TROPICANA RENTALS - RENTAL AGREEMENT TERMS AND CONDITIONS 

Tropicana Rentals aims to keep the car rental process uncomplicated. Please see below for our Rental Agreement Terms and Conditions.

1. General

  • This Agreement consists of these Terms and Conditions and the Details set out on  the front page of this documents (such as your name, address, details of your driver’s licence, details  of  the  vehicle,  the  amount  of  your  Excess,  additional  insurance  exclusions and  the dates of the Rental);

  • We agree to hire one of our vehicles to you for the period of the Rental, and you agree to comply with these Terms and Conditions. Please note that all of our charges include NCT;

  • This Agreement is governed by Niue and New Zealand law.

 
2. We agree to:

  • hire the vehicle described in the Details to you for the Rental;

  • make sure that the vehicle is legal and roadworthy to use in Niue;

  • insure the vehicle, unless otherwise stated and signed by you; and

  • explain any extra charges that will or might apply – we call these Additional Charges.

 
3. We may:

  • allow other Authorised Drivers to drive the vehicle, at our discretion; however, you remain liable for the performance of your obligations and the act and omissions of any Authorised Driver under this Agreement;

  • take the vehicle off you if you breach this Agreement, and you must pay all the costs that we incur to recover the vehicle;

  • cancel the Agreement at any time if, in our opinion, you or your driving creates a real risk of danger to other people, and you must pay all the costs that we incur to recover the vehicle; and

  • recover any costs from you that we incur to recover any money that you owe to us.

 
4. You agree to:

  • make sure that you or an Authorised Driver are the only people who drive the vehicle;

  • pay us the total amount that you owe us, including:

    • the daily rate for the agreed number of hire days (the number of consecutive 24-hour periods);

    • any extras you have requested when you pick-up the vehicle (pre-paid fuel or child seat, for example);

    • any Additional Charges, including:

      • the cost of a late return;

      • the cost to fill the vehicle with fuel (unless you purchased Pre-paid Fuel when you collected the vehicle);

      • costs to clean the vehicle (if necessary);

      • the costs to return the vehicle to the condition it was in when we hired it to you (if necessary), to the amount of the Excess;

      • a credit card surcharge of 3% for Mastercard and Visa, on all transactions where a credit card or a debit card is used for payment. The credit card surcharge is subject to NCT; and

      • the cost of all parking tickets or driving offence fines incurred during the Rental, and

      • the replacement costs (at current retail replacement value) of any damaged, lost or missing accessories, first aid kits or keys, and you authorise us to deduct all such charges from the credit or debit card you have provided to us.

  • place a pre-authorisation on your credit or debit card at the start of the rental, in the amount of the Excess, as security for any amounts that may become owing to us under this Agreement (including any Additional Charges). At the end of the hire, once final charges have been calculated, any unused portion of the pre-authorisation will be released to you by your bank. If the final charges exceed the amount of the pre-authorisation, you will owe us the shortfall and authorise use to deduct all such charges from the credit or debit card you have provided to us. Please note that the pre-authorisation may take up to 7 – 14 business days to be released by your bank;

  • return the vehicle to the agreed rental location at or before the expiry of the period of the Rental as described in the Details;

  • look after our vehicle and make sure it is kept safe and secure at all times;

  • ensure that all reasonable care of accessories and keys is taken at all times;

  • immediately stop driving the vehicle, turn it off, and contact us if a warning light or ‘check engine’ light comes on; and

  • ask us if you would like to change your vehicle return date, time, or place – we will do what we can to accommodate your amendments but this may mean Additional Charges for you.

 
5. You must not:

  • use the vehicle, or allow it to be used:

  • outside of your authority;

    • by any person if that person is under the influence of alcohol or any drug, including a prescribed medicine;

    • in a race, a speed test or any other type of contest;

    • contrary to any law or bylaw;

    • to transport more than the number of passengers for which the vehicle is certified, or to carry a larger load than that which the vehicle is authorised to carry;

    • by any person who does not hold a current driver’s licence appropriate for the vehicle;

    • for any form of hire or reward;

    • to push or tow any other vehicle;

    • deliberately or recklessly damage or cause loss to the vehicle;

    • use incorrect fuel in the vehicle;

    • smoke in the vehicle, or allow any other person to smoke in the vehicle; and

  • use the vehicle in any of the following places:

    • anywhere that is not officially designated as a road;

    • any tracks or bush tracks that are not designated as a road.

6. If you commit an offence during the Rental:

  • You will be liable for the fines and costs for any:

    • speeding, parking, other traffic infringements;

    • failure to comply with traffic signs or signals.

  • If an offence is committed during the Rental;

    • you will be liable for the costs related to that offence, whether or not you were the driver at the time;

    • within five working days of us receiving the notice of the offence (the Notice), we will transfer liability for the Notice to you by passing on your details to the relevant authority for such notices to be directed to

    • you have a right to challenge, complain about, query or object to any ticket directly to the organisation that has issued it (the Police if is a speeding ticket, for example); and

    • you have a right to ask for a court hearing in connection with any ticket (but you must ask for this within 14 days of the ticket being issued).

  • In the event that we are unable to transfer liability for the Notice to you by passing on your details to the relevant authority, we will charge your credit or debit card for the total amount of the ticket, and we will pay this to the appropriate authority as soon as we can.

  • We have the right to pass the details of any vehicle-related offence to a relevant authority, or to a debt collection agency, if we consider it is necessary.

  • By signing this Agreement, you agree that we have made you aware of your rights and obligations in relation to any Notice ticket for which you may be liable.

 
7. In the event of damage to the vehicle:

  • You must record the details of all other vehicles that are in any accident in which you are involved, and the name, address, contact telephone number and driver’s license details of each driver.

  • You must not arrange any recovery or repair of the vehicle, and you must tell us as soon as possible of the damage. You agree to do whatever we reasonably require to help us minimize our loss and/or for us to prosecute any person as a result of the accident.

  • We provide roadside assistance to any of our vehicles 24 hours a day, 7 days a week. You can contact us by calling 5606. We will meet the upfront cost of each callout, but we will on-charge this cost to you if the reason for the callout relates to something that is your fault (for example, running out of fuel, losing the keys, filling with the wrong fuel, locking the keys in the vehicle, or if a wheel on the vehicle needs to be changed due to a puncture).

  • We may choose to give you a replacement vehicle for the remaining Rental or we may decide in our sole discretion that the Rental has come to an end as a result of the accident.

  • We will not be responsible for any costs you incur as a result of any accident, or damage to the vehicle.

  • If there is damage to the vehicle:

    • you must pay us the applicable Excess;

    • we will get a quote to have our vehicle repaired;

    • if the repair cost is lower than the Excess you have paid, we will refund the difference to you; and

    • if you allege that a third party caused the damage and the third party is able to be identified, we will pursue them directly. If the third party accepts liability, the total Excess will be refunded to you.

  • If the damage to the vehicle is severe and cannot be repaired economically, the vehicle deemed a write off (up to 60% of the cost of replacing the vehicle) or to a safe standard, you will be liable for the full replacement cost of the vehicle, plus any loss of rental incurred whilst the replacement vehicle arrives (3 month period).

 
8. Insurance

  • Unless a breach of clause 5 has occurred, you are indemnified to the limit of $4,200.00 of any one vehicle in respect of any liability you might have to us, except if the vehicle is a write off or cannot be repaired economically.

  • If a breach of clause 5 has occurred, you are liable for the full repair or replacement cost of the vehicle.

  • The amount of the Excess and the additional daily rate payable depends on the vehicle hired. The amount of your Excess is set out in the Details.

 
9. Privacy

  • We collect and hold personal information about you, including your name, contact details, driver’s licence details, copies of invoices and our written communications with you.

  • We use this personal information in connection with providing vehicle rental and related services including damage monitoring, reporting and repair, responding to accidents and other incidents involving the vehicle, processing payments and charges, debt recovery, fraud prevention, insurance claims and credit management, marketing, and the promotion of safe driving in Niue.

  • We will comply with our obligations under the Privacy Act 1993 which limits our rights to collect, use and store such information.

  • We may need to disclose your personal information to our insurers, our service providers (including online), to authorities who collect fines and other road related charges, to the police on their request, to credit reporting bodies and debt collection agencies, your credit or debit card provider in the event you default on the payment of any monies owing to us, and to other parties involved in an accident with the vehicle during the hire period.

  • You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or have it corrected, please contact us at info@tropicanarentals.nu, by phone at +64 9 439 5606, or writing to us at 9 Liverpool Street, Dargaville 0310, New Zealand.

  • We may collect, hold, use and disclose your personal information in accordance with our privacy policy.