration fees as specified in the Rental Agreement; and i. Any surcharges in connection with the use of a debit or credit card by the hirer.

  3. The owner will charge the amounts set out in clauses 3 and 4 above to the hirer's account during or after the term of hire is completed, or the hirer may pay such charges as agreed with the owner, such choice to be at the owner's sole discretion.

  4. If the hirer fails to pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the hirer was required to pay the money, the owner may, without prejudice to any other rights or remedies the owner may have or be entitled to, charge the hirer and the hirer must pay all additional costs as outlined below: a. Interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days from the date on which the hirer was required to pay the money to the date of payment; b. All costs incurred by the owner for the collection of the unpaid money by a debt collection agency or other external or legal agency; and c. An administration fee of $50.

     

DIRECT DEBIT AUTHORITY

  1. Once the hirer places a booking online, the owner will set up a direct debit authority through GoCardless. Prior to the booking, the owner will take payment for the remainder of the booking cost. If there are any damages or fines, the owner will collect payment via the direct debit authority.

  2. The direct debit authority will remain in place for 30 days after the end of the booking to account for any additional charges, such as speeding tickets, parking tickets, or any other applicable fines.

CANCELLATION

If you wish to cancel your reservation for any reason, call us on 03 384 0843 and be ready to quote the information on the front of the Reservation Confirmation. Cancellation is not valid by any other method.

If the cancellation is made no later than midnight five (5) days before the date of your scheduled pick-up, a full refund will be made to you.

If you cancel your reservation within five (5) days of your scheduled pick-up, we will charge a Cancellation Fee of $70, including GST, to cover our administration costs.

For bookings made to rent in New Zealand, we will refund your prepayment in total, and the Cancellation fee will be charged to your preferred payment method within 14 days from the cancellation date.

No Show and Cancellation Policy

7.1. If you fail to cancel your reservation before the Pick-Up Time and do not collect the vehicle on the Pick-Up Date, or if you fail to comply with the Pick-Up terms, a No Show/Lost Rental Fee of $150 including GST will be charged. This fee covers our administration costs and compensates us for our inability to rent the vehicle when it was reserved for your use.

7.2. For all bookings, whether domestic or international, no refund will be provided if you fail to show up or comply with the Pick-Up terms. The No Show Fee will be charged to your preferred payment method within 14 days from the pick-up/no-show date.

7.3. To cancel a booking, you must contact us before the Pick-Up Time by calling 03 384 0843 or by emailing support@jimny.co.nz.

7.4. If you cancel your reservation within two (2) days of your scheduled pick-up, no refund will be processed.

CHANGES AT TIME OF PICK UP

If at the time of vehicle collection, you wish to rent a different car or rent for a longer period, you may do so, subject to availability, on payment of additional charges. Such charges will be quoted and may be at a higher rate than those previously quoted.

EARLY RETURN

Please note that we cannot refund you if you return the vehicle early.

USE OF THE VEHICLE

  1. The hirer shall not: a. Use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner's knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 ("the Act"); b. Sublet or hire the vehicle to any other person; c. Allow the vehicle to be used outside his/her authority; d. Operate the vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 or 58 of the Act (which relates to driving under the influence of alcohol or drugs); e. Operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them; f. 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; g. Operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle; h. Drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current full valid driver's licence appropriate for the vehicle; i. Drive or allow the vehicle to be driven on any roads excluded in clause 22(q) of these terms and conditions, or on any beach, driveway, track or surface likely to damage the vehicle; j. Allow the vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle; k. Operate the vehicle or allow it to be operated to propel or tow any other vehicle; l. Transport any animal in the vehicle (with the exception of guide dogs for visually impaired people); m. Operate or allow the vehicle to be used in involvement with any illegal activity; n. Allow any person to smoke in the vehicle; or o. Sleep/camp in the vehicle. 

Driving Behavior and GPS Immobilisation

9.1. The rental vehicle is equipped with a GPS system that monitors driving behavior, including speed and driving style.

9.2. If the vehicle is driven excessively fast or aggressively, the GPS system may activate an immobilisation feature that will disable the engine.

9.3. In the event that the engine is immobilised due to excessive speed or aggressive driving, the renter is responsible for all associated costs, including but not limited to, towing, recovery, and any damage that may occur as a result of the immobilisation.

9.4. The renter acknowledges and agrees to adhere to all traffic laws and driving regulations. Failure to do so may result in the activation of the immobilisation feature and termination of the rental agreement.

9.5. The owner reserves the right to terminate the rental agreement without refund if the vehicle is driven in a manner deemed unsafe or in violation of this clause.

HIRER'S OBLIGATIONS

  1. The hirer shall ensure that: a. All reasonable care is taken when driving and parking the vehicle; b. The water in the vehicle's radiator and battery is maintained at the proper level; c. The oil in the vehicle is maintained at the proper level; d. The tyres are maintained at their proper pressure; e. The vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer's personal control at all times; f. The distance recorder or speedometer are not interfered with; g. No part of the engine, transmission, braking or suspension systems are interfered with; h. Should a warning light be illuminated or the hirer believe the vehicle requires mechanical attention, they will stop driving and contact the owner immediately; i. All drivers authorized to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; j. Any authorised driver carries their driver's licence with them in the vehicle at all times and will produce it on demand to any enforcement officer; k. The vehicle is not driven by any person who at the time of driving the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle; l. The vehicle is not operated after any driver's licence appropriate for the vehicle has been suspended, endorsed or has expired; and m. The hirer and the driver of the vehicle both acknowledge that the owner retains title to the vehicle at all times. The hirer and the driver are not agents of the owner for any purpose and have no authority to bind the owner to any agreements or liability.

OWNER'S OBLIGATIONS

  1. The owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

  2. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of hire, except to the extent that by the terms of the Rental Agreement those costs are payable by the hirer. NOTE: By virtue of clause 4 of this agreement, the cost of petrol, tyres, puncture repairs and windscreen damage is the hirer's responsibility.

MECHANICAL REPAIRS AND ACCIDENTS

  1. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone immediately.

  2. The hirer shall not arrange or undertake any repairs or salvage without the owner's authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

  3. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.

RETURN OF VEHICLE

  1. (a) The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the location described in the Rental Document or obtain the owner's consent to the continuation of the hire.
    (b) Petrol and diesel vehicles must be returned with a full tank of fuel. Electric vehicles are required to be returned with a minimum of 75% battery charge.

  2. The owner shall have the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any terms of this agreement or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise.

INSURANCE

  1. The vehicle is insured under a policy of motor vehicle insurance (referred to as the insurance policy). Under the insurance policy, the hirer and any driver authorised to drive the vehicle are subject to a deduction (referred to as the excess) of up to NZD$2,000.00 (or other amount as specified in the Rental Document) in respect of any damage, loss or costs. The hirer will be liable to pay the excess amount of up to NZD$2,000.00 (or other amount as specified in the Rental Document) for any damage, loss or costs.

PREMIUM EXCESS REDUCTION

  1. Coverage and Benefits: By opting for the 'Premium Excess Reduction,' the Hirer agrees to pay an additional daily fee as specified in the Rental Agreement. This option reduces the standard excess payable by the Hirer in the event of an accident or damage to the rental vehicle to $500. The 'Premium Excess Reduction' includes the following additional coverages:

    • Tyre Cover: The cost of repairing or replacing tyres damaged during the rental period is covered.
    • Replacement Key Cover: In the event of a lost key, the cost of a replacement key is covered.

  2. Exclusions: The 'Premium Excess Reduction' does not cover:

    • The cost associated with delivering a spare key to the Hirer if the key is lost during the rental period and the Hirer is unable to access or use the vehicle.
    • Any other costs not explicitly mentioned under the coverage and benefits section.

  3. Claims and Reporting: Any incidents, including damage to tyres or loss of keys, must be reported to the Rental Company immediately. Failure to do so may result in the Hirer being liable for the full cost of repairs or replacements.

INSURANCE EXCLUSIONS

  1. The hirer acknowledges that the insurance policy excludes cover for: a. Damage to any property (including the vehicle) arising out of the use of the vehicle on any road that is not on the owner's list of approved roads for this vehicle; b. Damage to or loss of any personal belongings; c. Any damage to or loss of the vehicle or its accessories if it is used in any event in contravention of clause 8 of these terms and conditions; d. The first $2,000.00 (or other amount as specified in the Rental Document) for any damage, loss, or costs incurred during the period of hire; e. Any damage or loss if the vehicle is driven by a person not authorised to drive the vehicle under clause 2 of these terms and conditions; f. Any damage or loss if the vehicle is driven by a person not holding a current full valid driver's licence appropriate for the vehicle; g. Any damage or loss if the vehicle is driven by a person under the influence of alcohol or drugs; h. Any damage to or loss of the vehicle or its accessories arising out of the use of the vehicle in any off-road conditions; i. Any time when the driver of the vehicle is under the influence of alcohol or any drug; j. Any time when the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle; k. Any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs, that is the result of improper use of the vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle; l. Any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them; m. Any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle (unless the hirer is a body corporate or Department of State and the driver is authorised by them to drive, subject to all other terms and conditions in the Rental Agreement); n. Any time when the vehicle is driven by an unlicensed person; o. Any time when the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer's authority or control; p. Any time when the driver commits a traffic offence while driving the vehicle; q. Any time when the vehicle is loaded or is being loaded in excess of the manufacturer's specifications; r. Any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the vehicle; s. Any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law; t. Any fine or penalty imposed as a result of prosecution for breach of any law; u. Any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes; v. Any wear and tear to the vehicle; w. Any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000; x. Any overhead damage to the vehicle or to the property of any third party resulting from such overhead damage; y. Any time when the vehicle was being driven on any of the following roads: Skipper's Canyon (Queenstown), Ninety Mile Beach (Northland), or any unformed roads and/or roads other than tarseal or metal; including but not limited to beaches, driveways, 4wd tracks, riverbeds, farm tracks or any surface likely to damage the vehicle; or z. Any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the owner to the hirer.

HIRER'S LIABILITY

  1. The hirer acknowledges that: a. Subject to clause 19, he/she shall be liable for any loss or damage to the vehicle (including any accessories or spare parts), and any consequential damage, loss or costs incurred by the owner, as a result of any breach of the Rental Agreement or failure to comply with the terms of the Rental Agreement; and b. Subject to clause 19, he/she shall be liable for any loss or damage to third party property or consequential damage, loss or costs arising out of the use of the vehicle.

INDEMNITY

  1. The hirer agrees to indemnify and hold harmless the owner, its officers, employees and agents from and against all claims, actions, demands, losses, damages, expenses, costs and liabilities incurred as a result of any breach of the Rental Agreement or the failure to comply with the terms of the Rental Agreement.

TRAFFIC OFFENCES

  1. The hirer is liable for an administration fee of $30 if the owner receives a traffic infringement notice for an offence that the hirer committed, including speeding, parking, toll road or other road use charges during the period of hire. This fee will be charged in addition to the infringement fee.

GPS TRACKING

  1. The hirer acknowledges and consents to the use of GPS tracking technology in the vehicle for monitoring compliance with the Rental Agreement and for recovery purposes in case of theft.

GOVERNING LAW

  1. This agreement shall be governed by and construed in accordance with the laws of New Zealand.

DISPUTE RESOLUTION

  1. If any dispute arises in connection with this agreement, the parties agree to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved by negotiation, the parties agree to submit to mediation before resorting to litigation.