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Car Rental Terms and Conditions(NZ)

yesaway New Zealand Limited Rental 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 vehicle (hereinafter jointly and severally
referred to as “the hirer”) and yesaway New Zealand Limited hereinafter referred to as
"yesaway".

2.Vehicle Description

"yesaway" will let and "the hirer" will take on hire the vehicle detailed on the Rental
Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".

3.Authorised Drivers

The vehicle may be driven during the period of hire only by the persons described in this
Rental Agreement, and then only if those persons hold a current full (non-probationary)
drivers licence appropriate for the vehicle at the time that they are driving the vehicle. Any
authorized driver of the vehicle must be at least 21 years old, held a
license for a minimum of 1 year and must be a capable and qualified driver in possession
of validly issued driver’s license, which is in good standing under the laws of the issuing
jurisdiction.

4.Terms of the Hire and Late Return Additional Charges

“yesaway” agrees to provide, and the hirer agrees to purchase the car rental services
described on the Rental Agreement.

The hire will terminate when the vehicle is returned to the rental location specified on the
Rental Agreement.In every 24 hours period, if the vehicle is returned 60 minutes or less
beyond the end of the rental period, there will be no additional charge, late return more
than 60 minutes but less than 4 hours will be charged half of the total rental charge, more
than 4 hours, full rental charge will be applied. Any unauthorised late return will attract a
surcharge of $200 per day thereafter in addition to the total rental charge. The total rental
charge is equal to 100% of the daily rental rate plus 100% of any charges in the rental
agreement for insurance, additional services or other miscellaneous charges. Please phone
yesaway if you wish to extend your rental, and if this is possible we will always oblige.
Vehicle hire charges are non-refundable and non-transferable. In the event that the hirer
cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement,
no refund applies. “yesaway” reserves the right to call police for any unauthorized late
return.

5.Other Products and Services

“yesaway” agrees to arrange and the hirer agrees to purchase any additional products and
services as detailed on the Rental Agreement.

6.Total Charges for Vehicle Hire and Other Products and Services (Including GST):

The hirer is responsible for the correct fitting and use of any accessories supplied. The hirer
is fully liable for the full replacement cost up to $350 per item in the event that any of the
accessories (GPS $200, umbrella $50, car seat $350, boost seat $150, car charger $20, phone
holder $20 ) are lost, stolen or damaged.

7.Acceptance of Rental Terms & Conditions

The hirer agrees to be bound by all of the terms and conditions of hire. The hirer
acknowledges that he or she is fully liable for any excess owing due to damage of the rental
vehicle (see clause 13) irrespective of fault.

Refer to clause 14 for collision damage waiver (CDW) conditions.

The hirer agrees that he/she has presented the credit card details noted on the Rental
Agreement as a bond for the hire and that “yesaway” is irrevocably authorised to charge
this credit card for any actual or consequential liability arising out of the Rental Agreement
(this clause does not apply to the easy rent reservations). The cardholder and the hirer are
jointly and severally liable under the terms of this agreement.

8.Use of the Vehicle

8.1The hirer must not use or allow the vehicle to be used for the transport of passengers
for hire or reward unless the vehicle is hired with the knowledge of “yesaway” for use in a
passenger service licensed under part 4A of the Land Transport Act 1998.

8.2The hirer must not:

(a) Sublet or hire the vehicle to any other person;

(b) Allow the vehicle to be operated outside his or her authority;

(c) Operate the vehicle, 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 vehicle or allow it to be operated in a race, speed test, rally, or contest;

(e) Operate the vehicle 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 vehicle or allow it to be operated for the transport of more than the number
of passengers or more than the gross vehicle mass specified in the certificate of loading for
the vehicle;

(g) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver
is not the holder of a current full (non-probationary) driver licence appropriate for the
vehicle;

(h) Operate the vehicle, or allow it to be operated to tow or propel any other vehicle, except
any luggage trailer supplied by “yesaway”;

8.3The hirer shall ensure that:

(a) All reasonable care is taken when driving and parking the vehicle;

(b) The vehicle is locked and secure at all times when it is not in use;

8.4The hirer shall ensure that no person smokes inside the vehicle.

8.5The hirer shall ensure that a copy of this agreement is:

(a) Kept in the vehicle throughout the term of the hire; and

(b) Produced without delay for inspection on demand by an enforcement officer;

9.Petrol and Other Fuel

9.1The hirer is responsible for the cost of fuel used during the hire.

9.2If the hirer elects to take the fuel purchase option at the start of the hire, no refund is
made for remaining fuel on return of the vehicle.

9.3If the fuel purchase option has not been taken at the start of the hire, then the vehicle
should be returned with a full tank. In the event that the vehicle is returned with less than a
full tank a $20 refuelling surcharge applies. The hirer is absolutely liable for the cost to
refuel the vehicle and the refuelling surcharge.

10.Activation of Warning Lights, Breakdown and Mechanical Repairs

10.1If any warning light is activated or if the vehicle requires mechanical attention the driver
must stop driving and contact yesaway.

10.2The hirer shall not arrange or undertake any repairs or salvage without “yesaway” ’s
prior authority except to the extent that repairs or salvage are necessary to prevent further
damage to the vehicle or to other property. Repairs will be approved and reimbursement,
where applicable, will be granted provided the hirer was not responsible for the damage. In
all cases receipts must be submitted for any repair.

10.3If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the
hirer, “yesaway” will refund to the hirer the rental charges that relate to the period during
which the car could not be used. “yesaway” undertakes to arrange repair or replacement
with another vehicle as soon as practicable.

11.Accidents

11.1In the event of an accident the hirer shall:

(a) Notify “yesaway” of the full circumstances as soon as practical;

(b) Notify the NZ Police if the accident involves injury;

(d) If possible, prepare a written statement of the facts signed by all parties. If agreement
can not be reached, obtain a copy of the Police report;

11.2 In the event of an accident the hirer shall not:

(a) The Hirer make any admission of liability

(b) Arrange or undertake any repairs or salvage without “yesaway” ’s prior authority except
to the extent that repairs or salvage are necessary to prevent further damage to the vehicle
or to other property;

11.3 In the event that an accident renders the vehicle unfit to drive, “yesaway” will make no
refund for the unused hire period (including CDW payment if applicable) and the provision
of a replacement vehicle shall be at “yesaway” ’s sole discretion. “yesaway” shall not be
responsible for the cost of transporting the hirer and any accompanying passengers away
from the accident location. In the event that “yesaway” decides to offer the hirer an
alternative vehicle, the vehicle shall be made available at the closest branch, not delivered to
the accident location. “yesaway” reserves the right to provide the replacement vehicle
subject to an increased hirer’s liability and/or to decline to offer CDW cover for the
replacement vehicle.

12.Insurance

12.1Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver
named in this agreement is fully indemnified in respect of any liability he or she might have
to “yesaway” in respect of the loss of or damage to the vehicle and its accessories and
spare parts and any consequential loss of revenue or other expenses of “yesaway”
including towing and salvage costs associated with the recovery of the vehicle and its
accessories and spare parts.

12.2Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver
named in this agreement is indemnified to the extent of $1,000,000 in respect of any liability
he or she might have for damage to any property (including injury to any animal)
belonging to any other person and arising out of the use of the vehicle. This indemnity
does not apply to any property being transported in the vehicle at the time of the accident.

12.3Exclusions

The indemnities above shall not apply where the damage, injury or loss arises when:

(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or
her ability to drive the vehicle;

(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of
the hire and that caused or contributed to the damage or loss, and the hirer or driver was
aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;

(c) The vehicle is operated in contravention of clause 8.1, 8.2 or 8.3 of this agreement. In
respect of breaches of clause 8.2 (e), this exclusion shall only apply where in the reasonably
held opinion of “yesaway” such a breach is wilful, reckless, or of sufficient gravity that it
results in the driver being disqualified from driving in New Zealand for any period (loss of
licence);

(d) The vehicle is driven by any person not named in clause 3 of this agreement;

(e) The vehicle including its accessories and spare parts is wilfully or recklessly damaged by
the hirer or any other person named in clause 3 of the agreement or driving the vehicle
under the authority of the hirer, or is lost as a result of wilful or reckless behavior of the
hirer or any such person;

(f) The vehicle is operated off-road or on any beach including Ninety Mile Beach and Te
Paki stream bed;

(g) ALL vehicles (including 4WD vehicles) are prohibited from driving on ALL 4WD tracks;

(h) The following roads are also specifically excluded: Skippers Canyon, 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;

(i) The vehicle including its accessories and spare parts is damaged as a result of
submersion in water, including crossing creeks, rivers or flooded fords;

(j) The vehicle is operated outside the term of the hire;

(k) The vehicle including its accessories and spare parts is damaged as a result of incorrect
fitting or use of snow chains or ski/snowboard racks or bicycle racks;

(l) The vehicle including its accessories and spare parts is damaged by any item carried
inside or outside the vehicle, such as a surfboard or bicycle;

12.4The indemnities in clauses 12.1 and 12.2 shall not apply to the amount of the hirer’s
liability for damage specified in clause 7.

13.Hirer’s Liability for Damage

13.1 In the event that the hirer elects not to purchase CDW, the hirer is absolutely liable for
any damage (including damage caused by hail, storms, earthquake or other natural
disasters) up to the amount specified in clause 7 irrespective of fault.

In this context damage includes:

(a) Any and all damage to the vehicle including windscreens, tyres, break-in or vandalism,
theft, fire, towing and recovery costs;

(b) Damage to third party property;

(c)In the event where the Vehicle is determined inoperable by the Owner due to events
arising from the Hirer’s rental period, the Owner reserves the right to charge the Hirer a
loss of use fee in addition to other related costs. The loss of use fee is calculated based on
the daily retail rental rate of the Vehicle when the Vehicle is being repaired and shall not
exceed the sum of 30 days’ rental rate.

13.2The hirer’s liability for damage applies in respect of each separate accident or incident,
not each rental.

14.Collision Damage Waiver

14.1Collision Damage Waiver (CDW) reduces the hirer’s liability for damage under clause 13
to the agreed excess (deductible) subject to the following conditions and exclusions.

CDW does not cover damage or loss associated with:

(a) Any of the circumstances detailed in clause 12.3;

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

(d) Cost associated with the incorrect use of or contamination of fuel (diesel or petrol);

(e) Cost of repair or replacement of other products detailed in clause 5;

(f) Costs arising under clause 15;

14.2In the event that the vehicle is replaced under clause 11.3, CDW is not transferable to
the replacement vehicle.

15.Hirer’s Liability for Cleaning Charges

15.1If the vehicle is returned in an excessively dirty condition that requires extraordinary
cleaning or deodorising, the hirer is absolutely liable for the cost of this cleaning or repair
and any consequent loss of use of the vehicle.

Such charges include but are not limited to cleaning of:

(a) Spillage of fluids such as drinks, milk, oil, paint, etc.;

(b) Perishable food;

(d) Fish and associated smells;

(e) Vomit;

(f) Cigarette/cigar smoke smells;

16.Fine,Petrol and Administration Charges

16.1In the event that “yesaway” receives an unpaid toll notice relating to the period the
vehicle was on hire, “yesaway” will charge the hirer a $20.00 for transfer of liability of the
notice to the hirer.

16.2 In the event “yesaway “receives an infringement notice of a speeding, parking or other
traffic infringement relating to the period the vehicle was on hire:

(a) “yesaway” will notify and provide the Hirer details of the infringement notice as soon as
is practical;

(b) Provide the necessary information to the relevant authority for such notices to be
directed to the Hirer;

(d) The Hirer has the right to challenge, complain about, query or object to the alleged
offence to the issuing enforcement authority;

(e) The Hirer has the right to seek a court hearing within 56 days from the date of issue of
the infringement notice or 28 days from the date of issue of the reminder notice;

16.3 If the fuel purchase option has not been taken at the start of the hire, then the vehicle
should be returned with a full tank. In the event that the vehicle is returned with less than a
full tank a $20 refuelling surcharge applies. The hirer is absolutely liable for the cost to
refuel the vehicle and the refuelling surcharge.

17.Return of the Vehicle and Termination of the Hire

17.1The hirer shall, at or before the expiry of the term of hire, return the vehicle (including
car keys) to the location specified in clause 4 of the agreement, or obtain “yesaway” ’s
consent to the continuation of the hire. Changes to the return date and time and/or return
branch are subject to vehicle availability and may not always be possible.

17.2 If the vehicle is returned to a different location than that specified in clause 4 without
“yesaway“ ’s prior consent an additional fee of up to $800.00 may be charged at ”yesaway“
’s sole discretion.

17.3 “yesaway” shall have the right to terminate the agreement and repossess the vehicle
(and for that purpose enter any premises and remove the vehicle) at any time, without
notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle,
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 vehicle through fraud or misrepresentation;

(d) The vehicle appears to be abandoned;

(e) The vehicle is not returned on the agreed return date;

(f) The vehicle is damaged;

(g) “yesaway” considers, on reasonable grounds, that the vehicle is endangered;

(h) The NZ Police recommend that “yesaway” 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 “yesaway” under this agreement or otherwise;

18.Calculation of Charges

18.1“yesaway” calculates rental days as the number of consecutive 24-hour periods starting
at the earlier of the time the rental was booked to start or the actual start time and finishing
at the later of time the rental was booked to finish or the actual finish time. Notwithstanding
this, clause 4 applies in the case of late return and unauthorised late return.

yesaway reserves the right to charge a cancellation fee for the following conditions:

(a) If a prepaid reservation is cancelled more than 24 hours before the pickup time, yesaway
will credit you full amount within approximately seven business days’ without cancellation
fee. If the prepaid reservation is cancelled within 24 hours before the pickup time, one-day
car rental fee will be assessed.

(b) If you do not cancel the reservation prior to the time of pick-up or the rental vehicle is
not picked up on the pickup time, the vehicle will be reserved for you within 24 hours after
pick up time. But the reservation will be automatically cancelled, if the vehicle has not been
picked up within 24 hours after pick up time and the entire prepaid amount will be forfeited.

18.2 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. “yesaway” accepts no liability for
any such variations.

18.3The hirer will be responsible for the entire cost of the hire should the hirer’s agent’s
voucher they present not be paid within 60 days by the hirer’s agent. The total payment will
be charged to the hirer’s credit card given to “yesaway” as a security bond. The hirer agrees
their only recourse is through the hirer’s agent in the event of such an occurrence.

19.Release and Indemnity of “yesaway”

19.1The hirer releases “yesaway” 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 vehicle.

19.2The hirer hereby indemnifies and shall keep indemnified “yesaway” 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 vehicle.

19.3 Any indemnity required of the hirer shall not operate to indemnify “yesaway” in
respect any negligent act by “yesaway”.

20.Personal Injury, Personal Property and Storage of Property.

20.1Physical injuries because of an accident while in New Zealand are covered in most cases
under the IPRC Act 2001.

20.2 “yesaway” strongly recommends that all people travelling in New Zealand take out
Personal Travel Insurance. “yesaway” does not accept any liability for:

(a) Personal injuries sustained during the rental;

(b) Damage or loss of the hirer’s personal property;

20.3In the event that the hirer or any other person leaves any property with “yesaway” for
any reason this is entirely at that person’s own risk and “yesaway” will not accept any
liability for damage or loss for any reason whatsoever.

21.Claims Against Third Parties

21.1“yesaway” is not responsible for pursuing any claims the hirer may have against third
parties for any damage or loss including the hirer’s liability paid to “yesaway”. “yesaway”
will provide an invoice for any amount paid to “yesaway” by the hirer.

21.2In the event that the hirer arranges alternate insurance cover (including complimentary
credit card insurance) for the hirer’s liability or any other amount due under the terms of
this agreement, the hirer will pay the full sum directly to “yesaway” and “yesaway” will
provide an invoice for the sum paid. It is not “yesaway” ’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.

22.Child Restraints in New Zealand

Under New Zealand law, all children under seven years of age must use an approved child
restraint appropriate for their age and size. yesaway is required to provide for rental a child
restraint system if the hirer do not have a child restraint system yourself.

23.Privacy Act

The information requested from the hirer is to enable “yesaway” to assess the hirer’s
request to hire a vehicle. The hirer does not have to supply this information, but if the hirer
does not, then “yesaway” is unable to hire the vehicle. The hirer acknowledges that
“yesaway” will collect, hold and use the hirer’s personal information for purposes related to
the hire of the vehicle and the provision of related customer services, including direct
marketing and assessing customer satisfaction with products and services provided by
“yesaway”. 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 “yesaway”, or other parties involved in an accident with the vehicle while on hire
to the hirer; or any organisations responsible for the processing or handling of traffic
related infringements; and the hirer hereby authorises the disclosure of their personal
information for such purposes.

24.Payment Clause

Guangzhou Yuewang Information Technology Co.，Ltd shall be responsible for the transaction conducted in New Zealand, in order to ensure adequate operational support for customers in respect of refund and cancellation.