These Hire Terms, together with any Hire Form provided to a Customer, set out the agreement (this Agreement) under the terms of which the Customer or the company which the Customer represents (the Customer, you, your) will rent the Campervan from Sweet As Campervans (Sweet As Campervans, us, our).

HIRE FORM, THIS AGREEMENT

These Hire Terms will apply to all the Customer’s dealings with Sweet As Campervans, including being incorporated in all agreements, quotations or orders under which Sweet As Campervans is to rent a Campervan to the Customer (each a ‘Hire Form’) together with any additional terms included in a such Hire Form (provided such additional terms are recorded in writing).

The Customer will be taken to have accepted this Agreement if:

the Customer accepts a Hire Form; or

if the Customer orders, accepts or pays for any Campervan provided by Sweet As Campervans after receiving or becoming aware of this Agreement.

By accepting this Agreement, the Customer acknowledges and warrants that: the Customer has read, understood and agree to these Hire Terms; and

the Customer:

has a valid driver’s licence of a licence class that permits the Customer to drive the Campervan;

will provide copies of the Customer’s valid driver’s licence/s to Sweet As Campervans before renting any Campervan; and

has the legal capacity to enter into this Agreement.

In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except for any terms in the ‘Special Conditions’ within a Hire Form, which will prevail over the Hire Terms to the extent of any inconsistency.

HIRE

Sweet As Campervans rents to the Customer and the Customer accepts from Sweet As Campervans the Hire of the Campervan upon and subject to the provisions of this Agreement.

Sweet As Campervans rents the Campervan to the Customer on the terms of this Agreement in consideration for the Customer’s acceptance of the terms of this Agreement, including the Customer’s agreement to pay any fees that become payable under this Agreement.

PRE-HIRE

The Customer warrants that they (and any Additional Driver): 

have read and understood any instructional materials or completed an induction session provided by Sweet As Campervans;

have experience in and are competent at operating Campervans which are similar to the Campervan; understand the limitations of the Campervan and will not use the Campervan in a way which exceeds those limitations in any way (including any specific Campervan Limitations); and

ensure that any person collecting or taking delivery of the Campervan on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.

PAYMENT

1.1. FEES

The Customer must pay the Fees to Sweet As Campervans, in the amounts and at the times set out in the Hire Form or as otherwise agreed in writing.

1.2. TIME FOR PAYMENT

Unless otherwise agreed in writing, if Sweet As Campervans issues an invoice to the Customer for any Fee, payment must be made by the time(s) specified in such invoice or, if no time is specified in the invoice, within 7 days’ of receipt of the invoice.

1.3. PAYMENT METHOD

The Customer must pay Fees using the fee payment method specified in the Hire Form.

1.4. ONLINE PAYMENT PARTNER

Sweet As Campervans may process payments using an online payment partner (Online Payment Partner). In addition to this Agreement, the Customer’s hire of the Campervan will be subject to the terms and the privacy policy of the Online Payment Partner, including any ‘no refunds’ or ‘disputes’ policies, available on the Online Payment Partner’s website.

1.5. GST

Unless otherwise indicated, amounts stated in a Hire Form do not include goods and services tax (GST). In relation to any GST payable for a taxable supply by Sweet As Campervans, the Customer must pay the GST subject to Sweet As Campervans providing a tax invoice.

1.6. CARD SURCHARGES

Sweet As Campervans reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

1.7. CREDIT CARD STORAGE

The Customer authorises Sweet As Campervans to store the Customer’s credit card details for use at a later date if required in relation to any additional charges set out in this Agreement or loss or damage to the Campervan caused or contributed to by the Customer.

CAMPERVAN USE

1.8. PICK-UP AND RETURN

(a) Sweet As Campervans will leave the Campervan at the Pick Up Address on the Start Date;

(b) Subject to clause 16, the Customer must, before the Return Time on the Return Date, return the Campervan to Sweet As Campervans at the Return Address in the same condition as it was in on the Start Date.

(c) For the purposes of this clause, ‘same condition’ means the same state (excluding ordinary wear and tear) and complete with all the tools, tyres, accessories and in the same state of cleanliness as the Campervan was on Start Date.

(d) If the Customer does not return the Campervan to the Return Address before the Return Time on the Return Date, the Customer must promptly pay the Late Charge for each 24 hour period (and each partial 24 hour period) after the Return Date during which the Campervan has not been returned to Sweet As Campervans.

1.9. CAMPERVAN INSPECTION REPORT

(a) On pick up of the Campervan, Sweet As Campervans will inspect the Campervan and note any existing damage to the Campervan on the Campervan Inspection Report. The Customer will then have an opportunity to inspect the Campervan and will be provided with the Campervan Inspection Report to review. The Customer may note any other existing damage to the Campervan before signing the Campervan Inspection Report.

(b) By signing the Campervan Inspection Report, the Customer acknowledges and agrees that:

(i) the Customer has inspected the Campervan prior to first using the Campervan;

(ii) all scratches, scuffs and any other marks or damage to the Campervan recorded on the images on the Campervan Inspection Report are correct and complete;

(iii) any images on the Campervan Inspection Report are a guide only and may not be a true representation of the Campervan but the marks or damage to the Campervan recorded on the images do nevertheless, correctly and completely reflect the marks or damage to the Campervan; and

(iv) the Campervan is rented out to the Customer in the condition as set out in the Campervan Inspection Report.

(c) Sweet As Campervans will inspect the Campervan as soon as it has been returned. If, the Campervan has any scratches, scuffs or any other marks or damage not recorded on the Campervan Inspection Report (fair wear and tear excepted) (New Damage), Sweet As Campervans will provide:

(i) notice of the New Damage to the Customer;

(ii) a photo of the New Damage to the Customer; and

(iii) an itemised estimate of the cost of repairing the New Damage.

(d) The Customer is liable for and agrees to pay for the cost to repair the New Damage.

1.10. USE

(a) The Customer must ensure that the Campervan is only used:

(i) in a proper and skillful manner, by either the Customer or an Additional Driver;

(ii) to transport materials or loads which will not damage the Campervan;

(iii) in accordance with the Campervan manufacturer’s requirements, recommendations and any applicable instruction manuals; and

(iv) in accordance with all Laws, rules and regulations applicable to the Campervan and its use.

(b) The Customer must not, and must not allow any third party to:

(i) drive the Campervan, if the driver is not the holder of a valid driver licence;

(i) use the Campervan for any dangerous or illegal purpose, offroading activities, contest or performance test;

(ii) use the Campervan in any way which exceeds the Campervan Limitations;

(iii) allow any person except the Customer and, if applicable, any Additional Drivers to drive the Campervan;

(iv) drive, or allow the Campervan to be driven, while the driver is under the influence of alcohol or drugs;

(v) use the Campervan, or allow the Campervan to be used, when it is damaged or unsafe;

(vi) drive the Campervan on any beaches or areas with sand or any unsealed roads, with the exception of access roads made of gravel, if they are no longer than 50 metres in length and if the speed of the Campervan on such roads does not exceed 10 kilometres per hour;

(vii) use the Campervan, or allow it to be used, to carry passengers for payment of any kind;

(viii) make any alterations to the Campervan;

(ix) affix or install any accessories, equipment or device on or to the Campervan without Sweet As Campervans’ prior written consent; or

(x) sub-hire the Campervan.

(c) The Customer must:

(i) keep any records in relation to the use of the Campervan reasonably required by Sweet As Campervans, as notified to the Customer from time to time; and

(ii) when the Campervan is unattended, keep it locked and keep the keys under the Customer’s, or if applicable, the Additional Driver’s control at all times.

CLEANLINESS

(a) The Customer acknowledges that the Campervan is rented out to the Customer in a clean condition. The Customer must return the Campervan in the same state of cleanliness (inside and out) it was in on the Start Date which includes emptying the grey water waste tank and emptying and cleaning the toilet (Clean). If the Campervan is not Clean upon return, a cleaning fee will apply as set out in the Hire Form or otherwise provided to the Customer by Sweet As Campervans (Cleaning Fee).

(b) The Cleaning Fee charged to the Customer will be Sweet As Campervans’ reasonable costs of ensuring the returned Campervan is Clean, as reasonably determined by Sweet As Campervans and which may exceed Flat Cleaning Fees.

(c) Without limiting any other clause in this Agreement, if the returned Campervan is not Clean, Sweet As Campervans may charge the Customer one of the Flat Cleaning Fees, being:

(i) if the Campervan requires a standard clean (e.g. if there is excessive dirt in the Campervan), the Standard Cleaning Fee; and

(ii) if the Campervan requires extensive cleaning or detailing (e.g. if there are stains on upholstery), the Extensive Cleaning Fee.

(d) The Customer is responsible for removing all personal items and/or food from the Campervan prior to returning it. Sweet As Campervans has no responsibility for any personal items that are in the Campervan upon return.

1.12. FUEL

The Customer must:

(a) ensure that the Campervan has a full tank of fuel when it is returned to Sweet As Campervans, unless specified otherwise in the Hire Form;

(b) only fill the Campervan with fuel of a type that meets the Campervan’s specifications; and

(c) promptly pay to Sweet As Campervans the costs of refueling the Campervan, at the Fuel Refill Rate for each litre of fuel required to refill the Campervan’s tank, if the Customer fails to comply with clause 5.5(a) at the Fuel Refill Rate.

1.13. DRIVERS

The Customer agrees:

(a) to ensure that any driver of the Campervan will at all times be qualified and appropriately trained and licenced to drive the Campervan; and

(b) that they are responsible for the acts and omissions of any other person they allow to drive the Campervan.

1.14. LICENCE

The Customer warrants that:

(a) they have a full New Zealand driver’s licence, and each Additional Driver has a full New Zealand licence (not a learner or restricted driver licence, or overseas licence); and

(b) no person may use the Campervan without a full New Zealand driver’s licence unless they have a valid international drivers licence, without express written permission from Sweet As Campervans.

FAULTY CAMPERVAN

If the Campervan is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), or otherwise while in the possession of the Customer or any Additional Driver, then the Customer must:

the Customer must immediately notify us of the Breakdown;

the Customer must not attempt to use or repair the Campervan; and

after we receive the Customer’s notification, we may arrange for the Campervan to be towed to the closest repair centre or contact roadside assistance.

If the Breakdown was not caused or contributed to by a breach of this agreement, or otherwise caused or contributed to by the Customer, or any Additional Driver, then:

if repairs cannot be completed within a reasonable time, we will endeavour to replace the Customer’s Campervan with a similar model and, if such a replacement is not possible, we will provide the Customer with a refund to the value of the remainder of the Hire Term; and any refund under this clause is not an admittance of fault by Sweet As Campervans.

ACCIDENTS

If the Campervan is involved in a road accident or claim during the Hire Term, or if damage or loss is sustained to the Campervan or the property of any third party in connection with the Campervan, the Customer must:

promptly report the incident to the local police (if required by Law);

promptly report the incident in writing to Sweet As Campervans;

not, without Sweet As Campervans’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by Law;

permit Sweet As Campervans or an insurer to bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and provide to Sweet As Campervans, within a reasonable time, any statement, information or assistance which Sweet As Campervans or an insurer requests, including by attending a lawyer’s office or a court to give evidence.

LOSS, DAMAGE AND PERSONAL INJURY

The Customer will be fully responsible to Sweet As Campervans for:

any loss or damage to the Campervan during the Hire Term, or otherwise when the Campervan is in the Customer’s or an Additional Driver’s possession, notwithstanding whether the loss or damage was the Customer’s/Additional Driver’s fault, and must give reasonable notice to Sweet As Campervans in writing of any such loss or damage; all reasonable costs incurred by Sweet As Campervans in recovering the all personal injury or damage to the property of any person or any other Campervan which is caused or contributed to by the Campervan during the Hire Term, or otherwise when the Campervan is in the Customer’s or an Additional Driver’s possession.

INSURANCE

EXCESSES
Standard Section One Excess $1,500 applies whilst the vehicle is on hire
Theft by hirer or non-return by hirer excluded
No cover for windscreens
ADDITIONAL EXCESSES (on top of standard $1,500 excess)
Where driver is under 21 yrs of age - $1,000
Where driver is 21 to 25 yrs of age - $500
Additional excess where driver is 25 yrs or age and over, and has held a licence to drive in NZ for less
than 12 months - $500

Sweet As Campervans reserves the right to apply any insurance policy it does hold in respect of the Campervan during the Hire Term, to damage or loss caused or contributed to by the Customer, however Sweet As Campervans is under no obligation to. If Sweet As Campervans chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable by Sweet As Campervans in respect of such a claim.

Subject to any insurance policy of Sweet As Campervans that covers the Customer, which Sweet As Campervans has indicated it will claim against to cover the Customer, if the Campervan is damaged, destroyed, abandoned, or stolen during the Hire Term, or otherwise while the Campervan is in the Customer’s or an Additional Driver’s possession, the Customer must compensate Sweet As Campervans for any costs of recovery, repair or replacement of the Campervan.

1. SECURITY DEPOSIT AND CREDIT CARD AUTHORISATION

1.1. SECURITY DEPOSIT

(a) We require the payment of 20% of the total amount , to cover any fees, damage or issues with the Campervan (Security Deposit).

(b) We may waive our right to charge the Customer a Security Deposit and instead charge additional fees in addition to any rates or daily rates applicable if the Customer does not pay a Security Deposit.

(c) Upon return of the Campervan, we may claim the Security Deposit against any amount owed by the Customer to us under this Agreement.

(d) We will hold the Security Deposit for a reasonable period of time after the return of the Campervan, until we are reasonably satisfied that there have not been any infringements, tolls or other costs incurred by the Customer in relation to the Campervan (Holding Period). If, after the Holding Period, the Customer does not owe any amounts to Sweet As Campervans, or if the owing amounts have been claimed from the Security Deposit and there is a remaining amount, then the relevant remaining amount will be paid back to the Customer’s original payment method.

(e) For the purposes of this clause 10, any reference to the Customer includes an Additional Driver and any person the Customer or the Additional Driver allow to drive the Campervan.

1.2. CREDIT CARD AUTHORISATION

(a) The Customer authorises Sweet As Campervans:

(i) to keep the credit card details they provide as part of paying the Security Deposit (Credit Card) on file; and

(ii) to use the Credit Card to recoup any amounts owed to Sweet As Campervans within a reasonable time after the return of the Campervan, to the extent those amounts exceed the Security Deposit.

(b) The Customer authorises and requests that Sweet As Campervans debits payments from the Credit Card in accordance with this clause 10.

(c) The Customer must ensure that the Credit Card has at all times available capacity to be charged any amount potentially payable under this Agreement.

DAILY MAINTENANCE

The Customer acknowledges and agrees that the Customer is responsible for the performance and cost of daily maintenance and care of the Campervan, including daily checking of all fluids, oil, water, battery levels (if applicable)), except where specifically agreed otherwise.

The Customer is required to regularly check the Campervan for any defects in its operations or safety during the course of its use.

ADDITIONAL CHARGES – FINES AND TOLLS

The Customer acknowledges and agrees that:

they will be responsible for the costs of all tolls, infringement notices and fines (e.g. tolls, parking tickets, towing fines) and any other additional charges incurred in relation to the Campervan during the Hire Term, or otherwise when it is in the Customer’s or an Additional Driver’s possession (Third Party Charges); and

if any Third Party Charge is incurred by Sweet As Campervans, then Sweet As Campervans will charge the Customer:

an amount equal to that Third Party Charge; and an administration fee as set out in the Hire Form, or as otherwise notified to the Customer, for the administration cost of receiving, verifying and handling the Third Party Charge.

PERSONAL PROPERTY

Sweet As Campervans is not liable to any person for any loss of, or damage to, personal property that is left in the Campervan after its return to Sweet As Campervans or stolen from the Campervan or otherwise lost or damaged during the Hire Term.

OWNERSHIP, POSSESSION AND TITLE

1.15. OWNERSHIP

(a) The Campervan is, and will at all times be and remain, the property of Sweet As Campervans, notwithstanding delivery of the Campervan to the Customer / Additional Driver(s) or the possession and use of the Campervan by the Customer / Additional Driver(s).

(b) The Customer and any Additional Driver(s) will not have any right, title or interest in or to the Campervan except as expressly set out in this Agreement.

(c) Sweet As Campervans reserves the right to fit all Campervans with a GPS or other similar tracking device in order to locate the Campervan at all times.

1.16. POSSESSION

The Customer must not (and must ensure any other user of the Campervan does not), without Sweet As Campervans’ prior written consent, part with possession of the Campervan during the Hire Term.

1.17. ENCUMBRANCES

The Customer must not allow any Security Interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Campervan, including a repairer’s lien, except if:

(a) a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Sweet As Campervans’ option, Sweet As Campervans may remove or satisfy the lien at the Customer’s cost; and

(b) a Security Interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Campervan will be free of the lien or charge.

1. PERSONAL PROPERTY SECURITIES

(a) The Customer acknowledges and agrees that:

(i) Sweet As Campervans may register any security interest it has in connection with this Agreement (including any security interest over the Campervan arising out of the application of the PPSA to this Agreement) on the PPS Register; and

(ii) if requested by Sweet As Campervans, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Sweet As Campervans to ensure that any security interest created is perfected and to enable Sweet As Campervans to gain first priority for its security interest.

(b) The Customer agrees that sections 114(1)(a), 133 and 134 of the PPSA will not apply to this Agreement;

(c) The Customer agrees to waive:

(i) its rights under sections 121, 125, 129, 131 and 132 of the PPSA; and

(ii) its right to receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.

(d) In this clause:

(i) “PPSA” means the Personal Property Securities Act 1999 and its regulations as amended and in force from time to time;

(ii) “PPS Register” means the Personal Property Securities Register established under the PPSA; and

(iii) a term used in this clause is taken to have the meaning defined under the PPSA.

EARLY RETURN

Notwithstanding any other clause in this Agreement, Sweet As Campervans may demand the early return of the Campervan to the Return Address, or retake possession of the Campervan, if Sweet As Campervans reasonably suspects that:

damage to the Campervan or injury to any person in connection with the Campervan is reasonably likely;

the Campervan may be used for an unlawful purpose; or

if the agreement is terminated in accordance with clause 20.

If the Customer elects to return the Campervan to the Return Address, or otherwise Sweet As Campervans, before the Return Date, the Customer will not be entitled to any compensation or refund unless expressly agreed between the parties.

RISK, LIABILITY AND INDEMNITIES

1.18. RISK

(a) The Customer will bear all risk of loss or destruction of, or damage to, the Campervan during the Hire Term, or otherwise when the Campervan is in the Customer’s possession.

(b) The Customer assumes all risks and liability for the Campervan and for its use, operation, daily maintenance, repair and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, operation, maintenance, repair or storage.

1.19. LIABILITY

To the maximum extent permitted by applicable law, Sweet As Campervans’ liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this agreement:

(a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and

(b) is limited, insofar as it concerns other liability, to the total Fees paid to Sweet As Campervans under this agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

1.20. INDEMNITY

The Customer indemnifies Sweet As Campervans from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

(a) the casual maintenance, use, storage or operation of the Campervan during the Hire Term or otherwise when the Campervan is in the Customer’s, or any Additional Driver’s, possession;

(b) injuries to or deaths of persons and damage to property in connection with the Campervan during the Hire Term or otherwise when the Campervan is in the Customer’s, or any Additional Driver’s, possession;

(c) any breach of this Agreement by the Customer or any Additional Driver; or

(d) any negligent, fraudulent or criminal act or omission of the Customer, Additional Driver or any other person who the Customer allows to use the Campervan.

WARRANTIES

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

Nothing in this agreement is intended to limit the operation of the Consumer Guarantees Act 1993 (Consumer Guarantees). Under the Consumer Guarantees, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

1. CONSUMER GUARANTEES ACT

If the Customer is acquiring or holding itself out as hiring the Campervan under this Agreement for business purposes, then the Consumer Guarantees Act 1993 will not apply.

TERMINATION

1.21. TERMINATION BY SWEET AS CAMPERVANS

Sweet As Campervans may terminate this Agreement in whole or in part immediately by written notice to the Customer if the Customer is in breach of any term of this Agreement.

1.22. TERMINATION BY THE CUSTOMER

(a) The Customer may terminate this Agreement in whole or in part by written notice to Sweet As Campervans.

(b) If the notice under clause 20.2 is:

(i) 2 weeks or more prior to the Start Date, Sweet As Campervans will provide the Customer with a full refund of the Booking Deposit paid; or

(ii) Less than 2 weeks prior to the Start Date, Sweet As Campervans will provide the Customer with a full refund of the Booking Deposit paid, minus a 50% cancellation fee; or

(iii) after the Start Date, the Customer will not be entitled to any refund unless the Campervan is not of an acceptable quality in accordance with the Consumer Guarantees Act 1993.

1.23. EFFECT OF TERMINATION

Upon termination of this Agreement, the Customer must promptly:

(a) pay any payments required by Sweet As Campervans in respect of the period of the Hire Term prior to the date of termination; and

(b) subject to any contrary direction in writing given by Sweet As Campervans, deliver the Campervan and any other goods included in a Hire Form to the Return Address.

1.24. SURVIVAL

Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.

GENERAL

1.25. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New Zealand. Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1.26. BUSINESS DAYS

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

1.27. AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

1.28. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1.29. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

1.30. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1.31. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

1.32. COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

1.33. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

1.34. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

DEFINITIONS

In addition to capitalised terms defined in the Hire Form, capitalised terms used in this Agreement will have the following meanings:

Term     Meaning

Additional Driver - means a person described as such in a Hire Form who is expressly approved by Sweet As Campervans to drive the Campervan and who must at all times be the holder of a valid driver’s licence of a licence class that permits the person to drive the Campervan.

Business Day - means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in New Zealand.

Customer, you, your - means a person described as such in a Hire Form.

Fees - has the meaning set out in the Hire Form.

Hire Form - has the meaning set out in clause 1(a) of these Hire Terms.

Hire Term - means the period of Campervan Hire, from the Start Date, set out in the Hire Form.

Late Charge -  means (a) the amount set out in the Hire Form including GST if the Campervan is returned after the Return Time on the Return Date; or (b) the amount set out in the Hire Form including GST per day if the Campervan is returned after the Return Date.

Laws - means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Campervan is used and includes any industry codes of conduct.

PPSA - means the Personal Property Securities Act 1999 and PPS

Register - means the register established and maintained under that Act.

Return Address - means the return address set out in the Hire Form.

Return Date - has the meaning set out in the Hire Form.

Security Interest - has the meaning given to it in the PPSA.

Start Date - has the meaning set out in the Hire Form.

Campervan - means the Campervan specified in a Hire Form.

Campervan Inspection Report - means the Campervan inspection report provided to the Customer upon pick up of the Campervan.

INTERPRETATION

In this Agreement, the following rules of interpretation apply:

(singular and plural) words in the singular includes the plural (and vice versa);

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation;

(adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision; and

(currency) a reference to $, or “dollar”, is to New Zealand currency, unless otherwise agreed in writing.