EPIC CAMPERS LIMITED TERMS AND CONDITIONS
This document is an agreement made between Epic Campers Limited (“the Operator’) and the Hirer whose particulars are recorded on page 1 of this agreement ('the Hirer'). It is hereby agreed that:
Vehicle description and Term of Hire
1. The Operator will let, and the Hirer will take the motor Vehicle and associated equipment, details of which are set out on page 1 of this agreement (”the Vehicle'), for the Term of Hire as described in this agreement.
Persons who may drive the Vehicle
2. The Vehicle may be driven during the Term of Hire only by the persons named or described in this agreement and only if each person holds a current full driver licence appropriate for the class of vehicle in this agreement. The licence details are recorded in the agreement alongside each person's name and address. If the foreign driver licence is not in English, an English translation (from an NZTA authorised translation service) or international driving permit shall be carried with the foreign driver licence.
Payments by Hirer
3. The Hirer shall pay the Operator for the hire of the Vehicle the sums specified in this agreement. At time of booking a non-refundable 20% (or $200, whichever is greater) deposit is payable which secures the booking. The balance shall be due 30 days prior to commencement of the hire. If the balance is not received by the due date, the Operator reserves the right to treat the booking as cancelled. If the Term of Hire is later extended the Hirer shall pay the Operator for the additional hire period when the Operator confirms the extended period. A credit card administration fee of 2.5% applies for the use of Visa and MasterCard credit and debit cards for payment. The credit card administration fee will not be refunded if the Hirer cancels the booking.
4. In addition to the payment specified in clause 3 above, the Hirer acknowledges liability at the end of the hire period to pay the Operator any applicable additional charges payable at the end of the term as outlined In Clauses 20 and 21 and, for diesel vehicles, RUC recovery fee of $0.05/km. The Operator will deduct such charges from the Hirer's credit card during or after the Term of Hire is completed, or the Hirer may pay such charges as agreed with the Operator, such choice to be at the Operator's sole discretion.
5. All payments shall be made In New Zealand Dollars.
6. Rates include GST and hire days are calculated on a calendar basis. Part days at the start or end at of the hire are charged at the full daily rate.
7. Late pick up or early return of the Vehicle shall not entitle the Hirer to any refund of the unused portion of the hire.
8. The Hirer agrees to pay the relevant Bond amount for the excess reduction option chosen at the start of the hire. The Hirer authorises Epic Campers to deduct any additional bond or excess due in part or in full immediately upon Epic Campers becoming aware of an incident or accident involving the vehicle;
9. Subject to (A-H) below: The Bond is fully refundable provided the Vehicle is returned on time, on the agreed date and to the return location, undamaged with a clean interior and with a full tank of fuel.
a) to deduct from the Bond any amounts due by the Hirer to Epic Campers arising as a result of this Agreement, including the cost of any damage, the charges as set out in this Agreement and as listed in clauses 11,20 and 21. Epic Campers will give the Hirer notice of any such amounts to be deducted via the email address specified on the first page of the Hire Agreement.
b) Epic Campers reserves the right to retain all or part of the Bond for a reasonable time frame determined by Epic Campers after the term of Hire to cover the cost of un-notified damage, infringements or damage to third parties or their property. Once a refund has been issued by Epic Campers, it may take up to five or more business days for the funds to become available in the Hirer’s bank account.
c) in the event of any damages, the Bond may be held by Epic Campers regardless of who is at fault, to allow Epic Campers to determine who is at fault, and such amount must be paid to Epic Campers (if not already held by Epic Campers) at the time the accident report is completed.
d) the Bond will be only be refunded if Epic Campers is successful in recovering the full cost of the damages from the third party. If Epic Campers is unsuccessful in recovering the complete cost of the damages from the third party, Epic Campers may keep all or part of the Bond in respect of such damages that Epic Campers was not able to recover from the third party).
e) in the event that a replacement Vehicle is given due to an accident, any Excess Reduction Cover taken is not transferable to the replacement Vehicle and a new additional bond must be paid by the Hirer to Epic Campers.
f) for the purposes of this clause 9, ‘damage’ includes any and all damage to third party property (including vehicles, damage to the Vehicle including tyres, windscreens, theft, fire, towing and recovery costs, break-in or vandalism costs, as well as the cost of the daily hire fee for the Vehicle for the period the Vehicle is not available for hire by Epic Campers due to being repaired.
g) where the Vehicle has been returned and no Epic Campers staff member was present at the time to check the vehicle, the Hirer is responsible for taking high quality photographs of the vehicle to prove its condition and sending these to Epic Campers.
h) In the event of any damage to the windscreen or body that has not been reported or is not covered by the Hirer’s chosen Excess Reduction Cover, the cost to repair the damage will be charged to the Hirer, who will be notified of any such charges by email.
Use of the Vehicle
10. The Hirer shall not:
a) use or allow the Vehicle to be used for the transport of passengers for hire or reward;
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 and 56 of the of the Land Transport Act 1998 ("the Act"):
e) operate the Vehicle or allow it in be operated in any race, speed test, rally or contest;
f) operate the Vehicle or allow it to be operated in breach of the Act. the Transport Act 1962, 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 is permitted by any relevant authority;
h) drive or allow the Vehicle to be driven on any roads excluded In Clause 28 of this agreement, or on any beach or on any surface likely to cause damage to the Vehicle: or;
allow the Vehicle to be driven by any person who is not named or described in this agreement as a person permitted to drive the Vehicle.
Hirer's obligations
11. The Hirer shall ensure that:
a) all reasonable care is taken when driving and parking the Vehicle:
b) the Vehicle's coolant and oil are maintained at the proper level;
c) the tyres are maintained at their proper pressure;
d) the Vehicle is locked and secure at all times when it is not in use and the Vehicle keys are kept securely. The cost of replacement keys and related services (for example courier costs) is at the Hirers expense;
e) the Vehicle is not interfered with or modified without the prior permission of the Operator:
f) should a warning light be illuminated or the Hirer believe the Vehicle requires mechanical attention, s/he must stop driving and advise the Operator immediately:
g) the fuel and freshwater tanks are filled with the correct liquids and not contaminated;
h) there is no smoking in the Vehicle. Any evidence of smoking In the Vehicle shall incur a cleaning fee of NZ$500; and;
i) animals, except for registered guide dogs, are not permitted inside the Vehicle, unless otherwise agreed in writing with The Operator. Any evidence of animals having been in the Vehicle shall incur a cleaning fee of NZ$500.
Operators obligations
12. The Operator shall supply the Vehicle in a safe and roadworthy condition up to the current Certificate of Fitness standards.
13. The Operator shall be responsible for all ordinary and extraordinary costs of running the Vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Hirer.
14. If the reserved Vehicle is not available for reasons outside the Operator‘s control, then the reserved Vehicle may be substituted with a comparable or superior Vehicle at no extra cost to the Hirer. Such Vehicle substitution shall not constitute a breach of contract and does not entitle the Hirer any form of refund. If no substitute vehicle is available to the Hirer, the Operator's liability shall be limited to a refund of the hire charge in full.
Mechanical repairs and accidents
15. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Operator of the full circumstances within 24 hours in order to give the Operator the opportunity to rectify the problem during the period of hire. Failure to do so constitutes a breach of contract and may affect claims for compensation.
16. The Hirer shall not arrange or undertake any repairs or salvage without the Operator's authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property. If the Vehicle is damaged to the extent that it cannot be driven, the Operator shall endeavour to exchange the Vehicle. Provision of an exchange vehicle is subject to availability and Hirer‘s location.
17. If mechanical breakdown is caused by the Hirer, the Operator shall be under no liability to provide compensation, otherwise the Operator’s liability shall be limited to the refund of hire charges for any full days of vehicle use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, accommodation charges or meals resulting from a breakdown or accident will be accepted.
18. The failure of accessories such as stereo, water tap / pump, do not constitute a breakdown. The Operator will endeavour to facilitate on-road repairs however should repair not be possible or fail the Hirer will not be entitled to a vehicle change or compensation.
19. The Vehicle is registered with the Automobile Association (AA) for 24 hour roadside assistance. This service is free for faults with the Vehicle.
There will be a call out charge for:
a) hirer error including but not limited to running out of fuel, losing or locking in the keys, fIat batteries due to incorrect use of the Vehicle and/or its equipment;
b) flat or damaged tyre(s) unless the Hirer has purchased the Epic Cover excess reduction option.
This service does not cover:
c) assistance if the Vehicle is unattended at the time the AA Service Provider arrives at the breakdown location;
d) assistance if the Vehicle is not on a public or formed road or is trapped or bogged.
Return of Vehicle
20. The Hirer shall, at or before the expiry at the Term of Hire, deliver the Vehicle to the Operator at the address shown on the front of this agreement, or obtain the Operator’s consent to the continuation of the hire. Any alteration to the place the Vehicle is returned to may be subject to a charge of up to NZ$1000. Failure to return the Vehicle at the agreed time and/or day will incur a late fee of NZ$150 per day payable in addition to the daily hire rate.
21. The Hirer shall return the Vehicle:
a) with a full fuel tank (cost to refill plus $50);
b) with an empty and clean toilet, in the same condition it was at the start of the Hire (up to $250);
c) with all Vehicle equipment accounted for and undamaged (cost plus $25);
d) in a reasonably clean and tidy condition (up to $250);
Failure to do so shall result in the Hirer being charged the amounts shown in brackets.
Liability
22. The Hirer agrees that any items stored with the Operator are stored at the Hirer’s risk. No liability is implied or given.
23. The Hirer is liable for the following, up to $5,000 if hiring an EPIC Original camper, or $7,500 if hiring an EPIC+ Campervan.
a) any loss of, or damage to, the Vehicle and its accessories;
b) any consequential damage, loss or costs incurred by the Operator, Including salvage costs, loss of ability to rehire and loss of revenue; and
c) any loss of, or damage to, vehicles and property of third parties, arising during the Term of Hire.
Any costs above $5,000, if hiring an EPIC Original camper, or $7,500 if hiring an EPIC+ Campervan, are covered by the Operator's Insurance in Clause 23(a) and (b) up to the market value of the Vehicle, and $10,000,000 In respect of Clause 23(c).
Excess Reduction
24. Any driver named in the Rental Agreement as a person permitted to drive the Vehicle is, subject to Clause 28 and the excess payable by the Hirer as set out in Clause 25, covered against the losses set out In Clause 23.
25. The Hirer may choose the ‘Mid Cover’ or ‘EPIC Cover’ options for Excess Reduction Coverage of the Vehicle. The Bond or excess payable in respect of the Vehicle or any incident shall be in accordance with the Excess Reduction package option selected by the Hirer at the time of Collection and specified on the Epic Campers website and in the Hire Agreement.
26. In the event of any damage to a Vehicle or third party property an additional bond shall be payable to cover the excess for any subsequent damage.
27. All Excess Reduction Options are subject to the provisions and exclusions set out below:
a) the Hirer may purchase and pay the daily hire rate for one of the Excess Reduction options to reduce the standard excess payable by the Hirer under Epic Campers cover (Excess Reduction Cover).
b) subject to clause 28, the Hirer’s liability is covered by the relevant Excess Reduction Cover selected.
c) the Hirer’s liability for damage applies in respect of each separate accident, incident or new damage, not each hire.
d) this clause 27 does not apply if the Hirer rejects Excess Reduction Cover. If the Hirer elects not to use Excess Reduction Cover, the excess payable by the Hirer is the Basic Cover excess as per the Hire Agreement and is payable for each and every event involving the Vehicle.
Excess reduction exclusions
28. The Hirer acknowledges that the excess reduction options referred to in Clause 25 will not apply in the following events or in respect of the following damages, expenses or costs;
a) the driver at the Vehicle is under the influence of alcohol or any drug;
b) 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;
c) the Vehicle is driven in any race, speed test, rally contest;
d) the Vehicle is driven by anyone not named or described in this agreement as a person permitted to drive the Vehicle;
e) the Vehicle is driven by an unlicensed person:
f) the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer's authority or control. This includes sitting or standing on the roof, driving on any beach or surface likely to damage the Vehicle or cause it to become bogged or trapped, driving through flooded areas, submerging in water, contacting salt water;
g) the vehicle is driven when a warning light appears or where the coolant temperature gauge enters a red zone.
h) the use of roof racks and snow chains on the vehicle where such roof racks or snow chains have not been hired through the Operator unless previously agreed with us.
i) the vehicle or its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks, roof racks or bicycle racks.
j) the vehicle is driven on a road or ski resort access road without snow chains when snow chains are required to be fitted.
k) the cost to replace keys which have been lost, broken or damaged and the cost of retrieval of keys which have been locked inside a vehicle.
l) all costs as a result of breakages, loss, theft or defacement of the vehicle’s interior and accessories.
m) theft or attempted theft of the vehicle or its contents resulting in damage where the vehicle was left unlocked.
n) all costs associated with the incorrect use of fuel or water in the vehicle.
o) the cost to retrieve or recover a vehicle, which may include, but is not limited to; a vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way.
p) any single vehicle incident or accident where the Vehicle has rolled, tipped or fallen over.
q) the driver commits a traffic offence while driving the Vehicle.
r) the vehicle is used for a commercial purpose (for example, as a taxi or courier vehicle).
s) the Vehicle was being driven on any of these roads: North island: Ninety Mile Beach — Northland: North of Colville Township - Coromandel Peninsula; Bluff Road that runs between Kuaetunu and Mataurangi — Coromandel Peninsula: South island: Skippers Canyon Road - Queenstown; Ball Hutt Road - Mt Cook; or
t) the Vehicle was operated beyond the term of this agreement or any agreed extension of the term.
29. The excess reduction option which you select under clause 25 provides cover of the vehicle but the cover selected does not cover the cost of replacing or repairing:
a) the contents of the vehicle supplied by us (including but not limited to: cooker, bedding, cutlery, CD/MP3 player, tables, chairs, tents, roof racks, power cords, GPS units, keys);
b) attachments to the vehicle such as roof racks, roof boxes, canopies;
c) any other items hired from us.
30. If any of the exclusions to your cover in clause 28 apply, you authorise us to immediately deduct from your credit card the balance between the bond held and your total liability.
31. It is agreed between the Hirer and the Operator that Section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as If Clauses 24 to 30 constitute a contract of insurance.
Traffic offences
32. The Hirer is advised that Section 9.5(1) of the Land Transport (Operator Licensing) Rule 2007 permits the Operator to debit the Hirer's credit card for any infringement fee for an offence where the offence was committed during the period at hire and was:
a) a speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a trafic signal where that offence was detected by approved vehicle surveillance equipment;
b) an offence for parking in any portion of a road in breach of any bylaw or a road controlling authority or an offence against Part 6 at the Land Transport (Road User) Rule 2004; or an offence under Section 20(1) of the Freedom Camping Act 2011 involving the use of the Vehicle.
33. The Operator may also charge an administration fee at $25 in addition to the infringement fee.
34. The Operator will send the Hirer a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the Operator. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue at the reminder notice).
Cancellation of Hire Agreement
35. If a booking is cancelled the following charges also apply:
a) If cancelled more than 30 days out from the agreed pick up date: 20% of the total hire fee (deposit)
b) If cancelled within 30 - 20 days of the agreed pick-up date: 50% of the total hire fee
c) If cancelled within 19 - 7 days of the agreed pick-up date: 75% of the total hire fee
d) If cancelled within 6 days, or on the agreed day of pick up: 100% of the total hire fee
36. If the Hirer reduces the length of a booking following confirmation, the following fees shall be payable:
a) More than 30 days out from the agreed pick up date: no fee
b) 30-20 days before the agreed pick-up date: 50% of the hire fee for the cancelled days;
b) Within 19-7 days of the agreed pick-up date: 75% of the hire fee for the cancelled days.
c) 6 days or less before the agreed pick-up date: 100% of the hire fee for the cancelled days.
37. If the hirer reduces the length of a booking which then falls below 15 days in total, the operator reserves the right to charge 100% of the hire fee for any cancelled days, regardless of when the request to shorten the booking is made.
38. We reserve the right to re-list your vehicle if uncollected 24 hours after the confirmed collection time, unless notified of any change in travel plans
39. The Operator may cancel the hire agreement and take immediate possession at the Vehicle and for that purpose enter upon any premises and remove the Vehicle at any time without notification to the Hirer (and the Hirer will be responsible for the costs of repossession) in any of the following circumstances;
a) the Hirer fails to comply with any of the terms of this agreement;
b) the Vehicle is damaged;
c) the Hirer has obtained the Vehicle through fraud or misrepresentation;
d) the Vehicle is or appears to be abandoned;
e) the Vehicle is not returned on the agreed date or the Operator reasonably believes that the Vehicle will not be returned at or before the expiry of the Term of Hire: or
f) the Operator considers on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is or has been endangered.
40. If the Operator cancels the hire agreement the Hirer has no right to, and wIll receive no refund of hire charges or bond.
41. The termination of the hiring under the authority at this Clause shall be without prejudice to the other rights of the Hirer and the rights of the Operator under this agreement.
Indemnity
42. The Operator may assist the Hirer with installation of a child restraint however the Operator will not be liable for any loss, damage or injury incurred in relation to child restraints. It is the legal responsibility of the Hirer to ensure that any child is properly restrained.
43. The Hirer releases the Operator and its employees and agents from any liability to the Hirer (regardless of who is at fault) for any loss, injury or damage incurred by the Hirer by reason of hire, possession or use of the Vehicle and other equipment supplied.
Disputes
44. If you are dissatisfied with the service we have provided, you may raise a complaint with us. Our Dispute Resolution Process is without prejudice to any rights you may have under New Zealand Consumer Law. For more information on your rights, you can visit the following website www.consumerprotection.govt.nz/
45. This Agreement is governed by the laws of New Zealand.