Terms and Conditions
1. Parties
This agreement sets out the terms and conditions of hire entered into between the cardholder and the person taking possession of the cruiser (hereinafter jointly and severally referred to as “the hirer”) and Peonies Cruisers hereinafter referred to as “the owner”.
2. Cruiser Description
The owner will let and the hirer will take on hire the cruiser detailed on the online reservation. This is hereinafter referred to as “the Cruiser”.
3. Terms of the Hire and Cruiser Charges
The hirer must present proof of their Drivers Licence at time of collection. Without proof of a Drivers Licence, we are unable to release the Cruiser to the hirer and up to a full day charge will apply.
The owner agrees to provide, and the hirer agrees to purchase the cruiser rental services described on the on-line booking form. If the Cruiser isn’t collected by 10:30am on the date booked the Cruiser will be released back into the system and a full day charge will be incurred.
The hire will terminate when the cruiser is returned to Peonies Home & Living, 64 Jellicoe Street, Martinborough by 5pm on the day of hire. Any unauthorised late return will attract a surcharge of $20 per hour (up to 4 hours) and $80 per day thereafter in addition to the daily rate. Cruiser hire charges are non-refundable and non-transferable. In the event that the hirer cancels or voids the agreement, or returns the cruiser earlier than was booked, no refund applies.
4. Total Charges for Cruiser Hire and Other
Products and Services (Including GST): The hirer is responsible for the correct use of any accessories supplied, in this case helmets and cruiser baskets. The hirer is fully liable for the full replacement cost up to $500 per item in the event that any of the accessories are lost, stolen or damaged.
5. Acceptance of Rental Terms and Conditions
The hirer agrees that he/she has presented the credit card details noted on the booking as a bond for the hire and that the owner is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the booking. The cardholder and the hirer are jointly and severally liable under the terms of this agreement.
6. Use of the Cruiser
6.1 The hirer must not use or allow the Cruiser to be used for the transport of passengers for hire or reward, including but not limited to.
6.2 The hirer must not:
(a) Sublet, hire or lend the Cruiser to any other person;
(b) Allow the Cruiser to be operated outside his or her authority;
(c) Operate the Cruiser, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act 1998.
(d) Operate the Cruiser or allow it to be operated in a race, speed test, rally, or contest;
(e) Operate the Cruiser or allow it to be operated in breach of the Land Transport Act 1998, the Land Transport (Road Safety and Other Matters)
Amendment Act 2011, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;
(f) Operate the Cruiser or allow it to be operated for the transport of anyone other than themselves and with a weight limit of no more than 130kgs.
(g) Ride or allow the Cruiser to be ridden by any person, if at the time of driving, the rider is not the holder of a current full (non-probationary) drivers licence appropriate for a bike or motor vehicle; Operate the Cruiser, or allow it to be operated to tow or propel any other device.
6.3 The hirer shall ensure that:
(a) All reasonable care is taken when driving and parking the Cruiser;
(b) The Cruiser is locked and secure at all times when it is not in use;
(c) No person interferes with any part of the battery, or braking systems.
(d) You wear a helmet while riding the Cruiser.
(e) The Cruiser is parked on its stand.
(f) There is no doubling, 1 person per Cruiser.
6.4
(a) You must stay within the radius of Martinborough as per the geo-fence map.
(b) Please stay on the road and leave the footpaths free for pedestrians.
7. Breakdown and Repairs
7.1 If the Cruiser requires attention the rider must stop riding it and contact the owner.
7.2 The hirer shall not arrange or undertake any repairs or salvage.
7.3 If the Cruiser becomes unfit to ride due to a malfunction that was not the fault of the hirer, the owner will refund to the hirer the rental charges that relate to the period during which the Cruiser could not be used.
7.4 For roadside assistance call outs including, but not limited to; tyre related incidents, or lost keys a service fee of $75 will be charged.
8. Accidents
8.1 In the event of an accident the hirer shall:
(a) Notify the owner of the full circumstances as soon as practical;
(b) Notify the NZ Police if the accident involves injury;
(c) Record full details of all parties, and witnesses involved in the accident;
(d) If possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, obtain a copy of the Police report;
8.2 In the event of an accident the hirer shall not:
(a) Make any admission of liability;
(b) Arrange or undertake any repairs or salvage without the owner’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the Cruiser or to other property.
8.3 In the event that an accident renders the Cruiser unfit to ride, the owner will make no refund for the unused hire period and the provision of a replacement Cruiser shall be at the owner’s sole discretion. The owner shall not be responsible for the cost of transporting the hirer away from the accident location.
In the event that the owner decides to offer the hirer an alternative Cruiser there will be a $75 delivery fee if it is to be delivered to the accident location. The owner reserves the right to decline to offer a replacement Cruiser.
9. Hirer’s Liability for Damage
9.1 The hirer is absolutely liable for any damage (including damage caused by hail, storms, earthquake or other natural disasters.
Damage includes but is not limited to:
(a) Any and all damage to the Cruiser including tyres, vandalism, theft, fire, water and recovery costs.
(b) Damage to third party property;
(c) Loss of use of the Cruiser by the owner during the period the Cruiser is off for repair. This period is charged at the daily rental rate for the Cruiser.
9.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.
9.3 The hirer is liable for the full cost of the Cruiser if it is lost or unable to be returned or is irrevocably damaged.
10. Return of the Cruiser and Termination of the Hire
10.1 The hirer shall, at or before the expiry of the term of hire, return the Cruiser (including keys) to 64 Jellicoe Street, Martinborough by 5pm.
10.2 If the Cruiser is abandoned within the geo fence area outlined on our map a collection fee of $75 + GST will be charged. If the Cruiser is abandoned outside of our geo fence area an additional fee of up to $200 may be charged at the owner’s sole discretion.
10.3 The owner shall have the right to terminate the agreement and repossess the Cruiser (and for that purpose enter any premises and remove the Cruiser) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the Cruiser, including towing charges, in any of the following circumstances:
(a) The hirer is in breach of any material term of this agreement;
(b) The hirer has obtained the Cruiser through fraud or misrepresentation;
(c) The payment for the rental is in arrears;
(d) The Cruiser appears to be abandoned;
(e) The Cruiser is not returned on the agreed return date;
(f) The NZ Police recommend that the owner terminate the hire in the interests of road safety.
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 the hire under this clause shall be without prejudice to the other rights of the owner under this agreement or otherwise.
10.4
(a) The hirer may cancel their booking online up to 48 hours in advance of their booking date, with 100% of the booking cost refunded.
(b) If the hirer cancels in less than 48 hours before the booking date there is no refund.
11. Calculation of Charges
11.1 The owner calculates a rental day as the day the Cruiser is collected and returned by 5pm that same day. Notwithstanding this, clause 4 applies in the case of unauthorised late return.
11.2 All transactions under this agreement are calculated in New Zealand dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. The owner accepts no liability for any such variations.
12. Release and Indemnity of the Owner
12.1 The hirer releases the owner and its employees and agents from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the Cruiser.
12.2 The hirer hereby indemnifies and shall keep indemnified the owner and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the hirer by reason of the hirer’s use and/or possession of the Cruiser.
12.3 Any indemnity required of the hirer shall not operate to indemnify the owner in respect any negligent act by the owner.
13. Personal Injury, Personal Property and Storage of Property
13.1 Physical injuries as a result of an accident while in New Zealand are covered in most cases under the IPRC Act 2001.
13.2 The owner strongly recommends that all people travelling in New Zealand take out Personal Travel Insurance. The owner does not accept any liability for:
(a) Personal injuries sustained during the rental;
(b) Damage or loss of the hirer’s personal property;
13.3 In the event that the hirer or any other person leaves any property with the owner for any reason this is entirely at that person’s own risk and the owner will not accept any liability for damage or loss for any reason whatsoever.
14. Claims Against Third Parties
14.1 The owner is not responsible for pursuing any claims the hirer may have against thirdparties for any damage or loss including the hirer’s liability paid to the owner. The owner will provide an invoice for any amount paid to the owner by the hirer.
14.2. It is not the owner’s responsibility to provide to the hirer or any other party alternate repair quotes, police reports, photographs or any other information that may be required to substantiate the hirer’s subsequent claim on their insurance.
15. Privacy Act
The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a Cruiser. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the Cruiser. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the Cruiser and the provision of related customer services. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the Cruiser while on hire to the hirer; and the hirer hereby authorises the disclosure of their personal
information for such purposes.
