Terms of service

Introduction

Evolve Rentals Limited are in the business of providing rental Vehicles.

These terms and conditions apply to anyone who hires or drives an Evolve Rental Vehicle. By using an Evolve Vehicle an individual is deemed to have agreed to these terms and conditions of use without qualification. Failure to agree to be bound by these terms and conditions will prevent the hire or use of an Evolve Rental Vehicle.

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

Definitions

In these terms and conditions, unless the context indicates the contrary:

‘Additional Driver’ means an individual identified under the Evolve Rentals Ltd Rental Document as authorised to drive the Vehicle.

‘Vehicle’means a vehicle owned used by Evolve Rentals for the provision of services under the Evolve Rentals Rental Agreement.

1. General

1.1 Only the people listed in the Rental Document as additional drivers will drive the Vehicle.

1.2 Anyone who drives the Vehicle must have a valid full New Zealand or overseas driving licence (translated into English if necessary), as is required under New Zealand law for the class of Vehicle.

1.3 A minimum age of 18 and maximum age of 85 applies for Rental to be approved by Evolve Rentals Ltd.

1.4 Evolve Rentals Ltd may request two recent (within 3 months) forms of address from the Hirer before allowing a Vehicle to be rented to the Hirer.

1.5 Daily hire charges are calculated on a per twenty-four-hour day basis.

2. Disputes

2.1 If the Hirer believes they have been incorrectly charged or has any other complaint about their experience, the Hirer must inform the Owner in writing within 20 working days from the start of the hire period.

2.2 The Owner will aim to resolve all complaints amicably and in good faith and try to settle all disputes within 14 days.

3. The Hirer’s Obligations

Payment

3.1 The Hirer will pay to the Owner the amount specified on the Rental Document.

3.2 In addition to the payments specified in the Rental Document, the Hirer acknowledges they shall be liable at the end of the hire term to pay to the Owner any applicable additional charges payable at the end of the term. These charges include, but are not limited to:

3.3 The Hirer must provide the Owner with credit card details at the commencement of the hire period. The credit card must be in the name of the main Hirer. The Owner reserves the right to refuse a hire if the main driver does not have a credit card in their name. A debit card may be provided if Smart Protection is added to the hire reducing the excess and bond to $0.00. The Owner may put a hold on Hirer’s credit card or debit card up to the total value of the hire. If any loss occurs, Owner will charge the loss based on the actual costs to your credit card or debit card.

3.4 There is no deposit required to secure a booking with the Owner. Full payment is taken on the day the rental period commences or at time of booking if booked through a third party. For after-hour collections, payment is taken the working day prior to the rental commencement. If the Hirer cancels the booking prior to collection then the cancellation policy will apply.

3.5 The Owners’s preferred payment methods are by credit card or cash which must be in NZD. When the Hirer is paying by credit card, a 2.5% surcharge applies for all Visa or MasterCard transactions and a 5% surcharge applies for any American Express transactions.

How to use the Vehicle

3.6. The Hirer must never:

3.7 It is the Hirer’s responsibility to ensure that:

Accidents

Returning the Vehicle

4. Evolve Rental Ltd Responsibilities (Owner Responsibilities):

4.1 The Owner will make sure the Vehicle is in a safe and road worthy condition and displays a valid and current Warrant of Fitness (WoF) and registration, in accordance with the legal requirements in New Zealand.

4.2 If the Vehicle needs repair or replacement, the Owner will discuss options with the Hirer to minimise inconvenience as much reasonably possible.

5. Cancelling this Agreement

5.1 The Hirer will be liable for the cancellation fees set out in the table below:

5.2 If the Vehicle you booked is unavailable, the Owner will upgrade the Hirer to the next best option. If no upgrade is available, the Owner will still give the Hirer a Vehicle and refund the difference in value or give the Hirer the option to cancel. If no Vehicle is available at all, the Owner will recommend an alternative rental supplier.

Dangerous Driving

5.3 If the Owner reasonably believes that the Hirer or additional driver’s driving will likely cause danger to yourself or anyone else, the Owner may:

5.4 If the Owner cancels the agreement because of this, the Hirer must return the Vehicle to the address set out on page 1 of the Rental Document as soon as possible.

5.5 The Owner may cancel the Rental Agreement if the Hirer breaches any of the obligations or conditions outlined in these Terms and Conditions or related Rental Document. In such an event, no refund will be given to the Hirer.

6. Privacy

6.1 The Owner will collect, hold and use the Hirer’s personal information for purposes related to the hire of the Vehicle. The Owner may disclose such personal information to third parties legitimately seeking to recover debts incurred because of the Hirer’s use of the Vehicle.

6.2 The Hirer retains the right of access to, and correction of, their personal information.

6.3 Specific Vehicles in the Evolve Rentals Ltd fleet collect data on a per journey travelled basis. The Owner has the right to retain such information and use said information at their own discretion.

7. Liability

The Hirer is liable for any:

7.1 loss or damage to the Vehicle and its accessories,

7.2 consequential loss, damage or costs the Owner has to pay, including salvage costs.

7.3 loss or damage to Vehicles and property of third parties arising during the hire, that is caused by the Hirer or anyone driving the Vehicle, and

7.4 collection costs that may be occurred if the Hirer fails to pay any amount owed to the Owner, and the debt has to be referred to a debt collection agent.

8. Insurance

8.1 The Owner’s fleet is insured under a policy of motor Vehicle insurance (“Policy”) from a person or company licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010.

8.2 Please note that the Owner does not providing insurance services to the Hirer. The Owner’s insurance responsibilities are limited to managing the insurance provided under the Policy. The Owner reserves the right to decide whether to claim under the Policy. If the Vehicle is damaged, the Hirer must contact the Owner at once and only deal with the Owner.

Who is covered

8.3 Additional drivers listed on the Rental Document are covered against any accidental loss as set out in clause 8.2.

What will the insurer pay

8.4 The Hirer is insured under the Policy for the market value of the Vehicle, and up to $10,000,000.00 for loss or damage to Vehicles and property of third parties arising during the hire, that is caused by the Hirer or Additional Drivers of the Vehicle.

Hirer excess

8.5 All Vehicles come with Smart Protection Cover included in the amount specified on the Rental Document. Smart Protection Cover provides full insurance coverage with $0.00 excess.

8.6 Smart Protection Cover includes the following:

8.7 If the Hirer relies on Smart Protection Cover to make a claim during the hire (e.g. in the instance of where a police report is issued, or if the windscreen is replaced) Smart Protection Cover is void for the remainder of the hire. It is at the discretion of Evolve Rentals Ltd to decide whether Smart Protection Cover can be issued again. Smart Protection Cover does not cover damage caused from snow chains, underbody or over body damage (including if the Vehicle has a rollover), or towage costs associated with any damage.

8.8 If the Vehicle is damaged in any way or if the Vehicle is involved in an incident which damages third party property, the bond will be captured from the Hirer’s credit card. The liability for damage to the Vehicle is applicable to the Hirer regardless of who is at fault. If the Hirer is not at fault and the third party admits liability, then a refund will be processed upon receipt of payment for damages from the third party. If the Hirer is at fault, Vehicle damage repair costs will be obtained and any refund between the amount of the damage repair costs and the bond will be refunded to the Hirer. If the damage repair costs are greater than the bond, the Owner reserves the right to charge the full damage repair costs if these terms and conditions are found to have been breached.

8.9 Insurance needs to be renewed in the event of an insurance claim. Insurance does not cover the transportation of damaged Vehicles, or a replacement Vehicle following an accident.

8.10 All damage must be reported within 24 hours for insurance to apply.

8.11 In the event of an accident involving the Hirer or any additional driver, the Owner is under no obligation to provide a replacement Vehicle. The unused portion of the hire will not be subject to refund.

8.12 The Hirer will not be covered for any loss referred to in clause 7 if:

9. Mechanical Faults

9.1 The Hirer shall take all reasonable care to ensure that the Vehicle is properly maintained during the hire period. This shall include daily checks of the oil, water and battery.

9.2 The Vehicle is covered by 24 hour, 7 days, road-side assistance at the cost of the Hirer. If the Hirer has chosen Smart Protection Comprehensive Protection Cover then the cost of the roadside assistance is included.

9.3 If the Vehicle has any mechanical failures during the hire these issues must be reported to Evolve Rentals as soon as possible in order to give the Owner the opportunity to rectify the issues during the rental.

9.4 The Hirer is not entitled to any refund unless Evolve Rentals Ltd has been advised of the issue and has been given the opportunity to rectify the situation.

9.5 A refund can be requested from the Owner if a breakdown has directly caused a delay in travel in one location of 48 hours or more.

9.6 The Owner is not liable for any delay in repair caused by a breakdown occurring on a weekend or public holiday.

10. Refunds

10.1 Any potential refund for a breakdown of the Vehicle is limited to the daily rental rate of the Vehicle for each day.

10.2 For the avoidance of doubt, the Owner is not liable for any costs the Hirer incurs due to the breakdown including but not limited to substitute rental Vehicle, accommodation costs, and any other costs associated due to the breakdown unless otherwise stated in these terms and conditions.

10.3 Owner does not accept any liability for currency exchange rate fluctuations.

10.4 All refunds are subject to a processing period of up to 30 working days from the date the Vehicle was returned to the Owner.

11. Amendments

11.1 If an amendment is made to the hire dates within 3 days prior to collection or during the hire, no refund will be made if the length of the hire is decreased (that is, the rental will be charged at the number of days originally booked).

11.2 If the Hirer must obtain authorisation from the Owner before extending the rental whilst on hire..

11.3 Any extension is subject to fleet availability and the Owner will advise of the additional cost.

11.4 Failure to obtain authorisation before extending the term (i.e. a late return) will result in the Hirer being charged the daily rate plus an additional NZ$200 for each day.

11.5 If the Hirer wishes to change the pick up or drop off location after confirmation of the booking, or during the hire period, authorisation from the Owner must be obtained.

11.6 Subject to the change being approved, an additional charge of NZ$750 may apply.

11.7 If the Vehicle is returned early for any reason there is no refund available for the unused portion of the hire.

12. Fuel

12.1 All Vehicles are supplied with a full tank of fuel and accordingly, all Vehicles must be returned with a full tank of fuel.

12.2 If the Vehicle is returned without a full tank of fuel, the Hirer is liable for the cost of the fuel, plus a fee of NZ $50.00.

13. Infringement Offenses

13.1 The Hirer will be liable for the following infringement offenses committed during the hire.

13.2 If the Hirer commits an infringement offence, they must pay any infringement fee and costs due.

13.3 After receiving an infringement notice, the Owner will transfer liability for the offence from Evolve Rentals Ltd as the registered Owner of the Vehicle to the Hirer as the driver, providing the relevant infringement authority with the Hirer’s name, address, date of birth and driver licence number. The Owner will charge an administration fee of up to $50.00 per infringement to cover the cost of transferring liability.

13.4 If the Owner is unable to transfer liability (e.g. if the infringement doesn’t allow liability to be transferred, or if the Owner does not hold all information necessary to transfer liability), the credit card held on file will be charged for the amount of the infringement fee plus a $50.00 administration fee.

13.5 The Hirer has the right to challenge, complain about, query or object to the alleged offence to the relevant issuing infringement authority. If the Hirer is successful at having the infringement reversed, any administration fee that the Owner has charged in relation to your infringement will not be refunded.

13.6 If, as at the completion date of the Rental Agreement, any costs associated with the rental have not been paid, or subsequent to this completion date the Hirer become liable for additional costs in relation to the rental agreement, the Owner reserves the right to refer the Hirer’s account to a debt collection agency.

13.7 In these circumstances, and solely at the Owner’s discretion, the Hirer may become liable for all costs incurred by the Owner in relation to the collection of this debt (including but not limited to internal administration fees, legal fees, collection agency fees, and bank fees).

Hirer’s Rights

13.8 Hirer is entitled to:

14. Other Extra Fees and Charges

14.1 Cleaning Fee: a fee of $200.00 will apply if the Vehicle is not returned in a tidy condition.

14.2 Smoking Fee: a fee of $200.00 will apply if any person smokes inside and/or around the Vehicle.

14.3 Pet Fee: a fee of $200.00 cleaning fee will apply if pets are found to have been in the Vehicle

14.4 Call-out Fee: If roadside assistance is required and Baseline or Risky Business cover is selected, the Hirer will be liable for the roadside assistance provider’s call-out fee where the call out is due to driver error. This includes, but is not limited to: flat battery due to driver error (e.g. lights le on, door left open etc); Hirer has run out of petrol; anything else related to driver error, accidents etc. If assistance is required purely due to mechanical breakdown, the call out fee will be covered by the Owner.

14.5 Towing Charge: the Hirer will be liable for the cost of towing the Vehicles when the Vehicle is required to be towed due to human error. This includes but is not limited to accidents (regardless of who is at fault), flat batteries due to Hirer error (lights left on, door open etc), wrong fuel in the tank, etc. If the tow is required due to mechanical breakdown, the cost of the tow will be covered by the Owner.

15. Other

15.1 Evolve Rentals Ltd reserves the right to amend these terms and conditions, Vehicle specifications and tariffs at any time without prior notice. Evolve Rentals Ltd reserves the right to refuse any rental at its own discretion.

15.2 The Hirer agrees that Evolve Rentals Ltd shall have the right to refuse any rental and/or terminate the hire and take immediate possession of the Vehicle, without notification to the Hirer, if

15.3 In such event the Hirer will:

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