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 or 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.

1.6 Evolve Rentals does not hire Vehicles to holders of a restricted, provisional, learner, or equivalent overseas licence. Clause 1.2 requires a valid full licence. If a Hirer arrives to collect the Vehicle holding a restricted or equivalent licence, or is subsequently found to hold such a licence, the Owner may refuse to provide the Vehicle or immediately terminate the hire, and no refund will be given, including where the booking has already been paid in full.

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:

3.2.1 Petrol or other fuel used;

3.2.2 The Hirer returning the Vehicle later than the agreed time;

3.2.3 Damage to or repair of the Vehicle, and any enforcement charges related to this;

3.2.4 Traffic fines, infringement fees, and any administration cost the Owner has to pay in relation to this; and/or

3.2.5 Toll charges.

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 Cover is added to the hire, reducing the excess liability to $0 NZD. The Owner may put a hold on the Hirer's credit card or debit card up to the total value of the hire. If any loss occurs, the Owner will charge the loss based on the actual costs to the Hirer's credit card or debit card.

3.4 Full payment is required to secure a booking with the Owner. Full payment is taken 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 Owner'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:

3.6.1. Use or let anyone else use the Vehicle to transport passengers for hire or reward unless the Hirer lets the Owner know in writing, and the Hirer is appropriately licensed under Part 4A of the Land Transport Act 1998 ("the Act");

3.6.2. Sublet or hire the Vehicle to anyone else;

3.6.3. Allow the Vehicle to be used outside of the Owner's authority;

3.6.4. Drive or let anyone else drive the Vehicle in breach of sections 56, 57, 57AA, 57A or 58 of the Act;

3.6.5. Drive or let anyone else drive the Vehicle in any race, speed test, rally or contest;

3.6.6. Use the Vehicle or let anyone else use the Vehicle in breach of the Act, the Land Transport (Road User) Rule 2004, the Freedom Camping Act 2011, or any other Act, regulation, rule or bylaw about road traffic;

3.6.7. Use the Vehicle or let anyone else use the Vehicle to transport more passengers or goods than set in the certificate of loading and/or RUC certificate (whichever sets less);

3.6.8. Drive the Vehicle or let anyone else drive the Vehicle on any beach, riverbed, unformed track, private road, or any of the following restricted roads, or any other surface likely to damage the Vehicle:

North Island — 90 Mile Beach and the Te Paki Stream route to Cape Reinga North Island — Coromandel to Kuaotunu, and Kennedy Bay North Island — Any road north of Colville North Island — The Rotorua – Waikaremoana – Wairoa Road

South Island — Tasman Valley Road (Mount Cook) South Island — Ball Hutt Road (Mount Cook) South Island — Skippers Canyon Road (Queenstown) South Island — The road to Macetown (Queenstown) South Island — Catlins coastal routes South Island — SH70 Inland Kaikōura Road

Any snow region, unless road and weather conditions are suitable for the Vehicle being driven, snow chains are fitted where required, and the Hirer complies with all NZTA guidance, mountain/local authority instructions, and applicable laws at all times.

Any other location prohibited by Evolve Rentals from time to time

Driving on any restricted road may void insurance cover and result in full liability for all associated costs, as set out at clause 8.13(F); or

3.6.9. Carry pets or animals inside the Vehicle unless they are approved service animals.

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

3.7.1 The water in the Vehicle's radiator and battery are maintained at the proper level;

3.7.2 The oil in the Vehicle is maintained at the proper level;

3.7.3 The tyres are maintained at the proper pressure;

3.7.4 The Vehicle is secure and locked whenever it is not being used;

3.7.5 No interference with the distance recorder or speedometer;

3.7.6 No interference with any part of the engine, transmission, braking or suspension systems;

3.7.7 If a warning light appears, or the Hirer believes that the Vehicle needs mechanical attention, the Hirer or any alternative driver will stop driving and contact the Owner at once;

3.7.8 The Hirer and any additional driver will take reasonable care when driving and parking the Vehicle; and

3.7.9 The Hirer will keep a copy or have access to a digital copy of the Rental Document in the Vehicle during the hire.

Accidents

3.7.10. If the Vehicle is involved in an accident, is damaged, breaks down or needs repair or salvage, the Hirer must notify the Owner at once, regardless of who is at fault.

3.7.11. The Hirer must not arrange or carry out any repairs or salvage without the Owner's approval unless this is necessary to prevent further damage to the Vehicle or other property.

3.7.12. If the Vehicle is required to be towed, the Hirer will be responsible for the cost of towing the Vehicle regardless of who is at fault for the accident.

Returning the Vehicle

3.7.13. The Hirer must return the Vehicle before or at the end of the hire period to the address set out on page 1 of the Rental Document.

3.7.14. The Owner will not be responsible for any property found in or on the Vehicle after the Vehicle's return.

4. Evolve Rentals Ltd Responsibilities (Owner Responsibilities):

4.1 The Owner will make sure the Vehicle is in a safe and roadworthy condition and displays a valid and current Certificate of Fitness (CoF) 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 as reasonably possible.

5. Cancelling this Agreement

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

Cancelled at least 7 days before pick up — No further charges apply.

Cancelled 3 – 6 days prior to pick up — 50% of the amount specified in the Rental Document (including accessories and insurance) is payable to Evolve Rentals Ltd and/or the booking agent.

Cancelled within 72 hours of the Hire Start Day or Hirer no show — 100% of the amount specified in the Rental Document (including accessories and insurance) is payable to Evolve Rentals Ltd and/or the booking agent.

Cancelled during the Hire Term (permitted 24 hours' notice is given) — Hirer must pay the normal fee applicable under the Rental Document. If the Hirer has already paid the full amount, the Owner may at its discretion refund the Hirer for the outstanding days.

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:

5.3.1 Cancel the Rental Agreement at once by giving the Hirer either verbal or written notice; and

5.3.2 Elect to discuss circumstances of the cancellation with other rental companies to promote safe driving in New Zealand.

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.

6.4 The Owner may use GPS or other electronic tracking devices to determine the geographical location of the Vehicle. The Hirer consents to the use of GPS tracking during the hire, and to the Owner collecting, using and retaining information obtained through this tracking, including for the purpose of locating a lost or stolen Vehicle and, where necessary, disclosing that information to the New Zealand Police or other relevant authorities.

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 incurred 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 provide 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.

Please note: regardless of which insurance option is selected, tyre damage, flood damage, underbody damage, and loss of keys are never covered under any circumstances. See clause 8.7 for full details.

Insurance options

8.5 The insurance option selected by the Hirer will be shown on the Rental Document.

8.6 The following insurance options are available:

A. Basic Cover ($3,000 Excess Applies) Price: $0 NZD per day Basic Cover provides third party insurance with a $3,000 NZD excess in the event of an accident or damage to the Vehicle. A pre authorisation of $3,000 NZD is required upon collection of the Vehicle, and a valid credit card must be held on file for the duration of the rental.

B. Smart Protection Cover ($0 Excess) Price: $25 NZD per day Smart Protection Cover reduces the Hirer's excess liability to $0 NZD, subject to these terms and conditions.

8.7 For the avoidance of doubt, regardless of the insurance option selected, fault, or the circumstances of the incident, the following are never covered under any Policy or insurance option, and remain the Hirer's responsibility in full:

A. Tyre damage of any kind, including punctures, flats, blowouts, sidewall damage, accidental damage, or replacement tyres;

B. The cost to repair or replace a tyre for any reason;

C. Flood damage;

D. Underbody damage;

E. Loss of keys, damaged keys, stolen keys, broken keys, or the cost of recovering, replacing, reprogramming, or delivering keys; and

F. Towage costs associated with any damage, unless otherwise agreed by the Owner in writing.

8.8 In the event of a puncture, flat tyre, or similar tyre related issue, breakdown assistance may assist the Hirer, however the full cost of repair, replacement, call out, fitting, towing, or any related service remains the responsibility of the Hirer.

8.9 If the Vehicle is damaged in any way, or if the Vehicle is involved in an incident which damages third party property, the Hirer authorises the Owner to capture or process the applicable excess amount, or any other amount payable under these terms and conditions, from the Hirer's credit card or other approved payment card held on file. The Hirer's liability for damage to the Vehicle applies regardless of who is at fault. If the Hirer is not at fault and the third party admits liability, 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 amount charged will be refunded to the Hirer. If the damage repair costs are greater than the applicable excess or amount charged, the Owner reserves the right to charge the full damage repair costs if these terms and conditions are found to have been breached.

8.10 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.

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

8.12 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.

8.13 In addition to the exclusions at clause 8.7, the Hirer will not be covered for any loss referred to in clause 7 if:

A. The Hirer or anyone driving the Vehicle is under the influence of any intoxicating substance, drug or alcohol;

B. The Vehicle is used in an unsafe or damaged condition, and the person driving the Vehicle was or should have been aware of this;

C. The Hirer or anyone else drives the Vehicle in any race, speed test, rally, hill climbing or contest;

D. Anyone drives the Vehicle who is not named on page 1 of the Rental Document, or does not have a valid and full drivers licence;

E. The Hirer or anyone else driving the Vehicle causes any loss or damage by committing any intentional or reckless act or omission, including a reckless or intentional serious traffic offence;

F. The Hirer or anyone else drives the Vehicle on any beach, riverbed, private road, unformed track, or any of the restricted roads listed at clause 3.6.8;

G. Damage is caused due to unlawful driving;

H. The driver receives a charge of reckless or dangerous driving by the New Zealand Police;

I. Damage is caused when these terms and conditions are breached;

J. Damage is caused due to negligence or wilful conduct;

K. Damage is caused due to the use of incorrect or contaminated fuel — see also clause 8.16;

L. Damage is caused due to using the Vehicle in contravention of any legislation or regulation;

M. Insurance options do not cover loss or damage to accessories hired;

N. Vehicle rollover;

O. Over body damage; and

P. Any loss of, or damage to, any property stolen from the Vehicle or otherwise lost or damaged during the rental.

Damage & Repair Cost Estimates

8.14 The following figures are indicative estimates used to determine the bond or pre-authorisation held at the time of hire. They are not fixed charges. Where damage occurs, the Owner will obtain an actual repair quote. Provided none of the exclusions in clauses 8.7 or 8.13 apply, the Hirer's liability is limited to their applicable excess as set out in clause 8.6 — any repair cost above this amount is met by the Owner's own insurance Policy, not charged to the Hirer. Where an exclusion in clause 8.7 or 8.13 applies, clause 8.9 governs and the Hirer may be liable for the full repair cost. An administration fee of up to $150 may also apply. Repair costs may be higher for vehicles with electronic components (mirrors, sensors, windscreens etc.).

Write off — $6,000. Paint damage (per panel) — $600. Dents / broken LED lights (per panel) — $1,000. Structural damage (per assembly) — $2,500. Tyre replacement (small car) — $200. Tyre replacement (SUV) — $800. Mag wheel repair — $750. Mag wheel replacement (set of 4) — $3,000.

8.15 Where no damage, loss, infringement, or other outstanding charge is identified, the security bond or pre-authorisation held under clause 8.6 will be released within 10 working days of the Vehicle's return.

Incorrect or Contaminated Fuel

8.16 Using incorrect or contaminated fuel in the Vehicle (including, but not limited to, filling a diesel Vehicle with petrol or a petrol Vehicle with diesel) is treated as driver negligence and is not covered under any insurance option, regardless of which cover was selected — see clause 8.13(K). Incorrect fuelling commonly causes serious engine damage and frequently results in the Vehicle being written off. The Hirer is liable for the full cost of all resulting damage, with no excess, discount, or cap applying, in addition to all associated costs including but not limited to towing, recovery, and fuel system draining and flushing.

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, roadside assistance for mechanical breakdowns or issues outside of the driver's control. Mechanical breakdown means a breakdown that relates directly to the Vehicle, or a breakdown that is outside of the driver's control, such as starter motor or radiator problems. For clarity, tyre punctures, flat tyres, tyre replacement, lost keys, or any similar driver related issues are not covered by any insurance option and any related costs remain the responsibility of the Hirer.

9.3 If the Vehicle has any mechanical failures during the hire these issues must be reported to the Owner 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 the Owner 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 The 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.

10.5 Refunds will always be attempted to the main Hirer's credit or debit card provided at the time of hire. If this is unsuccessful, the refund will be processed via bank transfer, and the Owner will contact the Hirer to request bank account details.

10.6 If the Hirer does not respond with bank account details within 30 days of the Owner's request, the Owner may no longer process the refund.

10.7 Where an international bank transfer is required to process a refund, and the refund arises from a change of mind or amendment made by the Hirer (rather than an error or breach by the Owner), a $12.00 processing fee will be deducted from the refunded amount.

10.8 Any refund payable to the Hirer under these terms and conditions is subject to a refund administration fee of 10% of the refund amount, or $20.00, whichever is greater.

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 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.

11.8 If the Vehicle is not returned by the scheduled drop-off time stated on the Rental Document, cover under the Hirer's selected insurance option (clause 8.6) becomes void from the scheduled drop-off time onward. From that point, the Hirer is liable in full for any damage, loss, or third-party claim, in addition to the late return fee under clause 11.4.

11.9 If the Vehicle is not returned and payment for an authorised extension has not been made by the end of the original hire period stated on the Rental Document, the Owner may report the Vehicle to the New Zealand Police as stolen, in addition to charging the late return fee under clause 11.4 and applying clause 11.8.

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.

12.3 Clause 12.2 applies where the Vehicle is returned without a full tank of the correct fuel. Where incorrect or contaminated fuel has been used at any point during the hire, clause 8.16 applies instead, and the Hirer is liable for the full cost of resulting damage rather than the refuelling fee under clause 12.2.

13. Infringement Offences

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

A. A speeding offence

B. A toll offence

C. An offence for not keeping to a traffic signal direction, detected by Vehicle surveillance equipment

D. An offence for parking on a road that breaches any bylaw or road controlling authority

E. Any parking tickets whether issued by the respective body including but not limited to Council, Police or private company

F. An offence against Part 6 of the Land Transport (Road User) Rule 2004; or

G. An offence under section 20(1) of the Freedom Camping Act 2001.

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 becomes 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 The Hirer is entitled to:

13.8.1 challenge or complain about the alleged offence to the enforcement authority that sent the infringement notice, and

13.8.2 seek a court hearing, either within 56 days from the date the infringement notice was given, or 28 days from the date the reminder notice was given.

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 $400.00 will apply if any person smokes inside and/or around the Vehicle.

14.3 Pet Fee: a $400.00 cleaning fee will apply if pets are found to have been in the Vehicle.

14.4 Call out Fee: If roadside assistance is required, the Hirer will be liable for the roadside assistance provider's call out fee where the call out is non mechanical or driver related. This includes, but is not limited to, advice, a bogged Vehicle, a flat battery due to driver error, the Hirer running out of fuel, incorrect fuel being used, the Hirer being locked out, lost keys, tyre punctures, flat tyres, or anything else related to driver error or accidents. Where roadside assistance attends for a puncture, flat tyre, tyre damage, or key related issue, the cost of repair, replacement, recovery, reprogramming, or any related service remains the responsibility of the Hirer. 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 Vehicle when the Vehicle is required to be towed due to human error or any non mechanical issue. This includes but is not limited to accidents, tyre punctures, tyre damage, flat batteries due to Hirer error, lights left on, doors left open, wrong fuel in the tank, or similar driver related issues. If the tow is required due to mechanical breakdown, the cost of the tow will be covered by the Owner.

14.6 Relocation Fee: If the Vehicle is not returned to the agreed branch, the Owner reserves the right to charge up to NZ$1,500 for relocation of the Vehicle back to the designated return location.

14.7 Unauthorised Location Fee: If the Hirer leaves the Vehicle in an unauthorised location (for example, an airport car park) and the Owner is required to collect it, the Hirer will be charged the cost of recovery plus a $25.00 administration fee.

14.8 If the Vehicle is returned in an excessively dirty condition and damage is discovered after cleaning that was not visible during the initial return inspection, the Owner reserves the right to charge the Hirer for that damage where it reasonably believes the damage occurred during the hire. Pre-hire photographs will be reviewed to assist this assessment.

14.9 Postage Admin Fee: the actual cost of postage, plus a $50.00 administration fee.

15. Other

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

15.2 The Hirer agrees that the Owner 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

A. The Hirer fails to comply with any of the material terms and conditions of this Agreement;

B. The Hirer has obtained the Vehicle through fraud or misrepresentation;

C. If the Vehicle is damaged; or

D. In the reasonable opinion of the Owner and/or the NZ Police the additional driver(s) do not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk.

15.3 In such event the Hirer will:

A. Not be entitled to a refund of part of the rental charges; and

B. Be responsible for the payment of any towing costs to return the Vehicle to the Return Location plus a fee to cover the reasonable costs of the Owner in arranging the return of the Vehicle. This includes the extension of the hire if the Vehicle cannot be recovered to an Evolve Rentals Ltd depot by the completion of the hire.

15.4 If any part, term or provision of this Agreement is found to be illegal, in conflict with any law, or otherwise invalid, the remaining parts, terms or provisions shall be considered severable and unaffected by that determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term or provision held to be illegal or invalid.

15.5 The Hirer expressly warrants that it is not relying on any oral or written representations, warranties or agreements outside of these terms and conditions and the Rental Document. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, understandings, undertakings or agreements, whether oral or written and whether express or implied.

16. Force Majeure

16.1 If, by reason of an event beyond the Owner's reasonable control ("Force Majeure"), the Owner is rendered unable, wholly or in part, to carry out its obligations under this Agreement, the Owner's obligations will be suspended to the extent and for the duration of the Force Majeure event, and the Owner will be exempt from any corresponding liability for that period.