SIXT Subscription – General Terms and Conditions
PREMIUM MOBILITY SERVICES LIMITED trading as SIXT NZ (“SIXT”) and the person(s) and/or company(ies) (each the “Subscriber”) signing the subscription – specific terms (the “Subscription – Specific Terms”) which sets out a Vehicle subscription details. These General Terms and Conditions and all Subscription – Specific Terms (including all variations) are together called the “Subscription Agreement”.
These General Terms and Conditions are applicable for both the SUBSCRIBE NEW & SUBSCRIBE MONTHLY Subscription products.
- VEHICLE DESCRIPTION AND SUBSCRIPTION PERIOD
SIXT agrees to provide to the Subscriber the Vehicle detailed in the Subscription – Specific Terms (“the Vehicle”), for the subscription period (the “Subscription Period”) detailed in the Subscription – Specific Terms. SIXT reserves the right to provide a similar vehicle if the Vehicle is unavailable for any reason.
- WHO MAY DRIVE THE VEHICLE
The Vehicle may only be driven by the persons named on the Subscription – Specific Terms or in a supplementary driver’s sheet attached to this agreement, and only if they are over 21 years of age and have held a current full valid driver license written in English & appropriate for the Vehicle for at least two years. If requested, the Subscriber must produce a certified English translation of their license and/or an international driver license.
- PAYMENTS BY SUBSCRIBER
3.1 The Subscriber shall pay SIXT the total monthly charge specified in the Subscription for the agreed term (as chosen by the hirer). The Hirer agrees to the Specific Terms plus GST and any credit card merchant fee; and authorizes SIXT to charge all amounts payable by the Subscriber to their nominated credit card or direct debit.
3.2 At the start date of the subscription the Subscriber will have to pay SIXT a security deposit (“Security Deposit”) in the amount as set out in the Subscription – Specific Terms to cover any additional amounts that Subscriber’s may be payable under the Subscription Agreement. The Security Deposit (less any amounts referred to in this clause) will be refunded within seven (7) working days after the Vehicle is returned in accordance with the terms of the Subscription Agreement.
3.3 All subscription charges include the standard vehicle insurance cover. The Subscriber should however note the limitations and exclusions set out in Clauses 9 through 12 below.
3.4 The Subscriber acknowledges that they shall be liable to pay to SIXT any applicable additional charges. These charges may include:
- a) late return charges. The Subscription – Specific Terms provides that the Vehicle must be returned at the end of the Subscription Period. SIXT will allow a one (1) hour grace period after which a full day’s subscription charge will apply as calculated in the Subscription – Specific Terms;
- b) a surcharge for drivers under the age of 25 years;
- c) if the Subscriber exceeds the kilometre allowance specified in the Subscription – Specific Terms, the Subscriber must pay SIXT the rate per excess kilometre or such other amount as is shown in the Subscription – Specific Terms;
- d) charges for petrol or other fuel used (but not oil or AdBlue);
- e) toll road charges;
- f) charges for the full replacement cost of any accessories provided and detailed in the Subscription – Specific Terms that are damaged, lost or stolen;
- g) excess charges for damage to or repair of the Vehicle (subject to the other terms of the Subscription Agreement); and any enforcement charges relating to such damage or repairs (including legal costs);
- h) charges for cleaning or repairing the Vehicle’s interior if it is returned in an excessively dirty or damaged condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette & vape smoke;
- i) traffic and/or parking offence infringement fees;
- j) additional products or services as specified in the Subscription – Specific Terms;
- k) any surcharges in connection with the use of a debit or credit card by the Subscriber; and
- l) any other charges SIXT may deem appropriate including administration fees of $75 (plus GST) relating to each charge.
3.5 SIXT will charge the above amounts to the Subscriber’s account at any time, or the Subscriber may pay such charges as agreed with SIXT, such choice to be at SIXT’s sole discretion.
3.6 If the Subscriber fails to pay any charges due under the Subscription Agreement within 14 days of the due date, SIXT may, without prejudice to any other rights or remedies SIXT may have or be entitled to, charge the Subscriber and the Subscriber must pay all additional costs as detailed below:
- a) interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days (referred to above) from the due date to the date of payment of all money owed to SIXT;
- b) all costs incurred by SIXT for the collection of the unpaid money by a debt collection agency or other external or legal agency (including legal fees on a solicitor client basis).
- USE OF THE VEHICLE
The Subscriber agrees not to:
- a) use or allow the Vehicle to be used for the transport of passengers for hire or reward unless the Vehicle is used for this purpose with SIXT’s prior written consent;
- b) sublet or rent the Vehicle to any other person;
- c) allow the Vehicle to be used outside their authority or without their authority;
- d) operate the Vehicle or allow it to be operated in circumstances that is a breach of the relevant transport legislation, regulations, rules or bylaws relating to road traffic; such as driving under the influence of alcohol or drugs or excessive speed and or in a dangerous manner;
- e) operate the Vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
- f) operate the Vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the Vehicle;
- g) drive or allow the Vehicle to be driven by any person if at the time of driving they do not hold a current full valid driver’s license appropriate for the Vehicle;
- h) drive or allow the Vehicle to be driven on any roads excluded by SIXT (see clause 12(p) of these General Terms and Conditions), or on any beach, river crossing, unsealed unmarked roads or surfaces likely to cause damage to the Vehicle;
- i) allow the Vehicle to be driven by any person who is not named or described in the Subscription – Specific Terms as a person permitted to drive the Vehicle;
- j) operate the Vehicle or allow it to be operated to propel or tow any other vehicle;
- k) transport any animal in the Vehicle (with the exception of guide dogs for visually impaired people);
- l) operate or allow the Vehicle to be used in involvement with any illegal activity; or
- m) smoke, vape or allow any person to smoke or vape inside the Vehicle.
- SUBSCRIBER’S OBLIGATIONS
The Subscriber will ensure that:
- a) all reasonable care is taken when driving and parking the Vehicle;
- b) the water in the Vehicle’s radiator and battery is maintained at the proper level;
- c) the oil in the Vehicle is maintained at the proper level;
- d) only the fuel type specified for the Vehicle is used;
- e) the tyres are inflated at their correct pressure;
- f) the Vehicle is locked and secure at all times when it is not in use and the keys kept under the Subscriber’s personal control at all times;
- g) the distance recorder or speedometer are not interfered with;
- h) no part of the engine, transmission, braking or suspension systems are interfered with;
- i) should a dashboard warning light be illuminated, or the Subscriber believes the Vehicle requires mechanical attention; they will stop driving and advise SIXT immediately;
- j) all drivers authorised to use this Vehicle during the Subscription Period are aware of and comply with these General Terms and Conditions; and
- k) any authorised driver carries their driver’s licence with them in the Vehicle at all times and will produce it on demand to any enforcement officer.
- SIXT’S OBLIGATIONS
SIXT shall supply the Vehicle in a safe and roadworthy condition, with a current WOF & Registration.
- MECHANICAL REPAIRS AND ACCIDENTS
7.1 If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Subscriber shall notify SIXT of the full circumstances by telephone immediately and the Police if the accident involves injury. No refund is available for the unused Subscription Period (including Peace of Mind payment if applicable) or any contribution to subsequent transportation costs.
7.2 The Subscriber shall not arrange or undertake any repairs or salvage without SIXT’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs, or salvage are necessary to prevent further damage to the Vehicle or to other property.
7.3 24 Hour Roadside Assistance is free for all inherent mechanical faults in the Vehicle (as determined by SIXT or its authorised repairer). For all other roadside assistance call outs including refueling, jump start, tyre related incidents, lost keys and keys locked in the Vehicle, a service fee will be payable by the Subscriber.
7.4 If the Vehicle requires repair or replacement, SIXT will decide whether to supply another vehicle and at what cost and location.
- RETURN OF VEHICLE
8.1 The Subscriber will, on or before the expiry of the Subscription Period, deliver the Vehicle to the agreed return location described in the Subscription – Specific Terms or obtain SIXT’s consent to a different location and/or extended Subscription Period. The Subscriber shall pay additional subscription charges and up to $950 (plus GST) if the Vehicle is returned to a different location). If the Subscriber does not comply with this clause, and does not immediately return the Vehicle, SIXT may report the Vehicle as stolen to the Police and the Subscriber must compensate SIXT for either the full cost of the Vehicle, or all additional costs and losses incurred up to the time that the Vehicle is recovered by SIXT.
8.2 A Vehicle returned outside of office hours is checked on the next working day and any vehicle damage charges are advised by email.
8.3 A Vehicle returned outside of office hours is checked on the next working day and any vehicle damage charges advised by email.
- HIRE’S LIABILITY
9.1 The Hirer is liable for irrespective of fault:
- a) any loss of, or damage to, the Vehicle and its accessories; b) any consequential damage, loss or costs incurred by SIXT, including salvage costs, loss of ability to re-hire and loss of revenue; and c) any loss of, or damage to, vehicles and property of third parties, arising during the rental term.
9.2 SIXT does not accept any liability for personal injuries sustained during the rental term.
10.1 The Hirer’s liability is limited by SIXT’s insurance, up to the value of $150,000 in respect of the above sub-clauses 9(a) and 9(b), and $20,000 in respect of sub-clause 9(c).
10.2 The insurance excess payable by the Hirer is as specified in the Agreement and is payable for each and every incident involving the Vehicle subject to the Excess Reduction Insurance cover in clause 11 below.
10.3 An additional Damage Administration fee of $75 (plus GST) will be applied for processing any type of damage to the Vehicle or claims. This fee may be refunded if it is proven that the damage was not due to the Hirer’s fault.
- EXCESS REDUCTION INSURANCE
11.1 Excess Reduction Insurance reduces the hirer’s liability for damage under clause 9 to the agreed excess (deductible) subject to the following conditions and exclusions:
Excess Reduction Insurance does not cover damage or loss associated with: a) any of the circumstances detailed in clause 12; b) cost of recovering a car that has become bogged or immovable; c) cost of replacement of lost or stolen car keys; d) costs associated with the incorrect use of or contamination of fuel (diesel or petrol); e) cost of repair or replacement of other products purchased; and f) cost of cleaning the Vehicle or interior damage to equipment, trim or fabric.
11.2 During the rental period Excess Reduction Insurance is only available once and will be applied to the damage that occurs first. In the event of further damage during the rental period the Hirer must pay the insurance excess as specified in the Subscription Terms and Conditions / Rental Documentation.
11.3 If the Vehicle is replaced by SIXT, excess reduction is not transferable to the replacement Vehicle.
- INSURANCE EXCLUSIONS
The Hirer acknowledges that the cover referred to in clause 10 will not apply if:
- a) at any time when the driver of the Vehicle is under the influence of alcohol or any drug;
- b) at any time when the Vehicle is in an unsafe or un-roadworthy condition, such condition arising during the course of the subscription, that caused or contributed to the damage or loss, and the Hirer or driver was aware or should have been aware of the unsafe or un-roadworthy condition of the Vehicle; c) at any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the Vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the Vehicle;
- d) at any time when the Vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
- e) at any time when the Vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the Vehicle (unless the Hirer is a Corporate or Government Department and the driver is authorised to drive the Vehicle, subject to all other terms in this agreement);
- f) at any time when the Vehicle is driven by an unlicensed person;
- g) at any time when the Vehicle is willfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer’s authority or control;
- h) at any time when the driver commits a traffic offence while driving the Vehicle;
- i) at any time when the Vehicle is loaded carelessly or is loaded in excess of the manufacturer’s specifications or damage results from incorrectly fitted roof or bike racks or items attached to them;
- j) at any time when the Vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the Vehicle;
- k) at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
- l) the Hirer is issued a fine or penalty as a result of prosecution for breach of any law;
- m) the Vehicle requires a puncture repair or new tyre;
- n) liability for damage arises caused by vibration or the weight of the Vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000;
- o) to any overhead damage to the Vehicle or to the property of any third party resulting from such overhead damage;
- p) at any time when the Vehicle was being driven on any of the following roads: Skipper’s Canyon (Queenstown), Te Paki stream bed, Ninety Mile Beach (Northland), the road to Macetown, Tasman Valley Road (also known as old Ball Road), Matukituki Road beyond the Treble Cone access road turn off, Glenorchy-Paradise Road beyond Priory Road turn off or any unformed roads (all 4WD tracks) and/or roads other than asphalt or metal; including but not limited to beaches, , river crossings or any surface likely to damage the Vehicle; or
- q) at any time where the Vehicle is operated outside the terms of this agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by SIXT to the Hirer.
- TRAFFIC OFFENCES
13.1 All penalties related to traffic and/or parking offences are the responsibility of the Hirer and SIXT may charge the Hirer’s account for any traffic and/or parking offence infringement fees they incur. SIXT will, upon receiving a notice of any traffic or parking offences incurred by the Hirer, send a copy of the notice to the Hirer’s email address as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Hirer. It is the Hirer’s responsibility to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.
13.2 SIXT may also charge an administration fee of $75 (plus GST) to cover the cost of processing and sending to the Hirer notices related to traffic and/or parking infringements.
- CANCELLATION OF SUBSCRIPTION AGREEMENT
SIXT has the right to terminate the subscription term and take immediate possession of the Vehicle if it is damaged or the Hirer fails to comply with any of the terms of this agreement. In the event of such termination or repossession the hirer has no right to a refund of any part of the rental charges. The termination of a hire shall be without prejudice to any other rights or remedies of SIXT and the rights of the Hirer under this agreement or otherwise.
- PRIVACY ACT
- Giltrap Group Holdings Limited, which has shareholders in common with [the Owner/Premium Mobility Services Limited trading as SIXT], and any of Giltrap Group Holdings Limited’s related entities and affiliates;
- debt collection agencies in the event that the Hirer defaults in the payment of any monies owing to SIXT;
- other parties involved in an accident with the Vehicle during the rental term; and
- any organisations responsible for the processing or handling of traffic related infringements or road tolls.
- AGREEMENT TERMINATION BY THE HIRER
The Hirer is entitled to terminate or cancel the Agreement at any time by returning their vehicle to a SIXT branch. The act of returning the vehicle to a SIXT branch is considered ordinary termination of the existing Agreement with effect from the end of the monthly billing period during which time the vehicle was returned.
For the avoidance of doubt, it is stated that returning the vehicle before the end of a monthly billing period does not equate to a premature termination of the Agreement, and SIXT is entitled to continue charging the Subscription fee to the Hirer until the Agreement comes to its regular end.
- GOVERNING LAW
These terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand Courts in respect of all matters relating to this rental agreement.
TERMS & CONDITIONS SPECIFIC TO SUBSCRIBE MONTHLY (ONLY):
The General Terms and Conditions are applicable to Subscribe Monthly.
- TERM OF AGREEMENT
The Agreement has a minimum term of 30 days and commences on the fixed date of the vehicle handover as announced to the Hirer by SIXT New Zealand. Within 48hrs of the term expiring, the Hirer needs to give written confirmation to their SIXT Subscription representative to either continue or cancel their Agreement. The SIXT Representative will then confirm receipt of their request. Upon cancelation confirmation the vehicle must be returned to a SIXT branch within 2 working days of termination, or the Hirer may be charged an additional 30-day Subscription fee.
Over and above the Security Deposit a one-month payment is charged on the day the Agreement commences (date of vehicle handover). The Hirer is not entitled to a refund of the advance payment, except in unique cases, as outlined by SIXT General Subscription Terms & Conditions or New Zealand Law. Unless the Hirer cancels their subscription as outlined in1. of the Subscribe Monthly Terms. They may be charged an additional 30-day Subscription fee.
The Hirer will be supplied with a near new vehicle, as agreed by SIXT and the hirer. SIXT reserves the right to change this vehicle at any time.
TERMS & CONDITIONS SPECIFIC TO SUBSCRIBE NEW (ONLY):
The General Terms and Conditions are applicable to Subscribe New.
- TERM OF AGREEMENT
The Hirer will indicate their desired term (either 6, 9, 12 months) as part of their Subscription selection process. Their subscription commences on the fixed date of the vehicle handover as announced to the Hirer by SIXT New Zealand. Within 48hrs of the term expiring, the Hirer needs to give written confirmation to their SIXT Subscription representative to either continue or cancel their Agreement. The SIXT Representative will then confirm receipt of their request. Upon cancelation confirmation the vehicle must be returned to a SIXT branch within 2 working days of termination, or the Hirer may be charged an additional 30-day Subscription fee.
Over and above the Security Deposit a monthly payment is charged on the day the Agreement commences (date of vehicle handover). This payment will be recurring for the duration of term, as confirmed by the hirer. The Hirer is not entitled to a refund of the advance payment, except in unique cases, as outlined by SIXT General Subscription Terms & Conditions or New Zealand Law. Unless the Hirer cancels their subscription as outlined in 1. of the Subscribe New Terms they may be charged an additional 30-day Subscription fee.
The Hirer will be supplied with a brand-new vehicle, as agreed by SIXT and the hirer. SIXT reserves the right to change this vehicle at any time.
IMPORTANT NOTES TO THE HIRER:
THE HIRER WILL RECEIVE AT LEAST ONE COPY OF THIS AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE DURING THE RENTAL AND BE PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER
ANY DAMAGE OR THEFT TO THE VEHICLE MUST BE REPORTED TO SIXT IMMEDIATELY
LOST KEYS MAY INCUR A REPLACEMENT CHARGE
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