Premium Mobility Services Limited, trading as SIXT NZ

Premium Mobility Services Limited, trading as SIXT NZ
Subscription – General Terms and Conditions

These Subscription General Terms and Conditions (“General Terms”) are to be read in conjunction with the subscription specific terms (“Subscription – Specific Terms”). These General Terms together with the Subscription – Specific Terms constitute the agreement between Premium Mobility Services Limited trading as SIXT NZ (“SIXT”) and the person/legal entity signing the Subscription – Specific Terms (“the Subscriber”). The General Terms and the Subscription – Specific Terms together form the “Subscription Agreement”. To the extent of any inconsistency between the General Terms and Conditions and the Subscription – Specific Terms, these Terms will prevail.

1. VEHICLE DESCRIPTION AND SUBSCRIPTION PERIOD

1.1 In these General Terms, unless the context otherwise requires “Subscription Period” means the term commencing on the “Start Date” detailed in the Subscription – Specific Terms and ending at end of the “Minimum Term” detailed in the Subscription – Specific Terms.

1.2 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, provided that the Subscription Period will not in any circumstances exceed 12 months.

1.3 The Subscription Period may be extended with the prior written approval of SIXT, such approval to be at the sole discretion of SIXT. No act or omission of SIXT, or any employee, contractor or agent of SIXT, may be deemed to be an approval or acceptance of an extension if that extension will result in the Subscription Period being for an uninterrupted period of 12 months or more.

1.4 SIXT reserves the right to provide a similar vehicle if the Vehicle is unavailable for any reason.

2. TITLE AND RISK

2.1 The Vehicle will at all times remain the property of SIXT and the Subscriber will not sell, assign, mortgage, charge, encumber, pledge or otherwise dispose of the Vehicle or any interest in the Vehicle.

2.2 Subject to the terms of the Subscription Agreement, the Vehicle will be at the Subscriber’s risk on and from the time the Subscriber collects the Vehicle from SIXT.

3. WHO MAY DRIVE THE VEHICLE

3.1 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 licence written in English & appropriate for the Vehicle for at least two years. If requested, the Subscriber must produce a certified English translation of their licence and/or an international driver licence.

4. PAYMENTS BY SUBSCRIBER

4.1 The Subscriber shall pay SIXT the subscription charge specified in the Subscription – Specific Terms plus GST and any credit card merchant fee; and authorizes SIXT to charge all amounts payable by the Subscriber to this account. The “Subscriber’s account” means a nominated credit card or direct debit.

4.2 At the Start Date (as referred to in the Subscription – Specific Terms) of the subscription the Subscriber may have to pay SIXT a security deposit (“Security Deposit”) in the amount as (and if) set out in the Subscription – Specific Terms to cover any additional amounts that 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).

4.3 All subscription charges include the standard vehicle insurance cover. The Subscriber should however note the limitations and exclusions set out in Clauses 11 through 14 below.

4.4 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; and

(k) any surcharges in connection with the use of a debit or credit card by the Subscriber.

4.5 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.

4.6 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).

5. USE OF THE VEHICLE

5.1 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;

(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 licence appropriate for the Vehicle;

(h) drive or allow the Vehicle to be driven on any roads excluded by SIXT (see clause 14.1(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.

6. SUBSCRIBER’S OBLIGATIONS

6.1 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;

(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;

(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;

(l) it will otherwise follow all instructions relating to the Vehicle issued to it by SIXT from time to time.

7. SIXT’S OBLIGATIONS

7.1 SIXT shall supply the Vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

8. MECHANICAL REPAIRS AND ACCIDENTS

8.1 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.

8.2 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.

8.3 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 refuelling, jump start, tyre related incidents, lost keys and keys locked in the Vehicle, a service fee will be payable by the Subscriber.

8.4 If the Vehicle requires repair or replacement, SIXT will decide whether to supply another vehicle and at what cost and location.

9. RETURN OF VEHICLE

9.1 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 $800 (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.

9.2 If the Subscriber returns the Vehicle early or cancels the subscription, then there are no refunds or transfers.

9.3 A Vehicle returned outside of office hours is checked on the next working day and any vehicle damage charges are advised by email.

10. SUBSCRIBER’S LIABILITY

10.1 The Subscriber 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-subscribe and loss of revenue; and

10.2 SIXT does not accept any liability for personal injuries sustained during the Subscription Period.

11. INSURANCE

11.1 The Subscriber’s liability is limited by SIXT’s insurance, up to the value of $225,000 in respect of the above sub-clauses 11.1 (a) and 11.1(b), and $25,000 in respect of sub-clause 11.1(c)).

11.2 The insurance excess payable by the Subscriber is as specified in the Subscription – Specific Terms and is payable for each and every incident involving the Vehicle subject to the Peace of Mind cover in clause 13 below.

11.3 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 Subscriber’s fault.

12. EXCESS REDUCTION (Peace of Mind)

12.1 Excess reduction reduces the Subscriber’s liability for damage under clause 11 to the agreed insurance excess subject to the following conditions and exclusions in clause 13.2.

12.2 Peace of Mind does not cover damage or loss associated with:

(a) any of the circumstances detailed in clause 14;

(b) cost of recovering a car that has become bogged or immovable;

(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.

12.3 During the Subscription Period Peace of Mind is only available once and will be applied to the damage that occurs first. In the event of further damage during the Subscription Period the Subscriber must pay the insurance excess as specified in the Subscription – Specific Terms

12.4 If the Vehicle is replaced by SIXT, excess reduction is not transferable to the replacement Vehicle.

13. INSURANCE EXCLUSIONS

13.1 The Subscriber acknowledges that the cover referred to in clause 12 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 Subscriber 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 Subscription – Specific Terms as a person permitted to drive the Vehicle (unless the Subscriber 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 wilfully or recklessly damaged or lost by the Subscriber, a nominated driver, or a person under the Subscriber’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 Subscriber 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 the Subscription Agreement or any agreed extension of the Subscription Period, or at any other time or in any other circumstances notified by SIXT to the Subscriber.

14. TRAFFIC OFFENCES

14.1 All penalties related to traffic and/or parking offences are the responsibility of the Subscriber and SIXT may charge the Subscriber’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 Subscriber, send a copy of the notice to the Subscriber’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 Subscriber. It is the Subscriber’s responsibility to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.

14.2 SIXT may also charge an administration fee of $75 (plus GST) to cover the cost of processing and sending to the Subscriber notices related to traffic and/or parking infringements.

15. CANCELLATION OF SUBSCRIPTION AGREEMENT

15.1 SIXT has the right to terminate the Subscription Period and take immediate possession of the Vehicle if it is damaged or the Subscriber fails to comply with any of the terms of the Subscriber Agreement. In the event of such termination or repossession the Subscriber has no right to a refund of any part of the subscription charges. The termination of a subscription shall be without prejudice to any other rights or remedies of SIXT and the rights of the Subscriber under the Subscriber Agreement or otherwise.

15.2 The Subscriber cannot cancel the Subscription Agreement during the Subscription Period unless SIXT’s had consented to an extended Subscription Period in which case the Subscriber can cancel during that extended period by giving SIXT 30 days’ notice. If the Subscriber cancels the Subscription Agreement otherwise than in accordance with this clause, then the Subscriber must pay all subscription charges calculated to the End Date (as referred to in the Subscription – Specific Terms) and all other amounts the Subscriber may owe SIXT under the Subscription Agreement.

16. OTHER GENERAL TERMS

16.1 If more there is more than one Subscriber named in the Subscription – Specific Terms, each Subscriber is individually liable to SIXT for all matters under the Subscription Agreement.

16.2 SIXT can, without notice to the Subscriber and at any time, assign or transfer (or grant a security interest in) the Subscription Agreement to any other person and if SIXT does this then that person will replace SIXT and have all its rights, title and interest under the Subscription Agreement. The Subscriber agrees that SIXT may give such person any information SIXT has relating to the Subscriber.

16.3 The Subscriber may not transfer or assign any of its rights and interest under the Subscription Agreement without SIXT’s prior written consent which SIXT may in its absolute discretion refuse to give.

16.4 The Subscription Agreement may be varied by agreement in writing between SIXT and the Subscriber.

17. PRIVACY ACT

17.1 SIXT collects personal information from the Subscriber to enable SIXT to assess the Subscriber’s request to rent a vehicle or enter into a vehicle subscription and for other purposes set out in SIXT’s Privacy Policy available at https://sx-content-labs.sixt.io/Content-Media/agb/DSGVO_NZ_en.pdf and as otherwise updated from time to time.

17.2 The Privacy Policy explains how SIXT will collect, use, store and disclose the Subscriber’s personal information, and the way in which the Subscriber can access and seek correction of its personal information or complain about a breach of the Privacy Act 2020. In addition to the purposes set out above and in the Privacy Policy, the Subscriber acknowledges that SIXT will collect, hold and use the Subscriber’s personal information for purposes related to the subscription of the Vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by SIXT.

17.3 The Subscriber further acknowledges and agrees that the Subscriber’s personal information may be disclosed in accordance with the Privacy Policy to:

(a) Sixt SE, a company registered in accordance with the corporate law of the European Union and the franchisor of the SIXT franchise, of which SIXT is a franchisee and whose privacy policy can be accessed at https://www.sixt.com/privacy/#/;

(b) Giltrap Group Holdings Limited, which has shareholders in common with Premium Mobility Services Limited trading as SIXT, and any of Giltrap Group Holdings Limited’s related entities and affiliates;

(d) debt collection agencies in the event that the Subscriber defaults in the payment of any monies owing to SIXT;

(e) other parties involved in an accident with the Vehicle during the Subscription Period; and

(f) any organisations responsible for the processing or handling of traffic related infringements or road tolls.

18. GOVERNING LAW

18.1 The Subscription Agreement is 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 the Subscription Agreement.

IMPORTANT NOTES TO THE SUBSCRIBER:

– The Subscriber will receive at least one copy of the subscription agreement and the one copy of the subscription – specific terms must be kept in the vehicle during the subscription period and be produced on demand to an enforcement officer.

– A fuel charge and admin fee will apply if the vehicle is not returned with a full tank.

– Cleaning charges if the vehicle is returned in an excessively dirty condition.

– All extensions to the subscription period must be approved 24 hrs before the expiry of the subscription period.

– Any damage or theft to the vehicle must be reported to SIXT immediately.

– The subscriber is responsible for all road and traffic fines incurred.

– Lost keys may incur a replacement charge.