Terms

 

1.1 The rental agreement comprises the completed form titled 'rental agreement' (herein referred to as "the Form") and this document being terms and conditions of hire (“Terms”) (together the “Rental Agreement").

1.2 This Rental Agreement is between the WCR Ltd (“WCR”, The Owner, We) and the hirer (as named in the Form (Hirer, You)) and the cardholder (if different to the Hirer) (as named in the Form (You, Card Holder)).

1.3 This Rental Agreement is governed by New Zealand law.

 

2.1 WCR agrees to rent out to the Hirer one or more vehicle(s) as detailed in the Form (“the Vehicle”), and the parties agree to the terms as set out in the Rental Agreement for the rental period stated in the Form. We make sure that the vehicle is legal to use in New Zealand prior to collection.

2.2 WCR may at its discretion allow other additional drivers declared in Section B of the Form (“Additional Driver”); however, you remain liable for the performance of your obligations and the acts and omissions of any Additional Driver under this Rental Agreement.

2.3 WCR may cancel the Rental Agreement immediately at any time if, in our reasonable opinion, you breach the terms of this Rental Agreement critically, or in our reasonable opinion you breach the Rental Agreement and on notice, to you, you do not rectify the issue within a reasonable time (reasonable time is at our assessment). If we cancel this Rental Agreement pursuant to this clause then we will notify you that the Rental Agreement has been cancelled. You must then cease driving the Vehicle and must store it safely and securely and remove all of your belongings from the Vehicle. You must cooperate with us to retrieve the Vehicle and the keys safely from you. You will be responsible for all the costs incurred by us to recover the Vehicle including our legal costs and third-party costs incurred to recover the vehicle and what is owed to us pursuant to this Rental Agreement.

2.4 WCR may cancel the Rental Agreement immediately at any time if, in our reasonable opinion, you or your driving creates a real risk of danger to other people or property or the Vehicle is involved in an incident that involves police attendance or an accident. If we cancel this Rental Agreement pursuant to this clause then we will notify you that the Rental Agreement has been cancelled. You must then cease driving the Vehicle and must store it safely and securely and remove all of your belongings from the Vehicle. You must cooperate with us to retrieve the Vehicle and the keys safely from you. You will be responsible for all the costs incurred by us to recover the Vehicle including our legal costs and third-party costs incurred to recover the vehicle and what is owed to us pursuant to this Rental Agreement.

2.5 The Hirer agrees to keep a copy of this Rental Agreement in the Vehicle during the Rental and show it to a Police Officer, if asked.

2.6 You agree that You and authorised Additional Drivers are the only people who will drive the Vehicle.

2.7 You are expressly forbidden from making any sort of cosmetic or other changes to any Vehicle including but not limited to removal of branding, repainting, touch-ups, lowering, replacing licence plates, making any internal or external modifications of any kind.

2.8 You agree that if you are or believe you are in breach of any of these terms, or the Vehicle is involved in any accident or incident that you will inform WCR immediately.

 

The following will be payable by you:

3.1 Sections D and E of the Form itemise the basic hire costs of the Vehicle. All basic hire costs must be received in full at or prior to the Vehicle Collection by WCR or the Vehicle will not be released to you. Additional costs are payable by you as specified in these Terms or if not specified then at the return of the Vehicle/cancellation of the Hire or when demanded by WCR.

Hire charges are calculated on a “per day” basis, consisting of each consecutive 24-hour period. If the Vehicle is scheduled to be returned less than 3 hours after the commencement of the relevant 24-hour period of the last day of the Hire Term, then the Hirer will be charged 25% of the applicable daily rental rate for each hour (or part thereof) for that day (but if the scheduled return time is 3 hours or more after the commencement of the relevant 24-hour period, the full daily rental rate will apply).

The Hirer must pay for all fuel or electricity used during the Hire Term. On the vehicles return the following will apply:

a) EITHER: if the Hirer elects the pre-paid fuel/battery purchase option at the start of the hire, then there is no refund issued for any remaining fuel/charge on the return of the Vehicle; OR If the Hirer elects that WCR fills the fuel tank prior to hire, then the Vehicle must be returned to WCR with a full fuel tank/full battery (depending on the car).

b) If the Vehicle is not returned with a full fuel tank or at least 80% battery, then the Hirer will pay a $10 refuelling/recharging service fee and the cost of refilling the tank/charging the battery to full. In the case of a petrol car that price will be at the current price per litre to fill the fuel tank at the nearest BP or Z (at the election of WCR at its discretion) x the amount of litres required to fill the tank. In the case of electric cars then that will be the recharge cost of charging to 100% full battery. In the case of Electric Vehicles see also Clause 8).

The applicable insurance excess as per Section D on the Form as selected by the Hirer for each and every instance of damage that occurs in respect of the Vehicle or spare parts.

(a) The replacement cost (at current retail replacement value) of any damaged, lost or missing accessories, keys or key cards during the Hire;

(b) any damage or loss to the Vehicle or spare parts not recovered by WCR under insurance which occurred during the Hire.

(a) The actual costs of Vehicle grooming if WCR reasonably assesses at their sole discretion that any person smoked in or around the Vehicle during the Hire or WCR reasonably assesses at their sole discretion that any animal (other than a disability assist dog for the purpose of the Dog Control Act 1996) was in the Vehicle. As an indication of costs Vehicle grooming is usually in the range of $250 however actual costs of the Vehicle Grooming will be recoverable from you;

(b) The reasonable costs associated with cleaning the Vehicle’s interior or exterior if the Vehicle is returned in WCR’s sole assessment to be in a dirty condition that requires extra cleaning or deodorising.

(c) The reasonable costs to repair and return the Vehicle to a serviceable and useable condition able to be rehired, in the case where in WCR’s sole assessment the Vehicle has been impacted or damaged by sand or water. As an example this may include but is not limited to the Vehicle being used to cross creeks, rivers, lakes, flooded fords, flooded roads or from exposure to salt water or driving on beaches. As an indication of costs Vehicle grooming is usually in the range of $2,000 however actual costs of making good in this case may vary and could include write-offs. The full costs (including loss of the car, a replacement vehicle of similar quality, and write-off costs if this occurred) would be recoverable from you.

Any call-out fees charged by the AA or other service provider for any non-mechanical breakdown or where the Hirer (or any other person) is at fault during the Hire.

(a) The Hirer needs to lodge a request for an extension of the hire term to WCR before 24 hours of expiry of the existing rental timeframe. Any request for extension is subject to availability of the vehicle and WCR possesses full right to accept/reject any extension request. The rate of the daily hire rental may be higher or lower than the existing rental agreement daily rate which will be communicated by WCR to you prior to the granting of the extension.

(b) If the Hirer returns the Vehicle after 1 hour and within 3 hours of scheduled return time, then the Hirer will get charged for 30% of current daily rate. If the Hirer returns the Vehicle after 3 hours of scheduled return time, Then the Hirer will get charged for the current daily rental rate for that day.

(c) If the vehicle is returning more than 6 hours after a scheduled return time (expiry of the term as per Clause C of the Form) or as may varied pursuant to a valid agreed extension pursuant to these Terms then the Hirer is liable to pay a one off $250 fee plus the daily rental rate for each day with all other charges it may have pursuant to these Terms.

I. The Hirer may return the Vehicle earlier than the end of the Hired timeline. The Hirer needs to return the Vehicle (and any accessories if Hired) at the location specified in the form. If Hirer returns the Vehicle before 24 hours prior to the end of the Hired timeline, WCR can offer refund after recalculating any difference for that period. Recalculation of the daily rate may differ due to shorter periods and the Hirer may lose any benefit of promotional offer or voucher code for during that Hired period and the Vehicle if applied in the form.

II. The Hirer may cancel the reservation at any time before picking up the vehicle by notifying WCR in advance. The Hirer is liable for refund of all but the cancellation fee but will be charged an administration fee pursuant to (a)-(b) below;

(a) If the Hirer notifies cancellation 24 hrs or more prior to the Vehicle pick-up time specified in the form, then no cancellation fee will be applied and will get a full refund deducting any administration fee at (d) below.

(b) If the Hirer notifies cancellation within 24 hrs prior to the Vehicle pick-up time specified in the form, then 20% of the booking fee as a cancellation fee will be payable plus the administration fee at (d) below.

(c) If the booking was made during a “No charge cancellation” promotional offer, the Hirer will get full refund of daily rate booking amount and the administration fee at (iv) below will not be payable.

(d) Any refunds except that in (c) above will be subject to an administration fee of $25 to cover the processing cost.

(I) All road tolls incurred during the Hire period will be paid by WCR directly and reimbursed by the Hirer in full as a disbursement. You can opt-in and pay while booking on WCR in advance. You agree and provide consent to WCR to charge any road toll charges at the end of the rental period if is not opt-in and paid during booking. There are three toll roads in New Zealand, all three are in North Island: the Northern Gateway Toll Road north of Auckland, the Tauranga Eastern Link Toll Road and the Takitimu Drive Toll Road, both in Tauranga. Click on the below link for more details.

(II) For all traffic and parking infringements that occurred during the rental period, you will be liable for the costs related to that offence, whether or not you were the driver at the time.

(a) WCR will transfer liability for the Notice to you by passing on your details to the relevant enforcement authority for such notices to be directed to you within 5 working days.

(b) For every instance of a fine or road toll that WCR pays an administration (which includes a notary) fee of $25 per instance will be payable by the Hirer in addition to the reimbursement of the fine/road to the Hirer will get a copy of the offence notice and have full rights to challenge, object or query to the alleged offence to the issuing enforcement authority. If the Hirer is successful in challenging the issuing enforcement authority in part or in full then the money that WCR receives as a refund from the issuing enforcement authority will be paid on to the Hirer.

Reasonable relocation costs will be charged if the Vehicle is left at (or returned to) any location other than the location specified in the Form. As an indication of costs Vehicle relocation is usually in the range of $500-$2,500 however actual costs of relocation may vary and would be recoverable from you.

Processing fees apply to all credit card payments and all online debit card payments. 2.7% + NZ$0.30 for Visa and Mastercard use, 3.7% + NZ$0.30 for American Express, Diners and JCB and which may vary and depending on third-party payment providers. Note All processing fees are subject to GST.

(a) WCR will deduct, and the Hirer authorises WCR to deduct, any costs or charges required to be paid by the Hirer under this Rental Agreement from the Hirer’s credit card during or after the Hire Term. The cardholder authorises these payments to be made and ratifies the contents of these Terms. The Hirer and cardholder agrees not to revoke this authority without the written consent of WCR.

(b) WCR will endeavour to contact the Hirer to advise of any additional charges (other than basic hire charges in the Form) before making any deductions.

(c) If the Hirer fails to pay any money due under or in connection with this Rental Agreement within 14 days of the due date for payment, WCR may, without prejudice to any other rights or remedies WCR may have, charge the Hirer an amount equal to the reasonable costs incurred by WCR in connection with the collection of any unpaid money, including costs charged by any debt collection agency and any legal fees.

(a) The parties acknowledge that the Rental Agreement includes unlimited kilometres for the rental period unless is predetermined mileage limit on average per day is communicated before hire.

(b) In the event that the Hirer exceeds the mileage limit average allowed, the Hirer shall be charged an additional fee of $0.25c per kilometre for each kilometre in excess of the specified limit. The extra mileage charges will be calculated at the end of the rental period for rentals shorter than 4 weeks. The extra mileage charges will be calculated monthly for rentals more than 4 weeks.

(c) To calculate extra mileage charges the total number of kilometres driven in excess of the mileage limit will be multiplied by the per- kilometre rate specified in this Agreement.

(d)    To record the mileage WCR will verify the mileage on the vehicle before and after the rental period using the vehicle's odometer as the official measure of distance travelled. If the vehicle hire will be longer than one month the Hirer agrees to conduct a videocall and/or provide evidence as WCR may reasonably require of the odometer readings monthly on request.

 

a) The Hirer must ensure that the Vehicle is only driven by the persons named on the Form. Each Authorised Driver must be at least 21 years of age and hold a current and valid full driver licence appropriate for the Vehicle. To hire a Tesla EV all Authorised Drivers must be at least 25 years of age.

b) All Authorised Drivers need to be present when the Vehicle is picked up and the driver's licence of each Authorised Driver must be presented to WCR at this time and copies taken. If the licence is not printed in English then it must be accompanied by an English translation provided by an NZ Transport Agency-approved translator.

c) WCRs may choose to accept a restricted New Zealand driver's licence at its own discretion, if it does so the Authorised Driver must only operate the Vehicle in accordance with the relevant restrictions, and the Hirer acknowledges that the insurance referred to in this Rental Agreement may be void if any such restrictions are not adhered to.

 

I. Insurance arranged by the Hirer:

If the Hirer uses its own insurance, then a copy of the insurance is to be provided to WCR, if the Hirer make its own insurance arrangements. In such a case then the insurance must be approved by WCR at its sole discretion prior to the pick-up of the Vehicle. WCR reserves the right to review and approve or decline if WCR is not satisfied as not comparable with the WCR insurance of hired Vehicle and service.

If the Hirer uses its own insurance, then the Hirer accepts all liability for all relevant losses, costs and damages set out in this Rental Agreement.

II. Insurance options provided by WCR:

If the Hirer does not arrange his/her own insurance, then the Vehicle will be insured under a policy of motor Vehicle insurance from a company licensed to carry on insurance business in New Zealand under the Insurance Prudential Supervision Act 2010 (Policy). The Policy is subject to the exclusions set out in the clauses below.

(a) At the time of booking or pick up of the Vehicle, the Hirer may select between the following three insurance excess options, which reflect the different levels of excess payable in the event of an accident or other damage:

· Wings Silver Cover

· Wings Gold Cover

· Wings Platinum Cover

 

5.2 The Hirer may reduce or eliminate the Excess payable by choosing Wings Gold Cover or Wings Platinum Cover options. The Hirer will pay the additional daily rate for that insurance excess option as described in Section-D of the rental agreement form for the full duration of the Hire Term.

5.3 WCR manages the insurance provided under the Policy and reserves the right to determine whether or not to claim under the Policy.

5.4 In the event of damage to the Vehicle, the Hirer agrees to solely deal with WCR and not the insurer, as WCR does not provide any insurance services.

5.5 The Hirer indemnified to the extent of $10,000,000 in respect of any liability the Hirer might have for damage to any property belonging to any other person arising out of the use of the Vehicle.

5.6 In the event of any accident or damage;

(a) The applicable insurance excess must be paid by the Hirer to WCR accordance with Section-D of the rental agreement form at the time of closing rental.

(b) WCR will not be responsible for any costs The Hirer incur as a result of any accident or damage to the Vehicle.

(c) The Hirer completes the accident paperwork required by detailing with Vehicle REGO numbers, name, contact details and address of each driver involved.

(d) The Hirer must not attempt to recover or repair the hired (impacted) Vehicle(s) and let WCR know as soon as practically possible of the damage.

(e) The Hirer agrees to help WCR in minimizing our loss and or for us to prosecute any person as a result of the damage.

(f) WCR may offer or arrange a replacement Vehicle for the remaining rental period or WCR may decide in its sole discretion that the rental has come to an end as a result of accident or damage.

(g) If the repair cost is lower than the Insurance Excess paid by the Hirer, then WCR will pay the difference minus $75+ GST administrative charges to the Hirer.

(h) If the Hirer allege that a third party caused the damage and the third party can be identified, WCR will pursue them through our insurance company. The total Excess will be refunded to the Hirer in case the third party accepts liability.

(i) If there has been a breach which has or may have caused or materially contributed to the Vehicle stolen or damage to the Vehicle and /or the third party loss, The Hirer will not only pay damage cover but also be liable to WCR (or our insurance company, if applicable) or loss or damage the Vehicle up to  $150,000 and all third party loss, together with related charges and fees.

(j) If liability for any damage is disputed (including by a third party), the Hirer may be required to assist in resolving the dispute, including by attending a dispute tribunal hearing in person or via telephone conference.

(k) In the event that the Hirer is entitled to make a claim, action or proceeding against a third party in connection with any accident or damage in respect of the Vehicle, the Hirer authorises WCR to represent the Hirer and to take over the conduct of any such claim, action or proceeding and the Hirer will provide all reasonable assistance to enable WCR to pursue any such claim, action or proceeding.

(l) If the Vehicle is stolen the Hirer must report this to WCR as soon as practicable and attend a police station in person to give a signed statement as to the circumstances and obtain a Police report. In addition, the Hirer must provide WCR a written account of the circumstances and surrender the keys to WCR.

There are certain events/occurrences, not covered by the insurance offered through WCR, and the Hirer will be fully liable for any damage and other costs incurred in relevant with below:

(a) Deliberately or inadvertently filling incorrect fuel in the hired Vehicle

(b) Deliberately or inadvertently damaged, lost or stolen as a result of reckless or wilful actions,

(c) Damage to door windows and windscreens or any other glass

(d) Deliberately or inadvertently damage to tyre including spare wheel

(e) Driven by unauthorised drivers

(f) Loss or damage to any accessories provided/hired

(g) Loss or damage to the Hirer’s personal belongings during the rental period

(h) Loss or damage to the hired vehicle or any accessories outside the rental period due to use or possession of the hired vehicle or any accessories.

(i) Failure to comply or ignoring vehicle warnings arising from the dashboard or onboard computer.

(j) The driver of the hired vehicle found under the influence of alcohol or any drug affecting their driving ability.

(k) Driven or used on any beach or an undesignated road including off-roads,

(l) Driven on any of the below roads or areas:

 

The Hirer agrees to:

(a) Not sublet or hire the Vehicle to any other person or entity.

(b) Keep a copy of this Rental Agreement (an electronic copy also allowed) in the Vehicle throughout the Hire term and share for inspection with an enforcement officer without any delay if asked.

(c) Drive the Hired Vehicle only by Authorised Driver(s) (noted in Clause 2) holding a current driver’s license appropriate for the hired Vehicle.

(d) Take all reasonable care while parking and driving the Hired Vehicle and accessories (if any)

(e) Not travel with more than the numbers of passengers certified for The Hired Vehicle.

(f) Not carry and/or tow not exceeding heavier, longer, and wider weight than rating specified by the Hired Vehicle manufacturer and legally required by NZ Transport Agency at any time. 

 

7.1 WCR roadside assist is provided by Gallagher (formerly known as Crombie Lockwood) and The New Zealand Automobile Association Inc.

7.2 Roadside help is just a phone call away and available 24 hours, wherever you need it. Our service provider will fix the problem at the roadside and have you safely on your way.

7.3 Simply use the below contact for Roadside assistance

What can you expect?

(a) You receive expert advice and if extra support is needed, Our service provider arranges to tow your car to the nearest place of safety or repair

(b) It doesn’t matter who’s driving, because the Vehicle is covered, not the driver.

(c) You get unlimited call-outs.

(d) In the event of a breakdown, a road service representative from The AA/Tesla/MG will attend

 

 

a) Does not apply to heavy duty Vehicles (over 5 tonnes)

b) The AA attends Vehicles that have suffered non-collision or non-insurance related

c) mechanical failure that has disabled the Vehicle and made it unsafe to be driven.

 

(a) Wheels and Tyres: If it’s still in good nick your damaged tyre or wheel will be replaced with your spare tyre. If there is no serviceable spare, the Vehicle will be towed to the nearest facility that can supply or repair the tyre or wheel, at the driver’s/owner’s expense.

(b) Flat Battery: The AA will give your flat battery a boost and any other practical assistance at the roadside to start the Vehicle.

(c) Faulty Battery: If we can’t spark any life back into the flat battery and you therefore require a new battery, The AA will supply a replacement battery or offer the driver a battery referral to AA Battery Services†

(d) The new battery will be offered at the same discounted rate as an AA personal member and will be at the expense of the driver or Vehicle owner. If the Vehicle cannot be made mobile at the roadside, a tow will be provided at The AA’s expense up to a limit of $50.00 (incl. GST) to the closest place of repair from the breakdown site.

(e) † AA Battery Services coverage is limited to Auckland, Hamilton, Tauranga, Palmerston North, Wellington and Christchurch only, other areas are supported by The AA Service Officer and Contractor network.

(f) Lockout: If you’re locked out of the Vehicle, The AA will attempt to open it. The owner or the driver may be required to sign an indemnity releasing The AA from any liability should damage be caused by forced entry.

(g) Lost Keys: Where a replacement key is required, The AA will arrange for either:

(h) A locksmith to attend to make a replacement key (where possible). The AA covers the cost of the callout, the replacement key is at the expense of the driver.

(i) Arrange for the Vehicle to be transported, at the expense of The AA to the nearest available repairer.

(j) Arrange for a replacement key to be couriered to the driver of the Vehicle at the expense of the AA. Keys will be couriered within 24 hours (subject to the availability of courier services)

(k) For heavy duty Vehicles (over 5 tonnes), a locksmith to attend to make a replacement key (where possible)

(l) Out of Fuel: If your Vehicle is ‘out of fuel’ The AA will supply up to $20.00 worth of fuel to enable you to drive to the nearest service station. While the $20.00 cost of fuel will be charged to the driver, delivery of the fuel is at The AA’s expense. Where it is not possible or practical to provide fuel, a tow will be provided to the nearest service station at The AA’s expense.

(m) Incorrectly Fuelled: As a result of the Vehicle being incorrectly fuelled, towing will be organised to the nearest place of repair or safety. Fuel removal will be at the driver’s expense.

(n) Vehicle Recovery: Where the Vehicle cannot be made mobile at the roadside following a breakdown, recovery will be provided to the closest place of repair from the breakdown site to a maximum value of $100.00 (incl. GST). Any amount over $100.00 will be at the expense of the driver. For Vehicles over 5 tonnes, Vehicle will be towed to the nearest AA authorised repairer. Towing costs will be at the driver’s expense.

(o) After hours Towing: Where a Vehicle has become disabled and requires towing during periods where the closest place of repair is not open, towing, and appropriate Vehicle storage arrangements will be made (where available), at The AA’s expense, until the Vehicle can be delivered to the nearest facility under the above criteria.

(p) Caravans / Trailer Towing: Towing will be provided, where possible, for caravans or any other form of trailer body whilst being towed by any nominated Vehicle, which has experienced a roadside breakdown and requires towing. All transport expenses to get the Vehicle and any trailer body to its destination, provided they can be transported by one standard towing Vehicle, will be met by The AA.

(q) Any additional costs i.e. storage of any caravan or any other form of trailer body shall be at the expense of the driver. Any additional or alternative towing requirements under the terms in towing conditions would be at the driver’s expense. In all cases, the decision regarding whether a Vehicle requires towing will rest with The AA.

(r) Limits for On-Tow Caravans and trailers: The AA will provide cover for caravans and trailers on tow at the time of the breakdown up to a maximum 7 metres in length (excluding tow-bar). 2.44 meters wide and /or 3 meters high. When recovery of a Vehicle is required, caravans and trailers on tow at the time of the breakdown may be towed by The AA if the caravan or trailer is not required to be lifted and carried.

(s) Any trailer or caravan that is un-roadworthy, overloaded, or in an unsafe condition will only be towed or transported at the driver’s expense and only provided if it is legal to do so in the opinion of The AA.

(t) Heavy duty Vehicles (over 5 tonnes): Pricing is on a per event basis. The customer is responsible for all costs associated with mobilising or recovering the Vehicle, although The AA covers the full cost up front and the customer is later on-charged this full amount plus a 25% administration fee.

 

(a) Remote Areas: Where the Vehicle breakdown occurs in a remote area service delivery may be subject to lengthy delays due to breakdown location and The AA’s availability and accessibility. Remote areas are defined as areas within New Zealand that are sparsely populated and/or where The AA services are not readily available. The AA reserves the right to make alternative service arrangements in an effort to reduce the impact of delays and other inhibiting factors brought about by the breakdown location to ensure customer satisfaction is maintained.

(b) Towing Limitations: Towing will only be provided for Vehicles up to 3500kg GVM at the time of breakdown and where the disabled Vehicle’s physical dimension does not exceed 2.3 metres in width and 6.0 metres in length and where the wheel span is less than 1.8 metre’s wide. Vehicles exceeding these limitations will be offered towing at the driver’s expense. In these circumstances The AA may at its discretion pay the cost equivalent to transport a Vehicle that is within the above limitations, with any costs above this being at the driver’s expense.

(c) Trafficable Roads: The services will only be provided to Vehicles disabled on constructed roads/driveways that are legally trafficable by conventional two-wheel drive Vehicles and/or the towing/recovery Vehicle (where required) as determined by The AA.

(d) Vehicle Rescue: Where the Vehicle becomes disabled off a legally trafficable road such as beaches, fields or creek beds, Vehicle rescue may be arranged at the discretion of The AA at the driver’s expense.

(e) Bogged Vehicle Recovery: The services will be provided by The AA at its expense to Vehicles stranded on a trafficable road as defined in Section 4 of Service Conditions and where no special equipment such as power winches or extended cables etc are required.

(f) Special Equipment: Should special equipment be necessary to effectively deliver the service and/or where The AA has to return to their service facility to obtain this special equipment, the additional cost involved will be charged to the driver.

(g) Natural Disasters/Industrial Disputes: The AA reserves the right to alter and/or offer alternative assistance where a natural disaster (such as a flood, storm or fire) or an industrial dispute places extraordinary demands on the provision of the service. Where a disabled Vehicle cannot be reached, for example due to a natural disaster or an industrial dispute, The AA will attempt to provide whatever alternative assistance is practicable under the circumstances. Any such assistance will be at the discretion of The AA and will not be unreasonably withheld.

(h) Collision/Accident: The AA will assist the driver of the Vehicle and facilitate recovery of the immobilised Vehicle to the driver’s choice of repairer; the towing will be at the drivers cost. The AA will notify Crombie Lockwood of the incident and Vehicle location.

(i) Home Assistance: Assistance for Vehicles will be provided at the home address in the same way as at roadside. However, during times of peak demand, ‘at roadside’ calls will be given priority over that of ‘at home’ calls for assistance.

(j) Unattended Vehicles: Vehicles which are found to be unattended will not receive the service under any circumstance. The owner or the driver must wait with the Vehicle until The AA arrives. Where the owner has elected an authorised representative, this representative must hold a current motor Vehicle driver’s licence in case the Vehicle is required to be moved. Where the Vehicle is found to be unattended and should peak demand or any other circumstance inhibit The AA in waiting, the roadside assistance job will be aborted. Any subsequent calls for the service (deemed by The AA to be for the same incident) will be at the driver’s expense.

(k) Attempted Repairs: Where The AA attends a roadside assistance event and under initial inspection reasonably considers a third party attempt to repair the Vehicle has occurred and caused damage and where the Vehicle cannot be started or driven without further potential risk of damage, the service may be refused. Towing under this circumstance would be at the driver’s expense.

(l) Caravan and Trailer: Breakdown assistance will not be provided for caravans, or any other form of trailer body being towed by the Vehicle, unless cover has been purchased for the trailer or caravan. However, should the Vehicle, whilst encumbered by a caravan or any other form of trailer body experience a roadside breakdown and require towing, the caravan or any other form of trailer body will be moved to a safe location (to avoid a potential traffic hazard only) as determined by the AA.

(m) Cargo: The AA or Crombie Lockwood will accept no responsibility under any circumstances for the security and/or any loss associated with a disabled Vehicle’s cargo which may result from delays in providing roadside assistance and/or towing.

(n) Neglect and /or Abuse: The AA or Crombie Lockwood will not be responsible for additional or increased costs and expenses as a result of the following:

(o) Repair Costs: The AA or Crombie Lockwood will not be responsible for any costs in relation to parts or any other associated costs for the repair of the Vehicle, other than minor breakdown repairs to facilitate the immediate mobilisation of the Vehicle.

 

(a) Vehicle parts/fuel/repairs on garage premises o Vehicles of an un-roadworthy/unsafe condition

(b) When the Vehicle was being used for racing, pace-making, speed testing, reliability trials, competitions, or off-road activities at the time of the breakdown.

(c) Carriage of passengers as a result of a breakdown can only be to the legal limit of the attending Vehicle.

(d) Any expense as a result of additional transportation or a return journey to pick up extra passengers is at the driver’s cost.

(e) Vehicles requiring assistance with snow chains.

(f) Vehicles that do not have either a current Warrant of Fitness or Vehicle Registration.

 

(a) The following terms and conditions additionally apply to BEV-Battery Electric Vehicles hired by Wings Car Rental Ltd to The Hirer.

(b) The Hirer must be aware of and be confident to operate and maintain BEV before rental agreement or The Hirer should request operating instructions to Wings Car Rental and inspect these thoroughly before taking the Vehicle. By taking the Vehicle the Hirer warrants that themselves and all Authorised Drivers comply with this clause.

(c) The vehicle cannot go through an automatic car wash. If the vehicle is taken through an automatic car wash and damaged and the damage is not covered by insurance then the Hirer will be liable to make good, which may include towing costs, and repairs and replacement as assessed by a qualified mechanic of WCR’s election.

(d) The vehicle should not discharge battery completely any time during hire. If it does, The Hirer will be charged for relocation of the vehicle to the nearest charging facility and all any other handling fees. This transportation must be communicated to and/or arranged by Wings Car Rental prior arrangement. This transportation must not be by towing but will be by flat-bed truck only.

(e) If any charging accessories (including Fast Charging Cable) provided by Wings Car Rental is lost or damaged during rental then the Hirer will be liable to pay $600 penalty and replacement costs.

 

(a)You agree that WCR may at any time install tracking devices and/or use inbuilt tracking services including GPS and other inbuilt apps on the Vehicles and that WCR may use tracking and monitor the Vehicle using these systems and apps at any time during the Hire period. You agree that the tracking may not be disclosed to you as to its nature and location or when it may be used. The data received from tracking may be stored by WCR.

(b)If the vehicle has inbuilt GPS and apps then these apps may store, share, and view locations and status of vehicles to WCR. WCR may use this information for any reason including to assist you with situations such as lockouts, incidents, vehicle dashboard warnings, and speeding. WCR may also derive details of the vehicle location in case it is driven anywhere that is a known insurance exclusion location. Please note, that any damage that occurs due to driving a hired vehicle in insurance-exclusion locations, will result in the hirer's liability and the hirer will get charged for any loss or repair.

(c)If the vehicle has inbuilt apps then you acknowledge that your use and engagement with these apps may involve you providing private information or giving permissions to these apps in order to use them (for example, access to your contacts, music and other files and personal information). Any such information and permissions are between you and the third party apps of which WCR takes no responsibility. It is your responsibility at the conclusion of the rental to erase and disconnect all your personal devices from the vehicle. WCR takes no responsibility for any failure to erase data or information that may be held in the vehicle apps on termination of the rental that gets passed on to the new hirer or third parties.

(d)If the Vehicle is located anywhere that is a known insurance exclusion location, or an area likely to cause damage to the vehicle this may result in cancellation of the hire by WCR at their discretion, pursuant to these Terms. This clause is inserted for the sole benefit of WCR.

(e)You agree that on request you will immediately let WCR know the whereabouts of the car.

(f)WCR will collect and hold personal information about you, including your name, contact details, driver’s licence details, copies of invoices and our written communications with you;

(g)WCR will use this personal information in connection with providing Vehicle rental and related services including damage monitoring, reporting and repair, responding to and reporting accidents and other incidents involving the Vehicle, processing payments and charges, debt recovery, fraud prevention, insurance claims and credit management, marketing, and the promotion of safe driving in New Zealand.

(h)WCR will comply with our obligations under the Privacy Act 2020 which limits our rights to collect, use and store such information;

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

(j)You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or have it corrected, please contact us at info@wingscarrental.co.nz, by telephone at (09) 217 2212, or by writing to us at PO Box 260011, Cockle Bay

(k)WCR may collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

(l)Any Personal Information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your Personal Information to countries which have less legal protection for Personal Information than New Zealand.

For more information on Privacy Policy, please refer to Privacy Policy on our website.