1.1 These Terms and Conditions apply to any vehicle leased by Jones Motorhomes to a Driver under a Vehicle Rental Agreement.
2. NATURE OF RELATIONSHIP
2.1 Jones Motorhomes agrees to lease the Vehicle to the Driver for the Vehicle Rental Period in accordance with these Terms and Conditions.
3. BOOKING CHANGES
3.1 All booking requests made by a Driver are subject to availability and written confirmation from Jones Motorhomes.
3.2 The Vehicle Rental Period can only be extended with the prior written consent of both Parties. Requests for an extension may be made up to 48 hours prior to the Drop Off Date and is subject to acceptance by Jones Motorhomes (who may accept or decline such a request in its absolute discretion) and pre-payment of an appropriate additional Rental Charge.
4. VEHICLE PICK UP
4.1 The Driver must pick up the Vehicle at a time agreed with Jones Motorhomes on the Pick Up Date from the Pick Up location stated on the Vehicle Rental Agreement.
4.2 Jones Motorhomes will not be obligated to provide the keys to the Vehicle unless or until:
a) The Rental Charges for the Vehicle have been paid for the full Vehicle Rental Period.
b) The Driver has presented a valid credit card for Jones Motorhomes to secure a charge over in accordance with clause 8 below.
c) All Drivers listed in the Vehicle Rental Agreement have presented valid photographic identification evidencing that they are at least 25 years of age.
d) All Drivers listed in the Vehicle Rental Agreement have presented their original driver’s licence to Jones Motorhomes. The licence(s) must permit the Drivers to drive in New Zealand for the duration of the Vehicle Rental Period and where appropriate, be accompanied by an accredited English translation or international driving permit shall be carried with the foreign driver’s licence. The Driver agrees for Jones Motorhomes to obtain and retain copies of their licence and/or other identification documentation.
e) The Parties have inspected the Vehicle and both completed and signed a Pre-Pick Up Inspection Report.
5. VEHICLE DROP OFF
5.1 The Driver must return the Vehicle at a time and agreed with Jones Motorhomes on the Drop Off Date to the drop off location stated on the Vehicle Rental Agreement.
5.2 Without the prior written consent of Jones Motorhomes, the Driver must not retain the Vehicle for longer than the Vehicle Rental Period.
5.3 The Driver expressly acknowledges their rights under these Terms and Conditions (including the benefit of any insurance cover for the Vehicle) will not apply beyond the Vehicle Drop Off Date.
5.4 If the Vehicle has a toilet and wastewater tank, it must be emptied prior to the return of the Vehicle. Additional Charges will be incurred by the Driver if the Vehicle is not returned with an empty toilet and wastewater tank.
5.5 Additional Charges will be incurred by the Driver if:
a) The LGP canister (if any) is not returned full.
b) The Vehicle’s fuel gauge on drop off is not at the same level as the Pick Up fuel level stated in the Pre-Pick Up Inspection Report.
c) In the reasonable opinion of Jones Motorhomes, the Vehicle is returned in an unclean, excessively dirty or soiled state.
5.6 Additional Charges will be incurred by the Driver if the Vehicle is not returned on the Drop Off Date to the drop off location stated on the Vehicle Rental Agreement.
5.7 The Parties will together inspect the Vehicle on drop off and any damage will be noted in the drop off field in the Pre-Pick Up Inspection Report.
5.8 On drop off, the Driver must advise Jones Motorhomes of any latent damage that was caused to the Vehicle during the Vehicle Rental Period that may not be apparent from a physical inspection.
5.9 The Driver agrees to pay as an Additional Charge, road user charges at the rate set out in Rental Agreement for all kilometres driven during the Vehicle Rental Period. The kilometres driven and the road user charges payable will be calculated by Jones Motorhomes on Vehicle drop off. Road user charges are only payable on a diesel Vehicle.
6.1 A 15% deposit is required to secure a booking request.
6.2 The Driver agrees to pay the Rental Charges as stated in these Terms and Conditions and the Vehicle Rental Agreement, prior to the Pick Up Date.
6.3 The Driver agrees to pay any Additional Charges payable under these Terms and Conditions. All Additional Charges are payable on the Drop Off Date.
6.4 All amounts stipulated in these Terms and Conditions are stated in New Zealand dollars and include GST (if any).
7.1 The Bond is an amount of money that Jones Motorhomes will hold during the term of hire and for a period thereafter as specified in 8.4 of these Terms & Conditions. The Bond paid by the Driver may only cover part of the insurance excess amount depending on insurance option selected by the hirer prior to commencements of terms & conditions.
7.2 The amount of the Bond will be as determined by Jones Motorhomes (in its absolute discretion) and advised to the Driver on the Rental Email Confirmation sent to hirer.
7.3 The Bond is taken as security and the Driver authorises Jones Motorhomes to:
a) apply the Bond towards all cost and expenses require to repair or replace the vehicle and all associated cost and any costs payable to third parties as a result of any incident or accident involving the vehicle;
b) pay any fine or infringement fees;
c) pay the amount due by the hirer pursuant to these Terms & Conditions;
7.4 Jones Motorhomes reserves the right to retain all or part of the Bond for such period as Jones Motorhomes reasonably determines after the term of hire to cover the cost of unquantified damage, infringements or damage to third parties or their property. If full recovery from a third party is not possible for any reason, Jones Motorhomes reserves the right to retain and not refund the Bond. The Bond will be refunded only if Jones Motorhomes is successful in recovering the full cost of damages from a third party.
7.5 If a replacement vehicle is provided to the Driver due to an accident a new Bond of $2500 NZD is required.
7.6 The Driver irrevocably authorises Jones Motorhomes to:
a) Charge the Bond to the Secured Credit Card.
b) If any amounts payable under these Terms and Conditions (including without limitation: Additional Charges and Infringement Fees) are not paid by the Driver on the due date for payment, to charge the Secured Credit Card an amount equivalent to that unpaid amount plus any default interest accrued in accordance with clause 18.
7.7 The Bond is fully refundable provided the Vehicle is returned on time, on the return date, and to the agreed point, undamaged, with all supplied contents, and with a full tank of petrol.
8. DRIVER WARRANTIES
8.1 Each Driver warrants:
a) That they are at least 25 years of age.
b) To comply with all New Zealand laws and regulations (including but not limited to the Land Transfer Act 1998 and any other act, regulations, rules or bylaws relating to road traffic and any laws, rules or regulations relating to child restraints) whilst they are in occupation of the Vehicle.
c) That they will not allow any other person (other than a Driver listed in the Vehicle Rental Agreement) to drive the Vehicle.
d) To read and become familiar with the contents of the Vehicle’s manual.
e) To drive the Vehicle in a safe, cautious and prudent manner.
f) To take all reasonable steps to properly maintain the Vehicle (including but not limited to regularly checking the Vehicle’s oil, brakes, water, batteries and tyre pressure to ensure they are properly maintained at the levels recommended by the Vehicle’s manual).
g) To immediately notify Jones Motorhomes of any material information relating to the Vehicle (including but not limited to damage caused to the Vehicle whether such damage is caused by the Driver or not, the Vehicle being stolen or the Vehicle requiring maintenance and repair, whether such maintenance and repair is of an urgent nature or not).
h) To take reasonable care of the security of the Vehicle, including locking the Vehicle at all times where there is no persons inside the Vehicle.
i) To not leave the keys in the ignition of the Vehicle, whether the Driver is close to the Vehicle or not.
j) To not drive the Vehicle while under the influence of drugs, alcohol or any other substance that is known to affect the judgement or decision making of a driver.
k) To not tow a trailer from the Vehicle without the prior written consent of Jones Motorhomes.
l) To not carry an animal inside the Vehicle without the prior written consent of Jones Motorhomes.
m) To not sublet or hire the Vehicle, or otherwise part with possession of the Vehicle during the duration of the Vehicle Rental Period.
n) To not abandon the Vehicle.
o) To not drive the Vehicle off road including on any beach, unsealed or unconstructed roadway or through any body of water or snow without snow chains (including but not limited to through a ford, creek or river crossing).
p) To not smoke or permit any person to smoke inside or near the Vehicle.
q) To not transport more passengers or weight than is permitted or recommended in the Vehicle’s manual.
r) To not use the Vehicle to carry any dangerous or noxious substance (including but not limited to volatile liquids, gases and explosive or inflammable materials).
s) To not conduct themselves, or use the Vehicle, in such a way that may invalidate any insurance coverage of the Vehicle.
9. SUBSTITUTION VEHICLE
9.1 Jones Motorhomes may, at its sole discretion, offer a substitute vehicle where the Vehicle booked by the Driver is unavailable due to unscheduled emergency repairs and/or maintenance. Every effort will be made by Jones Motorhomes to ensure that the substitution vehicle is suitable for the Driver’s intended use.
9.2 Any substitution vehicle provided to a Driver will be leased to the Driver in accordance with these Terms and Conditions, provided however that the Rental Charge will be varied if there is a difference in the Daily Rental Charge of the Vehicle booked by the Driver and the substitution vehicle actually provided by Jones Motorhomes.
10. CANCELLATION POLICY
10.1 Confirmed bookings may be cancelled by the Driver up to 60 days prior to the commencement of a Vehicle Rental Period.
10.2 Any bookings cancelled within 60 days prior to the commencement of a Vehicle Rental Period will incur the following cancellation fees:
a) Booking cancelled by the Driver 30-59 days prior to the Pick Up Date: 20% of the Rental Charge charged for the booking.
b) Booking cancelled by the Driver 8-29 days prior to the Pick Up Date: 50% of the Rental Charge charged for the booking.
c) Bookings cancelled by the Driver within 7 Days of the Pick Up Date:100% of the Rental Charge charged for the booking.
10.3 Notice of cancellation must be given in writing.
11. ROADSIDE ASSISTANCE
11.1 The vehicle is registered with NZ Roadside Assistance Ltd for 24 hour roadside assistance. This service covers any mechanical faults with the vehicle including replacement of a flat tyre with the vehicles serviceable spare and jump starting of a flat battery. All non-mechanical call-outs to NZRA will incur a call-out service charge. NZRA does not cover the following and the associated costs will be the responsibility of the Driver:
a) Driver events that are deemed to be caused by driver negligence including (but not limited to) lights left on, locked keys, flat tyre.
b) If the vehicle is not accessible by a two-wheel drive vehicle.
11.2 Direct Payment Services will be processed by NZRA for costs relating to Driver negligence events. NZRA will take hirers credit card details as a guarantee of payment and will only be debited if the event is deemed to be the fault of the driver.
12. DAMAGE AND ACCIDENTS
12.1 The Driver shall notify Jones Motorhomes of any mechanical breakdown of the Vehicle as soon as possible, but no later than 24 Hours after such a breakdown, in order to give Jones Motorhomes an opportunity to rectify the problem during the term of hire. Failure to do so may affect any claims for compensation made by Driver.
12.2 The Driver shall not arrange or undertake repairs or salvage without Jones Motorhomes expressed authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or other property.
12.3 Jones Motorhomes will be responsible for repairs or damage arising directly or indirectly from fair wear and tear of the Vehicle.
12.4 If the Vehicle is damaged to the extent that it cannot be driven, Jones Motorhomes shall, at their sole discretion’, either:
a) provide a replacement Vehicle, subject to availability and Driver’s location; or
b) refund the balance of the hirer charge for the period of the term of hire the Vehicle was unable to be used; or
c) provide compensation for accommodation at the hire rate of the Vehicle for a period of the term of hire the Vehicle is being repaired.
12.5 The failure of accessories including, but not limited to, stereo, inverter, fridge, water pump, heating system, TV, do not constitute a breakdown. The Operator will endeavour to facilitate on-road repairs however should the repair not be possible or fail, the Driver will not be entitled to a replacement Vehicle or compensation.
12.6 If mechanical breakdown is caused by the Driver, Jones Motorhomes shall be limited as set out in clause 26.4 of these Terms & Conditions. For avoidance of doubt, Jones Motorhomes will not be liable for any personal expenses, or costs associated with any missed activities or future transportation or accommodation costs.
13.1 The Drivers liability and any driver described in the Vehicle Rental agreement as a person permitted to drive the Vehicle is, (subject to the insurance exclusions below);
a) covered against any loss or damage to the Vehicle (however caused) and for any consequential damage, loss or costs incurred by Jones Motorhomes, including salvage costs, loss of ability to rehire and loss of revenue resulting from the hire, theft, fire, break-in or vandalism costs beyond the applicable excess amount. However, if the damage to the vehicle exceeds the excess amount and Jones Motorhomes insurance cover is not available as a result of breach by the Driver of these terms and conditions, then the Driver must pay for the full cost of damage.
b) Is indemnified to the extent of $10.000.000.00 NZD in respect of any liability they might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.
13.2 The Driver is liable for payment of the applicable insurance excess (depending on the insurance option selected by the Hirer) in the case of damage or accidents involving the vehicle. The insurance excess applies to each claim, not the term hire. Where the total of a claim is less than the excess then the Hirer shall be liable to pay the lesser amount.
13.3 The Bond payable in respect of the Vehicle or any incident shall be in accordance with the insurance option selected by the Hirer in the Vehicle Rental Agreement. Depending on the insurance option selected, the Bond paid by the Driver may only cover part of the total claim amount and therefore the Driver is self-insuring the balance.
13.4 Insurance Exclusions. The Driver acknowledges that the insurance option selected will not apply at any time when;
a) the Vehicle is driven by anyone not named or described in the Vehicle Rental Agreement;
The driver of 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 that the Driver was aware or should have been aware of the unsafe or unroadworthy condition of the Vehicle;
c) The Vehicle is wilfully or recklessly damaged or lost by the Driver, a nominated driver, or a person under the Driver’s control. This includes sitting or standing on the roof, driving on a beach, driving in snow without chains or surfaces likely to become bogged or trapped, driving through flooded areas, submerged in water including crossing fords, creaks, streams and rivers or in contact with salt water;
d) The driver commits a traffic offence while driving the vehicle;
e) The fuel or fresh water tanks are contaminated;
f) The Vehicle was operated outside these Terms & Conditions or any extension of this request;
The Vehicle was driven on any beaches or any roads marked four-wheel drive only.
13.5 No insurance applies to personal property of the Driver. Jones Motorhomes does not accept any liability for personal injuries sustained during the hire or damage or loss of the Driver’s personal property.
13.6 The Driver will be responsible for all damage on the interior of the vehicle and for all damage to or loss of property or contents of Jones Motorhomes, except where such damage is a result of a vehicle collision to the extent that insurance (and any applicable excess) shall apply.
13.7 The Driver authorises Jones Motorhomes to deduct from the Driver’s Bond fee all charges payable under these Terms & Conditions.
13.8 The Operator’s fleet is insured under the policy of motor vehicle insurance from NZI. The Operator is only managing the insurance provided under NZI’s insurance policy. The Operator reserves the right to decide whether to claim under the policy.
14. INFRINGEMENT FEES
14.1 The Driver warrants to pay all Infringement Fees incurred as a result of an action committed during the Vehicle Rental Period.
14.2 Jones Motorhomes undertakes to send a copy of any infringement notice and/or reminder notice relating to the Vehicle Rental Period to the email address of a listed Driver in the Vehicle Rental Agreement.
14.3 If the Driver has not paid an Infringement Fee by the due date for payment of the same, the Driver irrevocably authorises Jones Motorhomes to charge the Secured Credit Card (Bond payment) an amount for the Infringement Fee and an Additional Charge for non-payment of the Infringement Fee.
15.1 If in the reasonable opinion of Jones Motorhomes, the Driver has breached any of these Terms and Conditions, Jones Motorhomes is entitled to immediately and without notice to the Driver terminate the Vehicle Rental Agreement and take back possession of the Vehicle.
15.2 The Driver agrees to indemnify Jones Motorhomes and pay as an Additional Charge any costs incurred by Jones Motorhomes in repossessing the Vehicle under clause 15.1.
16.1 Ownership of the Vehicle remains with Jones Motorhomes for the duration of the Vehicle Rental Period. Nothing in these Terms and Conditions shall be construed as granting to the Driver any ownership interest in the Vehicle. The Driver must not create or allow to be created any security interest over or in respect of the Vehicle and the Driver must not attempt to sell, lease, or otherwise transfer ownership of the Vehicle at any time.
17. Default Interest
17.1 On demand by Jones Motorhomes, the Driver must pay to the Driver interest at the rate of 15% per annum on any amounts outstanding under these Terms and Conditions, calculated on a daily basis from the due date for payment until the date that actual payment is received by Jones Motorhomes.
18. Costs of Enforcement
18.1 The Driver will reimburse Jones Motorhomes for all costs incurred in enforcing or attempting to enforce Jones Motorhomes’ rights, powers and remedies under these Terms and Conditions, including but not limited to legal costs and debt collection costs.
18.2 Jones Motorhomes reserves the right to assign any debt owing by the Driver to Jones Motorhomes to a third party debt collection agency.
19. WARRANTY AS TO ACCURACY
19.1 The Driver warrants that all particulars and information supplied by the Driver are true and correct at the date of entering into these Terms and Conditions. The Driver further agrees to notify Jones Motorhomes immediately in writing if any details provided by the Driver are incorrect or require updating.
20.1 Jones Motorhomes reserves the right to vary or update these Terms and Conditions at any time by publishing a new version of these Terms and Conditions on the Site and the latest version of these Terms and Conditions supersedes all previous versions.
21. USE OF SITE AND DISCLAIMERS
21.1 Jones Motorhomes uses all reasonable endeavours to ensure that the information displayed on the Site is accurate and is continuously available and accessible to users. However, to the fullest extent permitted by law, Jones Motorhomes:
a) Excludes all representations and warranties relating to the Site and its contents, including any representations of warranties that may be been provided by any third parties.
b) Takes no liability in respect of any inaccuracies, omissions or errors published on the Site.
Excludes all liability for any loss or damage (including without limitation, loss of profits, damage to computer, software, systems and programs and any indirect or consequential loss incurred) arising out of or in connection to a user’s use of the Site.
c) The Parties also acknowledge that despite the best endeavours of Jones Motorhomes, internet messaging transmissions will never be entirely secure or private and therefore, any information provided by a user of the Site may be hacked, accessed or intercepted by unauthorised third parties. Jones Motorhomes has no liability for the hacking, accessing or intercepting of any information provided by a Site user and each user provides such information at their own risk.
22. INTELLECTUAL PROPERTY
22.1 Site users acknowledge that Jones Motorhomes is an unregistered trademark and all proprietary rights in the name and logo are protected by intellectual property laws.
22.2 All information displayed on the Site (including but not limited to all text, graphics, logos, software, tools and advertisements) are owned, licensed or controlled by Jones Motorhomes or the party credited on the Site and any unauthorised use or republication of the information on the Site is expressly prohibited without the prior written consent of Jones Motorhomes.
22.3 Where a feedback portal is provided by Jones Motorhomes allowing Site users or Drivers to evaluate the service offered by Jones Motorhomes, Jones Motorhomes reserves the right to remove any defamatory, offensive or inaccurate feedback provided on the Site in its absolute discretion.
23. LIMITATION, EXCLUSION OF LIABILITY & INDEMNITY
23.1 Except as expressly set out in these Terms and Conditions, Jones Motorhomes make no warranties or representations, whether express or implied, with respect to the Vehicle or ancillary services provided by it to the Driver.
23.2 Except as provided in these Terms and Conditions, Jones Motorhomes shall not be liable for any loss or damage of any kind whatsoever (including consequential loss, loss of profits or property damage or theft) whether suffered or incurred by the Driver or another person, and whether in contract, or tort, or otherwise, and whether such loss or damage arises directly or indirectly from the supply of the Vehicle by Jones Motorhomes to the Driver. This exclusion of liability applies whether or not Jones Motorhomes had, or ought to have had, any special or other knowledge that any such losses, damages or claims would be suffered or incurred by the Driver or that other person. For the purposes of clarification, Jones Motorhomes accepts no liability for the damage or theft of any personal items or belongings left inside the Vehicle while the Driver is in occupation of the Vehicle, and accepts no liability for any damage caused to the Driver’s personal or rented vehicle is the Driver chooses to park their vehicle at a premises owned or occupied by Jones Motorhomes for the duration of the Vehicle Rental Period.
23.3 Should Jones Motorhomes be found liable in relation to the Vehicle supplied by Jones Motorhomes or a breach of these Terms and Conditions, the Driver’s remedies will be limited to damages and the quantum of those damages will be limited to the value of Rental Charge payable by the Driver under these Terms and Conditions.
23.4 The Driver shall fully and completely indemnify Jones Motorhomes in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of their use of the Vehicle, and in respect of all costs and charges in connection therewith, whether arising under statute or common law.
23.5 The Driver shall fully and completely indemnify Jones Motorhomes in respect of all loss incurred by Jones Motorhomes as a result of the Driver using the Vehicle or conducting themselves in such a way that may invalidate any insurance coverage of the Vehicle.
In all circumstances, the total liability of the Operator in any respect to the Hirer is limited to the amount not greater than the total hire charge paid by the Hirer to the Operator under the particular hire agreement.
24.1 If a dispute arises out of or relates to the Vehicle Rental Agreement or these Terms and Conditions, either Party may not commence any Court proceedings in respect of the dispute unless it has complied with the following provisions of this clause 25, except where the Party seeks urgent injunctive relief.
24.2 Any Party claiming that a dispute has arisen under or in relation to the Vehicle Rental Agreement or these Terms and Conditions must promptly give written notice to the other Party specifying the nature of the dispute.
24.3 On receipt of the notice by that other Party, the Parties must endeavour in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.
If the Parties do not agree within seven (7) days of receipt of the notice (or such further period agreed in writing by them) as to:
a) The dispute resolution technique and procedures to be adopted;
b) The timetable for all steps in those procedures; and
c) The selection and compensation of the independent person required for such a technique then the Parties must mediate the dispute in accordance with the Mediation Rules of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution) and the chairperson for the time being of the New Zealand Chapter of LEADR will select the mediator and determine the mediator’s remuneration, which shall be borne equally between the Parties.
24.4 In the event the dispute is not resolved at mediation, the dispute will be referred to the arbitration of a single arbitrator under the Arbitration Act 1996. The Parties must try to agree on the arbitrator. If they cannot agree, the President for the time being of the Waikato Bay of Plenty Branch of the New Zealand Law Society (or his or her nominee) will, on either Party’s application, nominate the arbitrator.
25. RIGHT TO SET OFF
25.1 Jones Motorhomes may set off or deduct any amount owing from it to the Driver against any amount owing by the Driver to Jones Motorhomes, whether under these Terms and Conditions or otherwise.
26.1 Jones Motorhomes may, without the Driver’s consent, assign some or all of the rights and obligations under these Terms and Conditions to another party of their choosing. From the date of the assignment, all obligations owed by Jones Motorhomes to the Driver will vest in that assignee. The Driver authorises Jones Motorhomes to disclose to the assignee or a proposed assignee all details relating to the Driver and to these Terms and Conditions.
26.2 The Driver may not assign or transfer any or all of their rights and obligations under these Terms and Conditions without the prior written consent of Jones Motorhomes. Jones Motorhomes is under no obligation to provide this consent.
27. PRIVACY ACT 1993 & CONFIDENTIALITY
27.1 The Driver authorises Jones Motorhomes:
a) To collect, retain and use personal information about the Driver (including the information about the Driver contained in the Vehicle Rental Agreement) for the following.
b) Assessing the Driver’s credit worthiness.
c) For marketing or promotional purposes.
27.2 The Driver acknowledges that where information can be readily retrieved, the Driver shall have access to it, the right to request a correction of the information held and the right to be notified of action taken in response to any such request, subject to payment of a reasonable charge.
27.3 The Driver acknowledges that the authorisations in this clause 28 are irrevocable.
28. REMEDIES CUMULATIVE
28.1 The rights, power and remedies provided to Jones Motorhomes under these Terms and Conditions are in addition to, and not in substitution for, any rights, powers or remedies that Jones Motorhomes otherwise has under the law or in equity.
29.1 The rights and obligations contained in these Terms and Conditions survive termination of the Vehicle Rental Agreement and continue beyond the expiry of the Vehicle Rental Period stated in the Vehicle Rental Agreement.
30. FORCE MAJEURE
30.1 Jones Motorhomes shall not be liable for any delay, alteration or failure in performance of its obligations under these Terms and Conditions if such delay, alteration or failure is occasioned by an event or circumstances beyond its control.
31. All Drivers Bound
30.1 If there is more than one Driver recorded on the Vehicle Rental Agreement, then each and all of the persons listed as a Driver will be jointly and severally bound by these Terms and Conditions.
32. GOVERNING LAW AND JURISDICTION
31.1 These Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand, except to the extent expressly negated or varied herein. The Parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
33. Separate terms and no waiver
33.1 Each term of these Terms and Conditions is separately binding. If for any reason Jones Motorhomes cannot enforce any term, all other terms in the Vehicle Rental Agreement will remain binding on the Parties.
33.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the Parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the Parties as shown by the Terms and Conditions.
33.3 Any delay or non-enforcement of rights, powers and remedies under these Terms and Conditions by Jones Motorhomes shall not be construed as a waiver of its rights, powers and remedies and shall not prejudice Jones Motorhomes’ ability to enforce these at a later time.
35 Schedule of Fees
a) Rental Rates – as per Vehicle Rental Agreement
b) Toilet and wastewater tank not empty - $200 flat rate
c) LPG refill - $2 per day – Flat Rate (unless not used)
d) Fuel Refill fee – Actual cost incurred to refuel vehicle PLUS $30
e) Late Drop Off fee - $150 per day PLUS daily hire rate
f) Road Users Charge – $7.60 per 100 Kms
g) Non-Payment of Infringement Fee penalty – 15% of the total Infringement fee
h) Repossession cost – Actual cost incurred