1. Vehicle conditions
1) The Hirer acknowledges having received the vehicle and rented extras, with all the legally required documents, in a clean condition with all the features working.
2) The Hirer will return the vehicle in a clean condition, with the same amount of fuel at the pick-up, and with all the vehicle’s features operating in normally, on the return date, time and location established in the Rental Agreement.
3) Failure to meet these criteria will result in additional charges to the Hirer according to the Rental Firm price table.
4) Any loss or damage in the vehicle, rented extras, equipment or spare parts, will be fully charged to the Hirer according to the Rental Firm price table.
2. Documents
1) The execution and signature of this Rental Agreement is subject to the existence and presentation of:
a) A valid vehicle driver’s license to drive in New Zealand;
b) a valid ID or Passport,
c) a valid credit/debit card (Visa, AMEX or Mastercard).
All documents were presented upon the vehicle’s collection and signing of this Rental Agreement. If the Hirer does not present the necessary documents, the vehicle cannot be rented and the Hirer is liable to the Rental Firm in the amount of the full booking fee. The Rental Firm and the Hirer agree this is reasonable and justified, in circumstances where it represents the Rental Firm’s true loss and damage as the Rental Firm will have reserved the Vehicle for the Hirer and withheld it from hire by other potential hirers, in the expectation that the Hirer would comply with this clause, and therefore lost the ability to rent the Vehicle to another potential hirer.
2) It is the responsibility of the Hirer to hold a valid license to drive in New Zealand.
3) The Hirer must be at least 21 years old.
3. Use of the Vehicle
1) The Hirer undertakes that, during the Rental Period, the vehicle will not be:
a) Driven by any person that is not mentioned in the rental agreement as a driver.
b) Driven in an imprudent and dangerous way.
c) Driven by a person under the influence of alcohol or drugs.
d) Left with the key inside the vehicle, while unoccupied.
e) Damaged by submersion in water, contact with salt water, driving through flooded areas, beach driving and unpaved roads.
f) Used for any race, contest or any illegal activities.
g) Used to tow any vehicle.
h) Used to carry passengers or property for hire or reward.
i) Used to carry a number of passengers superior to the maximum capacity permitted by law.
j) Used to carry hazardous materials, volatile liquids, gases, explosives or other corrosive or inflammable material apart from the gas provided by the Rental Firm.
k) Used for the purpose of transporting and haulage goods other than what might be reasonably expected of a leisure rental.
l) Subject to installation of accessories and advertising or commercial mentions.
m) Driven off-road, on closed roads, or roads not suited for the rented vehicle according to local laws and regulation.
2) To the maximum extent permitted by law, the Rental Firm shall not be responsible for any of the consequences, nor for any damage, loss and/or other costs resulting from the Hirer not acting in conformity with the aforementioned points (a) to (l).
3) The Hirer acknowledges and agrees that the Rental Firm retains the title to the Vehicle at all times and shall not agree, attempt, offer or purport to sell, sub-let, lend or mortgage the vehicle to any other party.
4) The Hirer should not make any modifications or additions to the vehicle, without prior written consent from the Rental Firm.
5) The Hirer should take all reasonable steps to properly maintain the vehicle, including, daily checks of the Oil, Water and Batteries, and will contact the Rental Firm if vehicle warning lights indicate any potential malfunction.
6) Any electrical devices (including the cooler) cannot be connected to the battery for more than 4 hours in a row, without charging the vehicle battery every day in camping places or in other 220 V sources.
7) The Hirer is responsible for monitoring and obtaining information on weather forecasts and road conditions on his travels, and public warning thereof.
8) This Rental Agreement will be immediately terminated and the booking will be canceled without any need of judicial intervention if the vehicle is used in any terms that constitute a violation of this Rental Agreement or the commission of a crime. Additionally, in these circumstances, the Rental Firm reserves the right to, justifiably and acting reasonably, recover the vehicle, at any time, without previous notice, and to the maximum extent permitted by law the Hirer is held responsible for all the charges, costs and expenses involved in such recovery.
9) The Hirer may not, in any case, sublet or assign the Vehicle without prior written consent of the Rental Firm.
4. Pets
It is permitted to travel with one pet if its weight does not exceed 30kg. In such a case, a fee will be charged (After-trip Cleaning). The After-trip Cleaning covers the cleaning of the vehicle after the rental, while the Hirer is liable for any and all damages caused by the pet in the interior and exterior of the vehicle. It is of the entirely the responsibility of the Hirer to guarantee that the pet travels in safe conditions and according to the local regulations. The Rental Firm will not be liable for any traffic tickets or legal fees due to the pet's presence inside the vehicle.
5. Gas Policy
1) Models with Portable Cookers: The Rental Firm intends to provide customers with at least 1 full disposable canister of gas (220g). Should local gas supply be an issue or limitations on the purchasing of gas by local authorities be imposed, the Rental Firm cannot be held responsible for the inability to provide the Hirer with a canister of gas.
2) Models with Built-in Cooker/Stove: The Rental Firm intends to provide customers with at least one full sealed cylinder of camping gas. The Hirer has the option of using the full sealed cylinder during the trip and in case they do, the Rental Firm will be charging the Hirer according to the defined pricing. Should local gas supply be an issue or limitations on the purchasing of gas by local authorities be imposed, the Rental Firm can not be held responsible for the inability to provide the Hirer with a cylinder of gas.
3) Additional gas bottles or refills can be purchased throughout the rental period at the Hirer’s own expense.
4) Different connections and gas cylinders are in place in different countries and might require an adapter to refill. Please note that the provided gas cylinders and adaptors must not be exchanged for foreign ones, otherwise, a Fee will be applied.
6. AdBlue Policy
1) AdBlue is a diesel exhaust fluid required in modern diesel engine vehicles. All models requiring AdBlue are identified with an AdBlue tank, located next to the fuel tank. Similarly to fuel level, the vehicle dashboard shows if the AdBlue level is low.
2) The vehicle is delivered above the minimum AdBlue for circulation (without AdBlue lights on) and must be returned in the same conditions, otherwise a Refuelling Fee will be applied.
3) During the trip, the Hirer is responsible for ensuring the vehicle always has both Fuel and AdBlue required for circulation without damaging the engine.
4) Additional AdBlue can be purchased throughout the rental period at any fuel station at the Hirer's own expense. The Rental Firm will not reimburse the Hirer for any AdBlue fluid expenses upon return of the vehicle.
7. Mileage Policy
All bookings include a fixed number of kilometres per night for free, which may vary according to seasonality and number of nights. Hirers have the option to add extra kilometres packages or unlimited kilometres before their trip during the booking process. Any additional kilometres will be charged at drop-off. The value of the fee per extra kilometre for each reservation is communicated during the booking process, as it might vary with the pick-up location and vehicle model.
8. On-Road Assistance and Technical Issues
1) Any problems associated with the vehicle, including equipment failure, must be reported immediately to the Rental Firm as it might be possible to rectify the problem during the rental period. To the maximum extent permitted by law the absence of such report previously to external on-road assistance calling nullifies the responsibility of the Rental Firm.
2) The Hirer must contact the Rental Firm before contacting any external on-road assistance Company as the Rental Firm might assist the Hirer with technical issues, whereupon it will not dislocate its own employees for vehicle repairing/exchange services.
3) The Rental Firm's assistance covers any technical or mechanical malfunction of the vehicle arising from a manufacturing or material fault that directly renders the part concerned unfit for operation during the warranty period.
4) The following occurrences are not covered by the Rental Firm's assistance:
a) The vehicle running out of fuel.
b) The keys being locked inside the vehicle, damaged (e.g. humidity in the key), or lost.
c) Discharged batteries caused by incorrect usage and/or incorrect usage of any equipment that requires batteries to operate.
d) Vehicle blocked off-road or at an unpaved road.
e) A breakdown caused by willful neglect (e.g. off-road driving).
f) Assistance to change a flat tire.
Any tow/relocation expenses will be charged to the Hirer.
5) The Rental Firm provides 24hr Assistance, although outside standard business working office hours some delays may occur.
6) In case of any malfunction, the Hirer is not allowed to make repairs or alterations to the vehicle, unless authorized by the Rental Firm and following exact instructions. For any malfunction that does not require vehicle immobilization and that cannot be required on-site, the Hirer must mobilize the vehicle to a specific location to be indicated by the Rental Firm.
7) In the event of vehicle immobilization due to mechanical breakdown, or accident, and if it is not possible to repair on-site, the Rental Firm shall send a tow truck to drive the vehicle and the Hirer to the closest workshop or rental depot.
9. Insurance Coverage
1) The rental vehicle is insured against third party vehicles and property damage.
2) The insurance is valid in New Zealand. The vehicles can only be driven in the country in which the insurance is valid. Driving in countries other than the ones mentioned above constitutes a violation of the agreement and to the maximum extent permitted by law the Rental Firm is not liable for any damage, malfunction or other consequence that happens outside the country in which the Insurance is valid. The Hirer acknowledges and agrees it is liable for any reparation costs and/or relocation of the vehicle and any other administrative costs, charges, fees, fines, liabilities or penalties the Rental firm incurs as a result of that unauthorized use.
3) The insurance for the Vehicle only applies for the period stipulated in the Rental Agreement. To the maximum extent permitted at law, the Rental Firm excludes liability for any damage or loss arising outside that period, and the Hirer is liable for any such damage or loss and indemnifies the Rental Firm from against such damage or loss.
4) Subject to clause 11 of these Rental Agreement Terms and Conditions, the Hirer is responsible for any damage incurred while in possession of the vehicle, up to the amount of the security deposit. All the Protection Plan options and security deposit only cover the first accident suitable to activate the Insurance coverage of each rental. In case of more than one accident suitable to activate the Insurance coverage during the rental period, the Hirer is responsible for the full repair costs of each additional damage. To cover the costs of any possible damages, the Rental Firm will block the full amount of the security deposit on the credit/debit card associated to the Hirer.
5) The Hirer may choose one of the following protection plans:
5.1) The basic: The basic protection plan is free.
Deposit: Requires a security deposit of €2,000, Maximum Liability of €2,500, On-trip chat support and guidance 24/7, Coverage for all damages to third-party vehicles and property Van Swap: not included a substitution van (due to customer negligence) Window Insurance: It does not have window insurance Tire insurance: It does not have tire insurance.
5.2) The premium: Needs to have 25+ years old. The price for this insurance is €30 per night. For the Trekker models the price is €26 per night.
Requires a deposit of €500 and a Maximum liability of €199 excluding liabilities under clause 11, On-trip chat support and guidance 24/7 Substitute van Up to 3 additional drivers.
All Protection plans include Roadside Assistance (which includes 24/7 Line Assistance and the towing of the vehicle to a nearby Rental Firm depot or auto garage in case of accidents or mechanical breakdown). The Rental Firm maintains the right to charge any additional costs incurred by it that are not covered by the insurance agreement/Roadside Assistance.
6) If Window Coverage is selected, the repair cost of one glass window is covered. Headlights, side mirrors and roof windows (skylights) are not included.
7) If Tire Coverage is selected, the accidental damage of one tire is covered. Rim and service of changing the tire is not included.
8) TRAVEL IN THE FOLLOWING AREAS IS STRICTLY FORBIDDEN AT ALL TIMES:
• All unsealed/unpaved roads, except for well-maintained access roads less than 12 kilometres long, leading to recognized commercial campgrounds, major tourist attractions, or major ski field access roads;
• All ski field access roads (from 01 June to 31 October);
• Skippers Road (Queenstown);
• The Crown Range Road/Cardrona Valley Road;
• Ninety Mile Beach (Northland);
• Wanaka - Mt Aspiring Road (beyond exit to Treble Cone);
• Ball Hut Road (Mt. Cook);
• North of Colville and Waikawau Township (Coromandel Peninsula);
• Any area experiencing extreme weather conditions.
9) Traveller in the above locations will be considered off road and clients will be charged according to the Rental Terms and Conditions:
• charged a NZ$300;
• Hirer who travel to restricted areas will void the protection plan option.
10. Accident / Vehicle Damage
In the event of an accident or vehicle damage, the Hirer agrees to:
1) Immediately notify the Rental Firm and police authorities of any accident, theft, robbery or other misfortune;
2) Take pictures and obtain names and addresses of all persons involved as well as witnesses, that can document what happened;
3) Fill in and complete the accident report, together with other vehicles that may be involved;
4) Avoid leaving the vehicle without taking all measures regarding its protection and safety;
5) Avoid taking any responsibility or pleading guilty on behalf of the Rental Firm, or taking any other steps that might hold the Rental Firm liable; and
6) Collect the accident report signed by all parties involved and the documents prepared by the police authorities along with the vehicle keys, if retained (in case of vehicle theft) and send it immediately to the Rental Firm.
The Hirer acknowledges and agrees the requirements of this clause are consistent with the requirements of the Insurance relevant to the Vehicle, and a failure to comply with these requirements may result in the Insurance coverage not responding and the Hirer being liable for relevant damage, expenses, liabilities, losses and penalties.
11. Liabilities
1) In these Rental Agreement Terms and Conditions:
The Authorized Drivers hereby agree to abide by all child safety rules and regulations as applicable by Federal and Alberta law, including:
a) ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated regulations;
b) CGA means the Consumer Guarantees Act 1993 (NZ); and
c) consumer is as defined in the ACL or CGA, as applicable.
2) Except as these Terms and Conditions specifically state, or as contained in any other written document provided by the Rental Firm in relation to the Vehicle, the Rental Agreement does not include by implication any other condition, term or warranty in respect of the acceptability, condition, design, fitness for purpose, manufacture, merchantability, performance or quality of the Vehicle, or any contractual remedy for its failure.
3) If the Hirer is a consumer, nothing in these Rental Agreement Terms and Conditions limits, modifies or restricts the Hirer’s rights or remedies against the Rental Firm form a failure of a statutory guarantee under the ACL or the CGA, as applicable.
4) If the Hirer is not a consumer, then other than as stated in these Rental Agreement Terms and Conditions or as contained in any other written document provided by the Rental Firm in relation to the Vehicle, to the maximum extent permitted at law the Rental Firm is not liable to the Hirer in any way arising under or in connection with the storage or use of, or any other dealings with, the Vehicle by the Hirer or any third party.
5) The Rental Firm is not liable for any consequential or indirect damage, expense or loss suffered by the Hirer or any third party, howsoever caused, including but not limited to loss of business or goodwill, loss of a chance, loss of an opportunity, loss of profit or liability to any other party, except to the extent of any liability imposed by the ACL or CGA, as applicable, that cannot be excluded.
6) Nothing in these Rental Agreement Terms and Conditions is to be interpreted as excluding, modifying or restricting, or having the effect of excluding, modifying or restricting, the application of any legislation applicable to the supply of goods or services that cannot be excluded, modified or restricted.
7) To the maximum extent permitted at law, the Rental Firm excludes liability for personal injuries sustained during the rental period.
8) The Rental Firm recommends that no valuable items should be left in the vehicle, out in the open, while the Hirer is away from the vehicle and excludes liability for any belongings lost or stolen during the rental period.
9) To the maximum extent permitted at law, the Rental Firm excludes liability for any damage to the interior or exterior of the vehicle arising due to vandalism/theft, accidental or weather damages.
10) To the maximum extent permitted at law, where the Rental Firm's liability cannot be excluded, any liability of the Rental Firm is limited to the amount paid out under the Insurance.
11) The Hirer acknowledges and agrees that, to the maximum extent permitted at law, the Hirer is liable and responsible for all costs, damage, expenses, liabilities or penalties as follows (which are expressly excluded from any protection plan that the Hirer may have purchased):
a) Any and all damage to vehicle, arising from the Hirer's breach of a clause in this Rental Agreement;
b) Any and all damage caused by willful conduct of the Hirer, or the influence of alcohol, drugs or any substance on the Hirer that reduces driving ability;
c) Any loss of, damages to or theft of personal belongings;
d) Any and all damage arising from the Hirer's careless or negligent behavior, or fails to abide by local road rules or Rental Firm instructions;
e) The cost to retrieve or recover the vehicle from any restricted area, submerged, bogged, trapped, or abandoned unless caused by circumstances beyond the control of the Hirer;
f) The cost to replace keys which have become damaged, lost, stolen, or locked inside the vehicle;
g) Any and all damage caused by use of the vehicle by a driver not identified in the Rental Agreement, or with a canceled, expired, suspended or seized driver’s license;
h) Any and all costs associated with the incorrect use of fuel, or use of incorrect fuel;
i) Any and all damages to the vehicle below side door lines or above the windscreen line, if there is no collision with third parties;
j) Any and all damage arising from the hitting an animal while driving;
K) Any and all damages caused by the wind blowing up a vehicle door.
12. Return of the Vehicle
1) The vehicle must be returned at the date, time and location specified in the Rental Agreement.
2) The Hirer can change the drop off location or check-out date/time if the Rental Firm Reservations staff have previously authorized said the change in writing. Charges may apply and are payable by the Hirer, and the amount of any such charges will be communicated by the Rental Firm's Reservations team prior to confirmation of the change. The Charges apply to all cases, irrespective of the reasons behind the change. If the Rental Firm does not confirm the change via email, the Hirer must comply with the contract location and drop-off date and time as outlined in the Rental Agreement.
3) If the Hirer fails to obtain prior authorisation from Rental Firm Reservations staff to effect return of the Vehicle other than in accordance with the schedule agreed in the Rental Agreement, the Hirer will be liable to and must pay to the Rental Firm an amount equal to three times the rental nightly rate be paid immediately upon the drop-off, which the Rental Firm and the Hirer agree is a genuine pre-estimate of the Rental Firm’s loss arising from such breach by the Hirer
4) If the Vehicle is not returned to a Rental Firm employee, the Hirer is liable for any and all losses or damages, including vehicle theft or robbery.
5) Vehicle equipment: The Vehicle is provided with a cleaning kit, and other equipment. If the Vehicle is not returned with the cleaning kit and equipment and/or rental extras in the same conditions as they were supplied to the Hirer, the Rental Firm may charge the Hirer the value of the items, and the Hirer must pay such amounts to the Rental Firm.
6) Cleaning Fee Hygiene Facilities: You may be charged a fee of NZ$100 if there is evidence of smoking or vaping in our Vehicle. The Cleaning Fee Hygiene Facilities also includes the uncleaning of the fridge. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
Water Cleaning Fee: You will be charged a fee of NZ$175 if the grey water tank its not empty and NZ$250 for the black water tank. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
7) Deep Cleaning Fee: You may be charged a fee of NZ$225 if the Vehicle is returned substantially less clean then delivered and beyond the conditions described above on the renter will be charged this deep cleaning fee. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
8) If the vehicle is not returned with the same fuel level as at pick-up, the Hirer will be charged NZ$125 for every 1⁄4 tank missing.
13. Liability / Security Deposit and After Rental Payments
1) Subject to this clause, the security deposit can only be paid by credit/debit card (Visa, AMEX or Mastercard), and the credit/debit card owner must be present at the pick-up. If the Hirer proposes to use a debit card, only debit cards which allow a hold deposit to be processed will be accepted. Under no circumstances will the Rental Firm accept a deposit to be charged as a transaction on any card type. The Hirer agrees to check with your issuing bank whether your debit card will allow a hold deposit to be processed. At the vehicle delivery, the Hirer is required to pay the security deposit according to the chosen Protection Plan option. This amount will be held in the Hirer’s credit/debit card to ensure the excess payment in the event of robbery or accident and any other vehicle damage during the rental period.
2) If the security deposit amount is not authorized by the bank or by the credit/debit card owner, this Rental Agreement cannot be executed, and the vehicle cannot be delivered.
3) The security deposit will be returned to the Hirer at the end of the rental period, by a Rental Firm staff member, provided the Rental Firm staff member determines and state the vehicle is in the same condition as it was when it was first collected by the Hirer.
4) Vehicle damage and equipment/extras damage costs will be charged according to the Rental Firm price table.
5) In case of an accident where the Hirer does not consider himself/herself responsible, the Rental Firm will hold the full amount of the security deposit until the insurance company determines and communicates to the Rental Firm that the Hirer is not responsible for the accident.
6) If the damage repair costs cannot be determined immediately, the Rental Firm will hold the full amount of the security deposit.
7) The Hirer agrees that the Rental Firm is authorized to charge the credit/debit card on file for any further amounts that may arise such as parking tickets, fines, traffic offence penalties, tolls, damages to the vehicle (interior or exterior) and overdue amounts, of which the Hirer bears the sole responsibility. The Rental Firm is entitled to verify any of the damages to the vehicle for 30 days after the last day of the rental agreement.
8) If the Rental Firm is notified or contacted by any administrative private or public entity due to the Hirer´s behavior, the Rental Firm will charge the Hirer, for each individual event, an administrative fee of:
a) NZ$25 if only the identification of the Hirer/Driver was legally required (an exceptional reduced fee of NZ$15 may apply to tolls' entities with which there is an established protocol) or
b) an administrative fee of NZ$50 if the Rental Firm had to legally make any payment on behalf of the Hirer or present any opposition/appeal, without prejudice of the complete reimbursement to the Rental Firm by the Hirer of any amounts paid by the Rental Firm arising or aggravated by the Hirer´s behavior.
9) The Hirer must provide the Rental Firm with an alternative credit/debit card that can be used to meet Hirer’s obligations under the Rental Agreement, in case of insufficient funds, declined transactions for any reason, and cancelled or suspended credit/debit card.
10) If the Hirer defaults in payment by the due date of any amount payable to the Rental Firm, then without prejudice to any of its other accrued or contingent rights the Rental Firm may:
a) charge the Hirer interest on any sum due at the rate of 5% for the period from the due date until the date of payment in full; and
b) charge the Hirer form, and the Hirer must indemnify the Rental Firm from and against, all costs and expenses (including without limitation all legal costs and expenses) incurred by the Rental Firm resulting from the default or in taking action to enforce compliance with the Rental Agreement including these Rental Agreement Terms and Conditions.
14. Customer Agreement
1) The Rental Agreement constitutes the entire arrangement of the parties and there are no other oral undertakings, warranties or arrangements between the parties as to its subject matter. Any charges are calculated in accordance with the Agreement and respective Terms and Conditions.
2) The Hirer’s payment of its deposit under the Rental Agreement evidences its acceptance of and agreement to be bound by the Rental Agreement including these Rental Agreement Terms and Conditions.
3) The Hirer has used best efforts to ensure all information supplied by it to the Hirer in relation to this Rental Agreement is accurate, complete and truthful.
4) This Rental Agreement may only be assigned to any third party with the written agreement of both parties.
15. Vehicles and brands
If, for any reason that is not the rental firm’s responsibility, such as a delay by the previous renter, accident, theft, breakdown, weather conditions, pandemics, strikes, or any other situation that can compromise the delivery of the vehicle previously reserved, it is not possible to perform the Vehicle delivery on the stipulated date or time, the Rental Firm can:
1) Provide the Hirer a similar category or model - The vehicle brand, year of edition, design or color may vary.
2) Inform the Hirer of unavailability of the vehicle and provide the Hirer with the full refund of the amount paid, in which case to the maximum extent permitted by law no other or additional compensation is payable by the Rental Firm.
16. Data Protection
1. In these Rental Agreement Terms and Conditions:
a) PPSA means, as as applicable, the Personal Property Securities Act 2009 (Cth) in Australia, or the Personal Property Securities Act 1999 (NZ) in New Zealand, and its associated regulations as amended from time to time; and
b) for the purpose of this clause, terms used in this clause have the same meaning as contained in the PPSA
2) f the Rental Firm determines that the Rental Agreement is or contains a security interest for the purposes of the PPSA, the Hirer must, at its cost and immediately upon the Rental Firm’s request:
a) do all things reasonably required (including execution of documents) to ensure the Rental Firm has an enforceable, continuously perfected security interest (as defined in the PPSA and irrespective of whether there may be monies or other obligations owing by the Hirer at any particular time) created in the Vehicle pursuant to the Rental Agreement. This includes, but is not limited to:
i) providing details of any item of collateral sufficient to complete registration of the security interest in accordance with the requirements of the PPSA;
ii) enabling the Rental Firm to apply for registration of or give any notification in relation to the security interest; and
iii) enabling the Rental Firm to exercise rights in relation to the security interest; and
b) procure from any person considered by the Rental Firm to be relevant to its security position, such agreements and waivers as the Rental Firm may at any time require to ensure the Rental Firm attains the highest ranking security possible in respect of the security interest.
3) In circumstances where this Rental Agreement constitutes a PPS Lease (in Australia) or a Security Agreement (in New Zealand), the Hirer acknowledges that it is the grantor and the Rental Firm the secured party holder of a Purchase Money Security Interest (PMSI) by virtue of the Rental Agreement and the PPSA.
4) The Hirer must not, except with the Rental Firm’s express written consent, allow to be, or be liable to become, perfected or attached in favour of any person, a security interest in the Vehicle, and whether to a provider of new value or otherwise.
5) Where permitted by the PPSA (in Australia), the Hirer waives any right to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
6) Where permitted by the PPSA (in New Zealand), the Hirer waives any right to receive a copy of any verification statement under section 148 of the PPSA and agrees, to the extent permitted by law (including under section 107 (permitted contracting out) of the PPSA), and in respect of any arrangement between the Rental Firm and the Hirer, the Hirer shall have no rights under or by reference to sections 114(1)(a), 116, 120(2), 121, 125 to 127, 129, or 131 to 134 of the PPSA.
7) The Rental Firm and the Hirer agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA (in Australia) shall apply to the Rental Agreement.
8) To the extent permitted by the PPSA:
a) the provisions of Chapter 4 of the PPSA (in Australia) or Part 9 of the PPSA (in New Zealand) which are for the benefit of the Hirer or which place obligations on the Rental Firm will apply only to the extent that they are mandatory or the Rental Firm agrees to the application in writing;
b) where the rental Agreement has rights in addition to those in Chapter 4 of the PPSA (in Australia) or Part 9 of the PPSA (in New Zealand), those rights will continue to apply.
9) For the purposes of section 275(6) of the PPSA (in Australia), the Rental Firm and the Hirer agree and undertake that the Rental Agreement and any information pertaining to the rental of the Vehicle and details of the Vehicle shall be kept confidential at all times. Neither party may disclose any information pertaining to the Rental Agreement or the rental of the Vehicle, except as required by law or that is already in the public domain.
10) The Hirer hereby consents and appoints the Rental Firm to be an interested person and the Hirer’s authorised representative for the purposes of section 275(9) of the PPSA (in Australia).
11) The Rental Firm may allocate amounts received from the Hirer in any manner the Rental Firm determines, including in any manner required to preserve the PMSI it has in the Vehicle.
12) If (in New Zealand) the Rental Firm does not have a security interest registered on the New Zealand Personal Property Securities Register in the Vehicle within 10 working days of the Hirer taking possession of the Vehicle, the Rental Period (including any option to renew to extend, or the aggregate of consecutive Rental Periods during which the Hirer may have substantially uninterrupted possession) shall, notwithstanding anything else in the Rental Agreement, be the lesser of the following (without any ability to renew or extend the rental period);
a) the specified Rental Period; and
b) one year only (being one day short of the applicable threshold for a lease for a term under the PPSA).
17. Severability
If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
18. Governing law and jurisdiction
1. The Rental Agreement and these Rental Agreement Terms and Conditions are governed by, and are to be construed in all respects with, the laws of Portugal.
2. The Rental Firm and the Hirer submit to the non-exclusive jurisdiction of the courts of the city of Lisbon, Portugal.
19. Cancellation Policy
The cancellation policy is integrated with the flexible payment options Indie Campers provided to the travellers making a reservation for a road trip. Indie Campers Group cancellation policies are designed to seamlessly integrate with our flexible payment options, ensuring a hassle-free experience for travellers who reserve a road trip with Indie Campers. When creating a reservation associated with the Indie Fleet Flexible Cancellation, travellers have the right to parcel their payments. The initial payment amounts to 50% of the booking value, while the remaining balance can be settled through a second payment, due 30 days prior to the pick-up date. Alternatively, travellers may choose to pay the full amount of the booking at the time of reservation. Please note that for all reservations made under the Indie Fleet Flexible Cancellation, within 30 days of the selected pick-up date, the total reservation value must be paid upon reservation. For reservations made with partial payment, the completion of the second payment is essential to ensure the reservation's validity. Failure to fulfil the second payment will result in automatic cancellation of the reservation, without any entitlement to a refund In the event that additional services are added to the reservation or modifications are made that increase the booking value, the corresponding additional payment must be made immediately upon request. This ensures the effective inclusion of the requested services within the scope of the reservation. Conversely, if additional services are added or modifications are made resulting in a decreased booking value, the refundable amount in the case of cancellation within 30 days and 1 day before the pick-up date will be proportionately adjusted. Whenever the entitled is entitled to a refund, Indie Campers shall process a transfer of the amounts to the travellers account within 5-10 business days.
The cancellation rates are determined according to the time remaining from the date of cancellation to the day of pick-up.
Rental Duration
1. Campervan rental charges are calculated on a calendar day basis. The pick-up and drop-off days are considered rental days, regardless of the pick-up and drop-off time.
2. Late Pick-ups or Earlier Drop-offs do not entitle the customer to any refund of the unused portion of the rental.
3. Pre-arranged after-hours pick-ups or drop-offs requested by the Hirer are subject to an additional fee according to the rental firm price table.
Office Hours
Indie Campers operates 7 Days per week, from 09:00 to 17:30.
Indie Campers requests the hirer to be at the office by latest 17:00 for pick-up and drop-off, unless a Late/Early Fee applies.
Vehicle Availability and Upgrades
If the exact model booked is not available, Rental Firm reserves the right to provide you a similar category or upgraded model, according to the pick-up location availability. Additionally, we cannot guarantee specific colors or designs for the vehicle rented.
Please wait...