‘JUCY’ means JUCY Group Ltd (owner) and the ‘Hirer' means the person or persons nominated as the hirer and any person whose credit card is presented for payment of the hirer’s charges.
‘Vehicle’ means the vehicle hired by the Hirer and includes tyres, tools, accessories, and all other equipment, documents or additional hire items related to the vehicle and any replacement or substitute vehicle that may be provided.
JUCY will let and the Hirer will accept the motor vehicle described in the Rental Agreement (the vehicle) on the terms set out in this agreement.
a) The term of hire shall commence and cease at the time and dates specified in the Rental Agreement. Campervan charges are calculated on a calendar day basis. When calculating the number of days the vehicle is rented, the day of pick-up is counted as day one of the rental, regardless of pick-up time. The day of the vehicle’s return is counted as the final day of the rental regardless of drop off time.
b) Minimum rental periods are subject to change, and any such change will be notified to the Hirer prior to booking confirmation. Once a Confirmation has been received by the Hirer, JUCY may not alter the minimum rental period for that booking.
RATES, AMENDMENTS AND CANCELLATION CONDITIONS
a) Rates and conditions quoted in our website, brochures and/or documentation are subject to change without notice. However (subject to changes in legislation or system generated errors) JUCY will not alter rates or conditions applicable to the Hirer’s rental once the Hirer’s booking has been confirmed by JUCY unless a booking is amended.
b) All amendments to a booking are subject to availability and approval by JUCY. If a reservation, Return Location, category or Vehicle type, Collection Point, Start Date or Return Date is amended prior to collection by the Hirer, the applicable rate for the Vehicle may in the absolute discretion of JUCY be re-calculated to the new rate applicable at time of amendment, the Hirer will be advised of any change in rate at the time. Rate recalculations are based on the rate at the time of reservation or the new rate at the time of amendment.
c) Should the Hirer decide to voluntarily downgrade their vehicle type from the category booked, they will not be entitled to a refund.
d) All changes to a booking, including extensions to the Return Date, are subject to availability and approval by JUCY and must be requested through JUCY’s reservations team at least 48 hours prior to the Return Date or any agreed extension thereof. In the event of any unauthorised extension to the Return Date, the Hirer shall pay the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of such amount JUCY nominates as its reasonable costs in connection with such unauthorised extension being not more than $500. In the event of any unauthorised change to the Return Location, the Hirer shall pay a relocation fee as determined by JUCY acting reasonably but in any event not in excess of $500.
PERSONS WHO MAY DRIVE THE VEHICLE
a) The Vehicle may only be hired and driven by the persons specified as an authorised driver in the Rental Agreement, and only if: they hold a current and full driver’s licence appropriate for the Vehicle in English, which must be presented to JUCY at time of collection of the Vehicle (‘Authorised Driver’). Only persons 18 years and over may be an Authorised Driver in respect of a Vehicle. If the licence of an Authorised Driver is not in English it must be accompanied by an accurate English translation of the whole licence including any conditions. The translation must be provided by an NZ Transport Agency approved translator, diplomatic representative at a high commission, embassy or consulate or authority that issued the licence. Such translation must be provided to JUCY prior to collecting the Vehicle. An international driving permit or licence issued in accordance with a UN Convention on Road Traffic may be acceptable as a translation. An International driver licence or permit must always be accompanied by an original and current driver licence.
b) Please note a NZ restricted licence and Australian Green P licence will be accepted. However if the Authorised Driver’s licence has any restrictions or conditions imposed on or in connection with that licence the Authorised Driver shall ensure that such conditions are complied with and the Authorised Driver is aware that any insurance cover and/ or Excess Reduction Cover may be voided and this Agreement may be terminated if such restrictions or conditions are not adhered to. A Learners licence or comparable will not be accepted.
c) Once the Vehicle has been collected, if any additional persons wish to drive the Vehicle, they must call into a JUCY branch to get JUCY’s prior approval and they must comply with clauses (a) and (b) above.
a) The Hirer acknowledges having received the Vehicle in a clean condition, with a full fuel tank and full bottle of gas (if applicable). The Hirer will return the Vehicle in a clean condition with a full fuel tank and a full bottle of gas (if applicable, and subject to any pre-purchase fuel and/ or pre-purchase gas option being taken), on the Return Date at the time and at the Return Point set out in the Rental Agreement.
b) The hirer must ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
c) The Hirer shall ensure that the recommended levels are maintained with respect to the water in the radiator and battery, the oil and the tyre pressures of the vehicle.
d) Smoking and/or animals are not permitted in the vehicle at any time. A cleaning fee of up to $250 may be charged.
e) The Hirer must ensure that all Authorised Drivers comply with and all Authorised Drivers are aware they are bound by this Agreement.
f) All Authorised Drivers must carry their driver’s licence with them when driving the Vehicle.
g) In the event of any damage to or accident involving the Vehicle during the Term of Hire, the Hirer must notify JUCY of the full circumstances of the damage as soon as practicable (being not more than 24 hours) from the time the Hirer has knowledge of the damage.
h) If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify JUCY as soon as practicable, and in any event within 24 hours, from the time the Hirer has knowledge of the defect or failure so as to give JUCY the opportunity to rectify the problem during the Term of Hire and ensure the problem does not escalate. JUCY does not accept liability for any claims submitted after this period.
i) The Hirer must ensure that a copy of this Agreement is kept in the Vehicle throughout the Term of Hire and produced without delay for inspection on demand by an enforcement officer.
j) The Child Restraint Law stipulates that children under 7 must be properly restrained in an approved child restraint. It is the Hirer’s responsibility to ensure the child restraint is installed correctly not JUCY’s. It is strongly recommended by Land Transport New Zealand that children should be seated in the rear of Vehicles.
k) It is the Hirer’s responsibility to be aware of and act in compliance with all the New Zealand Transport Agency rules and regulations.
l) The Hirer shall not use or permit the Vehicle to be used for the transport of passengers for hire or reward, unless the Vehicle is hired with the knowledge of JUCY for use in a passenger service licensed under Part 4A of the Transport Service Licensing Act.
m) The Hirer shall not:
(i) drive or use the Vehicle (or permit the Vehicle to be driven or used) otherwise than in a prudent and cautious manner. For the purposes of these terms and conditions, a single vehicle rollover shall be considered a breach of this clause 6(l)(i);
(ii) Sublet or hire the Vehicle to any other person;
(iii) Permit the Vehicle to be operated outside the Hirers authority;
(iv) Operate the Vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, 57AA, 57A or 58 of the Land Transport Act 1998 (“Act”).
(v) Operate the Vehicle, or permit it to be operated in any race, speed test, rally or contest;
(vi) Operate the Vehicle or permit it to be operated in breach of the Act, Transport Act 1962, Land Transport (Road User) Rule 2004 or any other Act, regulations or bylaws including New Zealand Transport Agency rules relating to road traffic;
(vii) Operate the Vehicle or permit 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;
(viii) Drive or permit the Vehicle to be driven by any other person that is not the holder of a current driver’s licence appropriate for the Vehicle; or
(ix) Use the Vehicle for the purpose of a courier or delivery service.
n) The Hirer must ensure that no persons interfere with the odometer or speedometer, or (except in an emergency) any part of the engine, transmission, and braking and/or suspension systems of the Vehicle.
o) The Hirer confirms that all information supplied by them to JUCY in connection with this Agreement is true and accurate and the Hirer will immediately notify JUCY of any change to the information.
p) The primary concern of JUCY is the well-being of the Hirer and the occupants of the Vehicle and, for safety purposes, JUCY reserves the right, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of hire period. JUCY will advise you on pick up of any travel restrictions known at that time.
q) The Hirer must ensure that snow chains are fitted correctly, so as not to cause damage to the Vehicle, person or property, when required due to the road conditions during the winter season (June-October) or on roads as advised by the relevant local authority, Transit New Zealand, NZ Police or the relevant ski resort. Vehicles driven around the Queenstown Lakes District Council area or taken on the Milford Road during the winter season should carry chains as the Hirer may be fined for not fitting them when required.
PAYMENT BY HIRER
a) ) Prior to collection of the Vehicle, the Hirer must pay JUCY in full the fees (‘Fees’), excess amount/bond (‘Bond’) and any other amounts specified in the Rental Agreement and present a credit card in the Hirer’s name that is acceptable to JUCY for payment of such amounts. Subject to the terms and conditions of this Agreement, the Hirer agrees to pay on demand any additional fees and costs that are incurred by the Hirer or are payable by JUCY in connection with the hire of the Vehicle by the Hirer including parking charges and fines, toll road charges and fines, camping charges and fines, speeding and other traffic offence fines, late return fees, relocation fees, and cleaning fees. In addition, the Hirer authorises JUCY to debit the Hirer’s credit card for those additional costs which become apparent following the Term of Hire.
b) The Hirer must pay for all petrol or diesel (but not oil) used in the vehicle during the period of the hire, except where the Hirer has a pre-purchased fuel option.
c) The following credit cards will be accepted: Visa, Mastercard & American Express. A credit card administration fee of 2% applies for the use of Visa and Mastercard and 4% applies for the use of American Express for payment and security bond purposes. The credit card administration fee will not be refunded if the Hirer cancels the booking.
d) Some banks and credit card providers may impose fees for certain transactions, including currency conversion fees. Any fees and other charges which may be changed to the Hirer or the Hirer’s bank or credit card provider will be the Hirer’s sole responsibility, and for the avoidance of doubt, are not included in any rate or sum provided by JUCY.
e) The Hirer accepts the risk of any currency exchange rate fluctuations (including in relation to refunds and return of Bonds) and accepts that JUCY has no control over any currency conversion rates or fees.
f) If a credit card is presented as payment, the credit card holder is jointly and severally liable as a Hirer. The Hirer agrees that:
(i) JUCY shall be entitled to retain the Hirer’s credit card details in accordance with the Payment Card Industry – Data Security Standard and to take any action to recover from the Hirer’s credit card all amounts due by the Hirer pursuant to this Agreement, including any amounts due in respect of damage to the Vehicle or property of a third party and all other additional charges as set out in this Agreement and as listed in clauses 3, 7, 12, 14, 15, 16, 17 and 18; and
(ii) JUCY may process credit card charges relating to the Rental Agreement up to 6 months after the Term of Hire.
a) If multiple persons are described as the Hirer in the Rental Agreement, each person is jointly and severally responsible for all fees, charges and other obligations pursuant to this Agreement.
b) Subject to clause 8(e), the Hirer is liable to JUCY for and indemnifies JUCY against:
(i) any loss of, or damage to, the Vehicle (including any accessories);
(ii) any consequential damage, loss or costs incurred by JUCY, including salvage costs, loss of ability to re-hire and loss of revenue; and
(iii) any loss of, or damage to, Vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Hirer, any Authorised Drivers, person whom the Hirer permits or allows to drive the Vehicle, invitee of the Hirer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the Hirer’s liability may be reduced to the amount of the relevant Excess Reduction Cover in respect of an incident subject to the terms and conditions of this Agreement.
c) Subject to clause 8(e), the Hirer agrees to release and indemnify JUCY from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.
d) Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to JUCY for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
e) This clause will survive termination of this Agreement.
JUCY’S LIABILITY AND OBLIGATIONS
a) JUCY shall hire the vehicle and supply any services pursuant to this agreement:
i) only on the terms and conditions expressly set out in this Agreement; and
ii) subject to non-excludable rights under consumer protection laws.
b) Except as set out in the paragraphs below, JUCY accepts its liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws.
c) As the hire of the Vehicle and any services JUCY may provide pursuant to this Agreement is provided to the Hirer for the primary purpose of personal, domestic or household use, JUCY does not accept liability to the Hirer for losses that result from the use of the Vehicle or any of JUCY’s services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, JUCY limits its liability to resupplying, repairing or replacing the Vehicle or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.
d) JUCY is not liable for any loss to the extent that it is caused by the Hirer (for example, through the Hirer’s negligence or breach of contract and/or the occurrence of any of the events in clause 'Exclusions').
e) JUCY is not liable for any loss to the extent that it results from the Hirer’s failure to take reasonable steps to avoid or minimise the Hirer’s loss.
f) JUCY is not liable for any loss caused by JUCY failing to comply with its obligations in relation to the hire of the Vehicle or provision of any services where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).
g) The liability JUCY accepts to the Hirer under this clause includes liability for our agents according to the principles of vicarious liability at common law.
h) This clause will survive termination of this Agreement.
ADDITIONAL HIRE COSTS
a) Additional drivers are $2 per day per driver. Maximum $50.
b) Subject to approval by JUCY, one-way rentals are available between all branch locations. A one-way fee may apply and will be quoted at the time of booking.
c) Baby seats can be requested at the time of reservation at a cost of $40 each. Roof racks and snow chains can also be requested at the time of reservation at a cost of $40 each per rental. All items are subject to availability.
d) When returning Vehicles after hours please note that Vehicles must be returned to the branches, not the airport terminal car parks. The Vehicle also remains the responsibility of the Hirer until such time as JUCY takes back possession of the Vehicle during standard operational hours.
e) A $12 premium location fee applies for all bookings collecting from Auckland Airport, Wellington and Christchurch Airport and $17 from Queenstown Airport.
f) An additional location fee of $95 applies to all Casa’s 4/6 picking up or dropping off in Queenstown. If the pick up and drop off occurs in the same city, only one location fee will apply. This is in addition to the one-way fee if applicable.
g) A Diesel Road User Tax applies to all diesel vehicles in New Zealand. The tax will be calculated and charged upon return of the vehicle hire based on the kilometres travelled during the hire. The cost can be obtained from the Reservations or branch team members. The owner reserves the right to amend the Diesel Road User Tax upon Government intervention.
h) After Hours pickups are available on request only. Fees may apply for After Hours pickups at Auckland Airport, Christchurch, Wellington and Dunedin Airport. At Auckland Airport the Hirer is responsible for airport car parking costs. For all After Hours pickups a Rental Agreement (including copies of all drivers’ licences) must be completed and returned to JUCY at least 48 hours prior to travel.
i) GPS - (SATELLITE NAVIGATION UNIT)
•The Hirer is liable for misplacing or damaging the GPS unit, mount, charger and carry case to a maximum charge of $700.
•JUCY is not responsible for any harm, damage, loss or misadventure that occurs as a result of the use or misuse of the GPS unit.
•The Hirer agrees to follow all safety and usage guidelines provided by the GPS manufacturer and JUCY.
TOLL NOTICES & INFRINGEMENT FEES
a) The Hirer is liable for all infringement offences committed during the period of hire, including but not limited to, any fines or charges for traffic offences e.g. speeding offences, a failure to comply with directions given by a traffic signal, toll offences, parking offences and freedom camping offences.
b) In the event that JUCY receives notice of an infringement and/or fine, JUCY may either (at its discretion):
(i) transfer that infringement and/or fine into the Hirer’s name and charge the Hirer an administration fee for each infringement incurred of $60 for costs associated with the process; or
(ii) Debit the Hirer’s credit card for the amount of the infringement and/ or fine and charge the Hirer an administration fee for each infringement or fine processed at a rate of $60 per infringement or fine being in respect of costs associated with the process.
c) The Hirer is hereby notified that, if JUCY (itself or by its appointed subcontractor) proposes to debit the Hirer’s credit card for an infringement and/or fine:
(i) JUCY will send (or have sent) to the Hirer, including by email to the address set out in the Rental Agreement, a copy of the relevant infringement or fine notice and any reminder notice as soon as practicable after it is received by JUCY;
(ii) The Hirer may have the right to challenge, query or object to the alleged offence to the authority that issues the infringement notice or a court (details of the relevant process should be provided on any infringement notice or fine);
(iii) The Hirer may have the right to seek a court hearing (within such time as specified on the notice of infringement or fine); and
(iv) The Hirer has the right to dispute the matter with the credit card issuer.
MECHANICAL REPAIRS, ACCIDENTS and EQUIPMENT FAILURE
a) Any mechanical repairs, accidents and equipment failure associated with the vehicle must be reported to JUCY as soon as possible and within 24 hours in order to give JUCY the opportunity to rectify the problem during the rental period.
b) JUCY does not accept liability for any claims submitted after this period.
c) All vehicles are registered with the Automobile Association (AA) for 24 hour roadside assistance. This service covers all Mechanical and Non-Mechanical breakdowns. All Mechanical breakdowns are covered by JUCY relevant Roadside Assistance program and include the following;
• Engine faults
• Electrical faults
• Cooling system
• Vehicle recovery
All Non-Mechanical breakdowns are subject to the relevant call out fees charged by the AA to the Hirer and include but are not limited to the following;
• Out of fuel / incorrect fuelling of the vehicle.
• Wheels and tyres.
• Keys being lost or locked inside the vehicle.
• Flat batteries.
• A breakdown as a result of damage caused in an accident, including salvage.
PHONE AA Toll-Free 0800 734 543
The AA service operates 24 hours, however for mechanical repairs outside office hours (including weekends and public holidays), some delays may occur.
d) In the event of an accident the Hirer must:
(i) Notify JUCY of the full circumstances as soon as practical within 24 hours;
(ii) Notify the appropriate NZ Emergency Service (Police, Ambulance, Fire) by calling '111' if the accident involves injury;
(iii) Record full details of all parties, witnesses to and vehicles involved in the accident;
(iv) prepare a written statement of the facts signed by all parties; and
(v) obtain a copy of the Police report.
e) In the event of an accident the Hirer shall not:
(i) Make any admission of liability; or
(ii) Arrange or undertake any repairs or salvage without JUCY’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
f) The availability of a replacement vehicle is not guaranteed; provision is subject to availability, Hirer’s location, accident liability and remaining hire duration.
g) Additional Hirer charges may be incurred including as follows:
(i) If a replacement vehicle is required as a result of an accident, the Hirer is responsible for making their own way to the nearest JUCY branch or pickup location.
(ii) the Hirer is responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location.
(iii) The Hirer will pay for any costs relating to delivery of a replacement vehicle as a result of any vehicle accident. This charge applies irrespective of any insurance option taken.
(iv) In the event that a replacement vehicle is given due to an accident, any excess reduction option taken is not transferable to the replacement vehicle.
h) Without limiting any other provision of this Agreement in the event of an accident, breakdown or equipment failure occurring and a replacement vehicle is not available or accessible, JUCY will not be liable for any resulting accommodation or living expenses that are incurred, nor personal expenses for missed activities unless such accident, breakdown or equipment failure has been caused by or contributed to by a breach of this Agreement by or the negligent act, error or omission of JUCY.
i) Any mechanical or towing expenses required for the vehicle must be authorised by JUCY prior to the repairs or towing taking place or permitted in accordance with this clause, otherwise, JUCY reservs the right to hold the Hirer libble for ssch costs.
j) No replacement Vehicle will be provided without receipt of a completed damage claim form where one is required by JUCY. An additional Damage Administration fee of $75 will be applied for processing each damage claim. This fee applies to all damage claims regardless of whether the Hirer elects to use JUCY Excess Reduction Cover or has made their own travel insurance arrangements.
k) If any compensation is approved by JUCY due to an accident, breakdown or equipment failure, JUCY by agreement may compensate the Hirer the proportionate daily rental rate for the period during which the Vehicle could not be used for its intended purpose. Please note that daily Excess Reduction Cover costs will not be included in any compensation.
RETURN OF THE VEHICLE
a) The Hirer shall at or before the expiry of the term of hire, deliver the vehicle (including vehicle keys) to the branch as detailed in the Rental Agreement, or obtain JUCY consent to the amendment or continuation of the hire. (Note: No refund is available to the Hirer if the vehicle is returned earlier than stated in the Rental Agreement).
b) In the event of any unauthorised extension to the Return Date, JUCY reserves the right to charge the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of up to $500. In the event of any unauthorised change to the Return Location, JUCY reserves the right to charge an additional relocation fee of up to $500.
c) The vehicle is to be returned in a clean and tidy condition; if not, a $250 cleaning fee may apply.
d) A fee of $500 will be charged for failure to empty the grey water or toilet cassette (if applicable).
e) The vehicle must be returned with a full tank of fuel (except where the Hirer has a pre-purchased fuel option) and full LPG bottles; if it is not filled with fuel a $20 administration fee will apply in addition to the cost of the fuel.
BREACH OF CONTRACT / TERMINATION
The Hirer agrees that JUCY shall have the right to refuse any rental and/or terminate the hire and take immediate possession of the vehicle, without notification to the Hirer if:
(i) the Hirer fails to comply with any terms and conditions of this agreement, particulary clause 'HIRER'S OBLIGATIONS'
(ii) the Hirer has obtained the vehicle through fraud or misrepresentaion;
(iii) if the vehicle is damaged; or
(iv) in the reasonable opinion of JUCY and/or the NZ Police the Authorised Driver(s) do not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk.
In such event the Hirer will: (a) not be entitled to a refund of part of the rental charges; and (b) be responsible for the payment of any towing costs to return the Vehicle to the Return Location plus a fee to cover the reasonable costs of JUCY in arranging the return of the Vehicle up to a maximum of $100.
The termination of the hire under this clause shall be without prejudice to the other rights of JUCY or the Hirer under this Agreement or otherwise at law.
a) The following terms have their respective meanings in the Personal Property Securities Act 1999 (‘PPSR’) – financing statement, interested person, register, proceeds, security agreement and security interest.
b) The Hirer acknowledges that:
(i) by hiring the Vehicle from JUCY, the Hirer has a security interest in the Vehicle (and any proceeds) and that this Agreement may constitute a security agreement;
(ii) any security interest arising under this Agreement attaches to the Vehicle when the Hirer obtains possession of the Vehicle and not at any other time; and
(iii) JUCY may perfect its security interest by lodging a financing statement on the PPSA register.
c) JUCY does not need to give you any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
d) You must do anything reasonably required by JUCY to enable JUCY to register its security interest, with the priority it requires, and to maintain the registration.
a) The Hirer acknowledges that JUCY retains title to the Vehicle at all times. The Hirer must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with the possession of the Vehicle.
b) Except as expressly set out in this Agreement and the Consumer Guarantees Act 1993, JUCY makes no warranties or other representations with respect to the Vehicle or services provided, and any implied warranties or representations are excluded.
c) All charges and expenses payable by the Hirer under this Agreement are due on demand by JUCY including any collection costs and reasonable legal fees incurred by JUCY.
d) The Hirer must not assign, transfer or novate this Agreement or any rights or obligations under this Agreement, without the prior written consent of JUCY. The Hirer authorises JUCY to sub-contract the provision of any of the services under this Agreement as JUCY may require in its absolute discretion from time to time and at any time.
e) If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
f) This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, oral representations, warranties or agreement between the parties relating to the subject matter of this Agreement that have been relied on by the Hirer and JUCY will have no liability to the Hirer under sections 9, 12A, 13 or 14(1) of the Fair Trading Act 1986 if the Hirer hires the Vehicle in trade.
g) To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
h) In this Agreement, including and includes are not words of limitation.
i) The Agreement does not create a relationship of principal and agent, joint venture, partnership or fiduciary relationship between the parties.
j) All references to “$” in this Agreement are to New Zealand dollars and include GST.
k) This Agreement is governed by New Zealand law.
JUCY may collect information about the Hirer in connection with the performance of this Agreement. JUCY may not be able to perform this Agreement if all the information requested is not provided. Information collected and held about the Hirer may be used by JUCY in connection with the performance of this Agreement. JUCY may disclose such information to its related bodies corporate and contractors for the purposes of performing this Agreement. Your personal information may be disclosed to overseas recipients. JUCY, its related bodies corporate and associated entities conduct operations in the United States of America, the United Kingdom and Australia. Your personal information may be sent to such entities and/or stored on servers in such countries. Such information will be stored in accordance with applicable privacy policies and procedures. Under the Privacy Act 1993, individuals have rights of access to, and correction of, their personal information. JUCY will comply with the Privacy Act 1993 and any applicable regulations and codes in connection with the collection and use of such information.
a) If you have a complaint about your JUCY experience or if you have any feedback, our staff at the branch will use reasonable endeavours to rectify the error or resolve the issue.
b) If your concerns are not resolved to your satisfaction you may make a complaint to JUCY at one of our branches, over the telephone, by email or by post. JUCY will then refer the matter to our internal complaint handling process.
c) Upon receipt of a Hirer’s complaint, JUCY will acknowledge receipt of the complaint. JUCY will try to resolve a Hirer’s complaint at the time it is raised. However, if JUCY needs to investigate a Hirer’s complaint further, JUCY will investigate the matter and will aim to resolve the complaint or inform the Hirer what it is doing to resolve the complaint within 14 days of receipt of the complaint.
d) The time JUCY spends investigating a complaint is determined by its seriousness and complexity. JUCY is committed to resolving all complaints within 14 days of receipt of the complaint.
e) Once JUCY has resolved any complaint with the Hirer, JUCY will aim to finish all steps to deliver that resolution within 14 days. JUCY will only implement a resolution once it has been accepted by the Hirer.
f) If JUCY is not able to resolve a complaint within the timeframes set out above, JUCY will contact the Hirer and explain the reason for the delay and give the Hirer a new timeframe for resolution.
g) If the Hirer is not happy with how the Hirer’s complaint has been resolved, the Hirer has a number of options. JUCY may escalate the complaint and review the resolution the Hirer was offered. This may involve an escalation to the next level of management. There may be external dispute resolution options available to the Hirer and you may refer consumer law issues to New Zealand Consumer Affairs.
h) Complaints may be made and the progress of a complaint may be checked by contacting JUCY by any of the following means:
(i) by email: firstname.lastname@example.org
(ii) by post: Feedback, JUCY Rentals , PO Box 68199, Newton, Auckland 1145
(iii) by telephone: 0800 399 736 (toll free) or +64 9 929 2462