Terms and Conditions
“Ace” shall mean Ace Campervans Limited T/A Ace Campervan Rentals, its successors and assigns or any person acting on behalf of and with the authority of Ace Campervans Limited T/A Ace Campervan Rentals.
“Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
“Campervan” shall mean all Campervan/s (including any accessories or contents) supplied on hire by Ace to the Customer (and where the context so permits shall include any incidental supply of services). The Campervan shall be as described on the Hire Agreement, quotation, booking form, invoice or any other document as provided by Ace to the Customer.
“Minimum Hire Period” shall mean the shortest duration of time in which the Campervan can be hired, and is as specified on the Hire Agreement, quotation, booking form, invoice or any other document as provided by Ace to the Customer.
“Price” shall mean the cost of the hire of the Campervan, as agreed between Ace and the Customer subject to clause 4 of the Hire Agreement.
The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places a booking for the Campervan, or accepts Delivery.
These terms and conditions may only be amended with Ace’s consent in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Ace.
Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Ace shall provide the Customer with at least one (1) copy of the Hire Agreement; a copy must be kept in the Campervan through the hire period, and produced on demand by any law enforcement officer.
3. Change in Control
The Customer shall give Ace not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, addresses, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Ace as a result of the Customer’s failure to comply with this clause.
4. Price and Payment
At Ace’s sole discretion –
the Price shall be indicated in the Hire Agreement in respect of the Campervan supplied to the Customer; and
a deposit of two thousand dollars ($2,000.00) shall be required to reserve the booking of the Campervan, and:
shall act as a bond upon commencement of the hire period, and shall be refunded to the Customer in three (3) weeks of return of the Campervan, provided the same is returned to Ace at the agreed location and the agreed time, in the same condition as when hired, and no accessories or contents are lost or damaged. This amount may be reduced proportionately where Ace has incurred costs to restore the Campervan to the same condition it was prior to the hire by the Customer (including, but not limited to, cleaning, refilling the gas bottle and fuel tank, repair of damage, etc.), and in the event of any traffic infringements, parking fines and/or tolls; and
irrespective of the payment of the deposit, the full payment of the Price shall be due prior to collection of the Campervan.
Time for payment for the Campervan being of the essence, the Price will be payable by the Customer on the date/s determined by Ace, which may be:
seven (7) days from the date of the invoice;
the date specified on any invoice or other form as being the date for payment; or
failing any notice to the contrary, if no date is stated then payment shall be due on collection of the Campervan..
Payment may be made by cash, direct debit, automatic payment, electronic/on-line banking,credit card (fees apply) or by any other method as agreed to between the Customer and Ace.
Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Ace an amount equal to any GST Ace must pay for any supply of the Campervan on hire by Ace under this Hire Agreement, or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.
Receipt by Ace of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
The Price shall not be subject to any set-off or deduction for any reason whatsoever (including for any sums owed or claimed to be owed to the Customer by Ace) and, without limiting the generality of the forgoing the Customer shall not be entitled to withhold payment of any invoice because part of that invoice is in dispute. In the event the Customer disputes any part (or all) of any invoice, such dispute must detailed in writing and given to Ace within seven (7) days of the date of the invoice. If the Customer shall fail to comply with this provision, any non-payment of an invoice (in whole or in part) shall entitle Ace to (at its sole discretion) place the Customer’s account into default.
Delivery of the Campervan (“Delivery”) is taken to occur at the time that the Customer, or the Customer’s nominated carrier, takes possession of the Campervan at Ace’s premises. Ace (or Ace’s nominated carrier) may agree to make Delivery and/or collection of the Campervan to and/or from the Customer’s nominated address, and the Customer will pay to Ace any charges and expenses incurred thereby where applicable, the costs of delivering and/or collecting the Campervan.
Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept Delivery, even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late.
6. Hire Period
At Ace’s sole discretion –
a Minimum Hire Period shall apply in all cases, and are as follows –
three (3) days, based on standard days, which excludes statutory holiday periods; and
four (4) days where the hire period falls within the Easter period; and
seven (7) days where the hire period falls within the Christmas period.
the hire period shall be the number of days stipulated in the Hire Agreement.
The Price is calculated on hire charges (per calendar day) applicable to the hire of the Campervan and at the time of such hire, and:
are subject to change without notice; however, the hire charges for a booking shall not be altered once the booking has been confirmed; and
the day of collection is counted as day one (1) of the hire period, regardless of the pick-up time, and the day the Campervan is returned is counted as the final day.
The hire period shall commence from 2:00pm on the day the Campervan is collected, and shall continue until 10:00am on the day the Campervan is returned. If the Campervan is returned after 10:00am it shall be classed as an additional day and the Customer shall be charged accordingly. Late collection or early return of the Campervan shall not entitle the Customer to any refund of the unused portion of the hire period.
The Customer shall, at or before the expiry of the hire period, deliver the Campervan to Ace’s premises, or obtain Ace’s consent to the continuation of hire. Any extension of the hire period shall incur additional charges, which shall be due for payment when Ace confirms the extended period.
No allowance whatever can be made for time during which the Campervan is not in use for any reason, unless Ace confirms special prior arrangements in writing. In the event of the breakdown of the Campervan, provided the Customer notifies Ace immediately, hiring charges will not be payable during the time the Campervan is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.
Ace shall not refund any unused portion of the hire period; however travel insurance (where applicable) may in some circumstances cover such. Refunds on any cancelled hire of the Campervan shall be subject to clause 2
7. Ace’s Obligations
The Ace shall supply the Campervan in a safe and roadworthy condition.
The Ace shall be responsible for all ordinary and extraordinary costs of the Campervan during the hire period, except to the extent that by the terms of the Hire Agreement, those costs are payable by the Customer.
8. Customer’s Responsibilities
The Customer shall ensure that –
maintain the Campervan as is required by Ace (including, but not limited to, maintaining water, oil and fluid levels and tyre pressures and/or any punctures that may occur during the hire period);
notify Ace immediately by telephone of the full circumstances of any mechanical breakdown or accident in connection with the Campervan. The Customer is not absolved from the requirements to safeguard the Campervan by giving such notification.
satisfy itself prior to taking delivery of the Campervan that the Campervan is suitable for its purposes;
operate the Campervan safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction, whether supplied by Ace or posted on the Campervan;
ensure that all persons operating or erecting the Campervan are suitably instructed in its safe and proper use, and where necessary, hold a current certificate of competency and/or are fully licensed;
comply with all occupational health and safety laws relating to the Campervan and its operation;
keep the Campervan in their own possession and control;
not alter or make any additions to the Campervan including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Campervan or in any other manner interfere with the Campervan;
the use of the Campervan is solely for the Customer’s use and shall not permit the use of the Campervan or any part thereof to be used by any other party for any other purpose;
not exceed the recommended or legal load and capacity limits of the Campervan;
not use or carry any illegal, prohibited or dangerous substance in or on the Campervan;
not fix any of the Campervan in such a manner as to make it legally a fixture forming part of any freehold;
all reasonable care is taken in parking the Campervan, and that the handbrake is properly engaged;
all vents and windows are secure before driving; and
the Campervan is locked and secure at all times it is not in use;
on termination of the hire period, return (or deliver up for collection) the Campervan complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to Ace.
The Customer shall be liable for any tolls, or parking and/or traffic infringements and will supply relevant details as required by the Police and/or Ace relating to any such parking or traffic infringement and offences, impoundment, towage and storage.
Smoking and the use of any illegal drugs is not permitted in the Campervan. Any evidence or smell of smoking / drug use will incur any costs of cleaning the Campervan, and/or repairing or replacing upholstery or any contents of the Campervan.
The use of candles / naked flames, or gas cooking devices that are not factory installed is expressly prohibited. Any damage resulting from the Customer’s failure to adhere to this clause shall be the responsibility of the Customer.
Animals are not permitted inside the Campervan (except for registered guide dogs).
The Customer shall not –
sublet or hire the Campervan to any other person; and
permit the Campervan to be driven outside their authority; and
drive the Campervan, or permit it to be driven, in circumstances that contravene clause 3.
In the event of loss or damage to the Campervan (and any of its contents) the Customer shall be liable for –
the daily hire rate for the period the Campervan is off fleet for accident repairs (up to a maximum of seven (7) days); and
the costs of repairing any –
damage to windows, vents and/or tyres;
damage relating to creek or river crossing, beaches and flooded areas, or on restricted roads;
overhead or underbody damage to the Campervan.
the cost of replacing lost keys;
the new list price of any Campervan that is for whatever reason destroyed, written off, or not returned to Ace;
all costs incurred in cleaning the Campervan;
any insurance excess payable in relation to a claim made by either the Customer or Ace in relation to any damage caused by, or to, the hire Campervan whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or Ace’s.
Subject to the exclusions set out below, the Customer, and any driver authorised to drive the Campervan, is fully indemnified in respect of any liability they might have to Ace in respect of the loss or damage to the Campervan and its accessories and spare parts and any consequential loss of revenue or other expenses of Ace, including towing and salvage costs associated with the recovery of the Campervan and its accessories and spare parts.
Subject to the exclusions set out below and herein, the Customer, and any driver authorised to drive the Campervan, is indemnified to the extent of the amount stipulated in the Hire Agreement in respect of any liability they 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 Campervan.
The indemnities referred to above shall not apply where the damage, injury, or loss arises when –
the driver is under the influence of alcohol, or any drug that affects their ability to drive the Campervan;
the driver is in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws relating to road traffic;
subject to the Campervan being deemed safe and roadworthy on the commencement of the hire period, where the Campervan becomes (during the hire period) in an unsafe or unroadworthy condition which has caused or contributed to the damage or loss, and the Customer (or driver) was aware, or ought to have been aware, of the unsafe or unroadworthy condition of the Campervan;
the Campervan is used in any race, speed test, rally, or contest;
the Campervan is driven by any person who at the time of driving the Campervan is disqualified from holding or has never held a driver’s licence appropriate for the Campervan;
the Campervan is wilfully or recklessly damaged by the Customer (or any other person nominated in the Hire Agreement or driving the Campervan under the authority of the Customer), or is lost as the result of wilful or reckless behaviour of the Customer or any such person.
the Campervan is used outside the hire period, or any agreed extension of that term.
It is agreed between Ace and the Customer that Section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The general effect of this provision is that an exclusion will not apply if the Customer proves on the balance of probability that the damage or loss was not caused or contributed to by the matters to which the exclusion refers.
10. Repairs and Accidents
If the Campervan is damaged or requires repair or salvage, whether because of an accident or breakdown, the Customer shall advise Ace of the full circumstances by telephone as soon as practicable.
The Customer shall not arrange or undertake any repairs or salvage without the authority of Ace except to the extent that the repairs or salvage are necessary to prevent further damage to the Campervan or to other property.
The Customer shall ensure that no person shall interfere with the lights or suspension of the Campervan, except in an emergency.
The Campervan is and will at all time remain the absolute property of Ace. Without prejudice to any other rights of either party hereunder, Ace may cancel the Hire Agreement (without refund) and take immediate possession of the Campervan (in accordance with clause 2) in the event:
the Customer is in breach of these terms and conditions, or fails to return the Campervan (or Ace reasonably believes that the Campervan will not be returned) at, or before, the expiry of the hire period; or
the Customer has obtained the Campervan through fraud or misrepresentation; or
the Campervan is damaged or abandoned; or
Ace reasonably believes that the safety of passengers, or condition of the Campervan is, or has been, endangered.
The Client grants Ace (or their agent) the right to (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Campervan is situated (or believed to be situation) and take possession thereof (including any personal property of the Client stored therein), without being responsible for any damage thereby caused, and the Customer shall be liable for any repossession costs incurred by Ace.
Ace shall have a lien on any property stored in the Campervan for all sums payable by the Client to Ace, and Ace shall have the right to sell such property by public auction or private treaty after giving seven (7) days’ notice to the Client. Ace shall be entitled to retain the sums due to it, in addition to the charges incurred in the storage and sale of such property, from the proceeds of sale and shall render any surplus to the entitled person. Any such sale shall not prejudice or affect Ace’s right to recover from the Client any amounts due or payable in respect of the hire of the Campervan (and this agreement), or the repossession, storage and sale of the Client’s property.
The Customer is not authorised to pledge Ace’s credit for repairs to the Campervan or to create a lien over the Campervan in respect of any repairs.
12. Personal Property Securities Act 1999 (“PPSA”)
Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
these terms and conditions constitute a security agreement for the purposes of the PPSA; and
a security interest is taken in all Campervan and/or collateral (account) – being a monetary obligation of the Customer to Ace for Services – that have previously been supplied and that will be supplied in the future by Ace to the Customer.
The Customer undertakes to:
sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Ace may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify, and upon demand reimburse, Ace for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Campervan charged thereby;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Campervan and/or collateral (account) in favour of a third party without the prior written consent of Ace.
The Ace and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
Unless otherwise agreed to in writing by Ace, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
The Customer shall unconditionally ratify any actions taken by Ace under clauses 1 to 12.5.
13. Unclaimed Property
The Customer acknowledges that any property owned by the Customer that is left (or remains) in the Campervan whilst in the possession of Ace will be held for one (1) month, after which Ace shall be entitled to dispose of the property. Ace shall have the power to sell the property to recover any outstanding payment owed by the Customer.
14. Security and Charge
In consideration of Ace agreeing to supply the Campervan, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Customer indemnifies Ace from and against all Ace’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Ace’s rights under this clause.
The Customer irrevocably appoints Ace (and each director of Ace) as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.
15. Defects and Warranty
The Customer shall inspect the Campervan on delivery and shall within forty eight (48) hours notify Ace of any alleged defect, shortage in quantity, damage or failure to comply with the description or quotation. The Customer shall afford Ace an opportunity to inspect the Campervan within a reasonable time following delivery if the Customer believes the Campervan is defective in any way. If the Customer shall fail to comply with these provisions the Campervan shall be presumed to be free from any defect or damage. For any defective Campervan, which Ace has agreed in writing that the Customer is entitled to reject, Ace’s liability is limited to replacing the Campervan.
No warranty is given by Ace as to the quality or suitability of the Campervan for any purpose and any implied warranty is expressly excluded. The Customer shall indemnify and hold harmless Ace in respect of all claims arising out of the use of the Campervan.
16. Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Ace’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Customer owes Ace any money the Customer shall indemnify Ace from and against all costs and disbursements incurred by Ace in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Ace’s collection agency costs, and bank dishonour fees).
Without prejudice to any other remedies Ace may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Ace may suspend or terminate the supply of Campervan to the Customer. The Ace will not be liable to the Customer for any loss or damage the Customer suffers because Ace has exercised its rights under this clause.
Without prejudice to Ace’s other remedies at law Ace shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Ace shall, whether or not due for payment, become immediately payable if:
any money payable to Ace becomes overdue, or in Ace’s opinion the Customer will be unable to make a payment when it falls due;
the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
The Ace may cancel the Hire Agreement, or cancel delivery of the Campervan at any time before the Campervan is delivered, by giving written notice. On giving such notice Ace shall repay to the Customer any sums paid in respect of the Price. The Ace shall not be liable for any loss or damage whatever arising from such cancellation.
In the event that the Customer cancels this contract, the Customer must provide Ace written notice at least thirty (30) days prior to the commencement of the hire period. Any cancellation with notice less than the aforementioned shall deem the Customer liable to pay to Ace a cancellation fee (calculated as follows):
notice of between twenty-nine (29) and ten (10) days: the deposit shall be forfeit, and a subsequent amount which would equate the cancellation fee to fifty percent (50%) of the Price; or
notice of less than ten (10) days, or no notice at all: the deposit shall be forfeit, and a subsequent amount which would equate the cancellation fee to full Price.
18. Limitation of Liability
It is a condition of the Hire Agreement that, to the extent permitted by law, Ace shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including damages, inconvenience, loss of income/revenue, profit, goodwill or anticipated savings, or any rectification costs), or any third party claims, suffered by the Customer in connection with the hire, possession or use of the Campervan, or arising out of any act, omission, default or delay (whether negligent or not), or any breakdown of the Campervan (whether caused by fair wear and tear, lack of repair or negligence on the part of Ace, or any other reason whatsoever). Alternatively, Ace’s liability shall be limited to damages which under no circumstances shall exceed the Price.
Ace may assist the Customer with the installation of a child restraint; however, Ace shall not be liable for any loss or damage (including injury or death) incurred by the Customer (or any third party) in relation to such child restraints. It is the legal responsibility of the child’s parent or guardian to ensure that their child is properly restrained.
19. Privacy Act 1993
The Customer authorises Ace (or Ace’s agent) to:
access, collect, retain and use any information about the Customer;
(including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
for the purpose of marketing products and services to the Customer.
disclose information about the Customer, whether collected by Ace from the Customer directly or obtained by Ace from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
Where the Customer is an individual the authorities under clause 1 are authorities or consents for the purposes of the Privacy Act 1993.
The Customer shall have the right to request Ace for a copy of the information about the Customer retained by Ace and the right to request Ace to correct any incorrect information about the Customer held by Ace.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. The failure by Ace to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Ace’s right to subsequently enforce that provision.
These terms and conditions, and the Hire Agreement to which they apply, shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
The Hire Agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Ace.
The Ace may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.