Apex New Zealand Rental Terms and Conditions

WHAT IS THE RENTAL AGREEMENT?

The Rental Agreement between Apex and You (Rental Agreement) is made on the date shown on the Rental Document in respect of the Vehicle and is made up of that Rental Document and these Terms and Conditions. It sets out our responsibilities to You and Your responsibilities to Apex when renting a vehicle and any optional extras.

Who is the Rental Agreement with?

The Rental Agreement is between You and the Vehicle rental provider named on the Rental Document.

Depending on where and how You booked, Your booking agreement may have been with another party. They will have given Apex Your details so that Apex can provide You with a rental.

When does the Rental Agreement become legally binding?

The Rental Agreement will become legally binding when You sign the Rental Document when picking up the Vehicle from the Apex.

If Your Apex Loyalty customer membership terms allow, You may be able to collect Your Vehicle without having to sign a Rental Document. If this applies to You, the Rental Agreement will become legally binding when You collect the keys for the Vehicle from the Apex (or any contact free option made available by them).

Before You sign the Rental Document

Please read all the documents carefully. If You do not think You have received all the documents – or there is anything that You do not understand or agree with – please speak to a member of our team.

BY SIGNING THE RENTAL DOCUMENT…

By entering into the Rental Agreement, You agree to be bound by the terms and conditions set out in:

• these Terms and Conditions;
• the Privacy Collection Statement (Annexure A)
• the Pricing Schedule (Annexure B)
• Electric Vehicle Terms and Conditions (Annexure C)
• Where You can and cannot drive the Vehicle (Annexure D)

In summary, You agree to…

• rent the vehicle identified as part of the Rental Agreement - and optional extras for the Pre-agreed Rental Period
• pay the amounts described in the Rental Agreement
• pay rental fees for any extension to the pre-agreed rental period – as well as any optional extras You agree to verbally
• pay relevant administration charges, fees, theft, loss and damage costs (subject to any relevant excesses applying), toll charges, parking, traffic or other fines or charges, court costs and/or any other charges according to the terms of the Rental Agreement.

If You are offered the option to pay in a currency other than that stated on the Rental Document and choose to do so, the exchange rate used will be confirmed by Apex at Point of Sale (POS).

When you sign, you are agreeing for Apex to charge the above costs to your payment card.

What is the rental period?

The Pre-agreed Rental Period is the rental period indicated on Your booking or reservation.

The Pre-Agreed Rental Period may differ from the Rental Period: the Rental Period commences on the date shown on the Rental Document and ends on the date that You actually return the Vehicle to Apex.

If the following applies, the Rental Period will be extended until the later of:

1. if you return the Vehicle to the pick-up location during normal opening hours, when You hand over the keys and any optional extras at the return location;
2. if You use the collection service, when You hand over the keys, any optional extras and Apex inspects the Vehicle with You at the collection location;
3. if You return the Vehicle to a location outside our normal opening hours, when You leave the Vehicle on site at our rental location.

ADDITIONAL DRIVERS

Only You and any Additional Drivers are allowed to drive the Vehicle.

Your responsibility for Additional Drivers and passengers

You are responsible for making sure all Additional Drivers comply with the Rental Agreement and You are responsible for any passengers that You, or any Additional Drivers, allow in the Vehicle. You are responsible for any costs or charges Apex incurs because they (and as a result, You) do not comply with the Rental Agreement.

Does it cost to have Additional Drivers?

You may be charged for each Additional Driver. Apex will tell You in advance of any applicable charge for Additional Drivers.

THIRD PARTY INTERMEDIARIES

In some circumstances Apex works with third party intermediaries. Whether You book direct with Apex or through a third party intermediary, You will always enter into the Rental Agreement with the legal entity listed in this Rental Agreement. If when making a booking and/or collecting a rental Vehicle You have any queries on which company You are entering into a contract with (whether this relates to Your booking or rental arrangements), then please contact Apex direct and Apex will be pleased to provide assistance.

LOYALTY PROGRAM

When you join our Loyalty Program, we will require your signature. Even if You are an existing member of our Loyalty Program, You may still need to sign the Rental Agreement and agree to the Vehicle Condition Report (if provided) and the Linkt Terms and Conditions, as relevant to Your rental each time You pick up a Vehicle. For example, Apex may request Your signature in certain situations, such as a requested change in payment method or other change to your usual booking preferences.

As is the case with all our customers, it is just as important that all our Loyalty Program customers carefully read the Rental Agreement and remind themselves of all the terms and conditions they must comply with. Loyalty Program customers will be provided with a copy of their Rental Agreement (or given the opportunity to obtain a copy) before they pick up their Vehicle. In circumstances where Loyalty Program customers do not expressly confirm their acceptance of the terms of the Rental Agreement provided to them, their collection of the Vehicle keys will be deemed as full acceptance of the Rental Agreement and the Linkt Terms and Conditions.

CORPORATE CUSTOMERS

This section only applies if You have a corporate agreement with Apex (e.g., a corporate account or a discount number)

By signing the Rental Document, You confirm You have the company’s authority to enter into the Rental Agreement. If there is a conflict between the Rental Agreement and Your corporate rental agreement, unless otherwise stated in Your corporate rental agreement, the terms of the Rental Agreement will prevail.

FEES AND CHARGES

Fees and charges that Apex is entitled to charge without further consent from You (other than signing the Rental Agreement) in accordance with the terms of this Agreement are set out in the Pricing Schedule at Annexure C. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Agreement.

If You have pre-paid Your Vehicle booking, You have also agree to Clause 12.5 (After Hours Provisions).

DEFINITIONS

In these Terms and Conditions, capitalised words have a special meaning, as set out in this section.

‘Accessory’ means any equipment set out in the Rental Document, including but not limited to as applicable any Global Positioning System receiver or similar device, dash cam or any child restraint, child booster seat or similar equipment;

‘Account’ means the debit card, credit card or Apex charge account to which Rental Charges are to be debited in accordance with the Rental Document;

‘Additional Driver’ means a person other than You who is:

1. Your spouse or de facto partner;
2. Your employer or fellow employee if it is disclosed by You to Apex that the Vehicle is rented for business purposes under a corporate agreement; or
3. added to Your rental as an Additional Driver in accordance with Clause 2.3 (How to add an Authorised Driver to your Rental Agreement).

‘Additional Driver Fee’ means the fee payable by You to Apex for the addition of an Additional Driver;

‘Authorised Driver’ subject to Clause 2 (Driver), means You and any Additional Driver;

‘Apex’ means Apex Car Rentals (Company number: 3824956) or, where applicable, an independent Apex Car Rentals System licensee ;

‘Code’ means the New Zealand Rental Vehicle Association Code of Conduct;

‘Collection Costs’ means Apex’s reasonable costs of collecting unpaid Rental Charges from You;

‘Electric Vehicle’ means a vehicle with an electric motor that is powered wholly by electricity;

‘Electric Vehicle Recharge Fee’ means the fee charged to You where an Electric Vehicle is returned with less than 77% battery charge in accordance with Annexure C - Electric Vehicle Terms and Conditions;

‘Excess Amount’ means the amount shown as 'Excess Amount' on the Rental Document;

‘Excess Reduction’ means the product which we sell (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to the amount You have agreed with Apex;

‘Fair Wear and Tear’ means Fair Wear and Tear described in the Fair Wear and Tear Guidelines available on our website at https://www.apexrentals.co.nz/rental-info/fair-wear-and-tear-guidelines;

‘Fuel Service’ means the costs of fuel per litre plus Apex’s reasonable costs associated with arranging to fill the Vehicle with fuel;

‘GST’ has the meaning given by the GST Act or any replacement or other relevant legislation and regulations;

‘GST Act’ means the Goods and Services Tax Act 1985 (NZ);

‘Incident’ means an event during the Rental Period which is an accident, claim or other incident involving damage to or loss of the Vehicle or property of any other person in connection with the Vehicle or injury to any other person in connection with the Vehicle;

‘Inherent mechanical fault’ means a breakdown, malfunction or failure of the Vehicle’s engine or any mechanical part of the Vehicle not caused or contributed to, by You or any other Additional Driver;

‘Late Return Fee’ means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Apex under Clause 5.1(a) (How to return the Vehicle);

‘Loss Damage Waiver’ reduces Your financial responsibility for loss or damage to the Vehicle to the Excess Amount;

‘Loyalty Program’ means the loyalty program operated in accordance with the Apex Peak Rewards Program accessible at https://www.apexrentals.co.nz/peak-rewards.

‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual usually located in the Vehicle or accessible through the Vehicle's infotainment systems;

‘New Zealand Consumer Laws’ or ‘NZCL’ means the Consumer Guarantee Act 1993 and Fair Trading Act 1986;

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, which Apex has reasonable grounds to believe is caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

‘Per Day Loss of Revenue Fee’ has the meaning set out in Clause 5.9 of these Terms and Conditions;

‘Personal Information’ has the meaning given to that term in the New Zealand Privacy Act 1993 or from 1 December 2020, the Privacy Act 2020 (as amended);

‘Pre-authorisation’ means a hold on an amount of money in the bank account connected with Your Account which will be on hold until a final payment for all amounts owing has been made by You for Your rental and other amounts owing by You;

‘Privacy Notice’ ’ means the privacy notice set out at Annexure A.

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Annexure B – Pricing Schedule or payable under this Rental Agreement;

‘Rental Document’ means the Rental Document setting out the particulars of the legally binding contract made between Apex and You or the person hiring the Vehicle and any Authorised Driver, including details of the Vehicle;

‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Apex;

‘Roadside Assistance Cover’ means the provision of the roadside assistance services described in Clause 4.6 (When You will be charged for roadside assistance) for the Roadside Assistance Cover fee specified in the Annexure B - Pricing Schedule;

‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in Annexure B - Pricing Schedule;

‘Snow Cover’ means the product that Apex sells (if any) which reduces Your financial responsibility for loss or damage to the Vehicle when You drive in snow or above the Snow Line as described in Clause 8.2 – When Loss Damage Waiver Will Not Apply), to Your liability as set out in Clause 8.1 (When Loss Damage Waiver Will Apply);

‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or another Authorised Driver which covers You or them while using the Vehicle as a substitute for the Vehicle insured under that policy;

‘Terms and Conditions’ means these Terms and Conditions of Rental;

‘Terrorist Act’ means the term (or it’s derivative) is defined in the Terrorism Suppression Act 2002;

‘Underbody Damage’ means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Apex has reasonable grounds to believe that the driver of the Vehicle is reasonably at fault for that damage;

‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices and all Accessories and contents supplied by Apex unless the context requires otherwise;

‘Vehicle Condition Report’ means the report setting out any pre-existing damage found on the Vehicle prior to the Rental Period;

‘Windscreen and Tyre Protection’ means the protection cover set out in Clause 4.10 (What damage does Windscreen and Tyre Protection cover?) and is available at selected locations and reduces Your potential liability to Apex for damage to the Vehicle’s windscreen, windows and tyres;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made; and

‘Zero Excess’ means the product which Apex sell (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to nil.

INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires:

1. the singular includes its plural and vice versa;
2. words denoting any gender include all genders;
3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
4. headings are for convenience only and do not affect interpretation;
5. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
6. a reference to a party to this Rental Agreement includes its successors and permitted assigns;
7. a reference to any agreement (including this Rental Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
8. a reference to a clause, paragraph, schedule or annexure is to a clause, paragraph, schedule or annexure in or to this Rental Agreement;
9. a reference to this Rental Agreement includes any schedules and annexures to this Rental Agreement;
10. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
11. a reference to dollars or $ is to New Zealand currency;
12. words such as including or for example do not limit the meaning of the words preceding them; and
13. an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them.

PRECEDENCE

To the extent of any inconsistency the following order of precedence applies:

1. Rental Document;
2. these Terms and Conditions with Annexures;
3. the terms and conditions for Your Loyalty Program; and
4. the Vehicle Condition Report.

AUTHORISED DRIVER ACKNOWLEDGEMENT

What You agree and acknowledge

1. You agree and acknowledge that only Authorised Drivers will drive the Vehicle; and
2. All Authorised Drivers must and do hold a current and valid licence (not being a restricted licence, learner’s licence, provisional licence or any licence with special conditions as the result of a suspension or disqualification) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.
3. You and Additional Drivers authorise and consent to Apex verifying Your driving licence status, details and records with local authorities in Australia or New Zealand (as applicable) including via Driver Check managed by the New Zealand Transport Authority.
4. Apex may refuse to allow You or any Additional Driver to drive the Vehicle who:
   1. does not hold a valid and current driving licence in the country of rental for the entire Rental Period;
   2. has not brought an international driving licence or official translation (if applicable);
   3. has not held their licence for the minimum period required by the rental location;
   4. has driving-related convictions; or
   5. who does not meet our reasonable identity, security, driving licence or credit checks.

ADDITIONAL DRIVERS

Who is responsible for the acts of an Authorised Driver?

2.2 You are responsible for the acts and omissions of each Authorised Driver and any other person You or any other Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss and Damage Waiver option, Excess Reduction option or Zero Excess option (if accepted or included in Your Rental Charges) if You or any other Authorised Driver allows an unauthorised driver to drive the Vehicle and that unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third party.

How to add an Authorised Driver to Your Rental Agreement

2.3 To add an Authorised Driver, You may be required to pay the Additional Driver Fee. The additional Authorised Driver must provide Apex a valid licence confirming the additional Authorised Driver is authorised to drive the Vehicle.

WHAT KINDS OF ROADS ARE YOU ALLOWED TO DRIVE ON?

PROHIBITED USE

1. on beaches, in any sand, through streams;
2. through rivers or flood waters;
3. on fire trails;
4. on snow unless You use Snow Chains; and
5. in any location listed in Annexure D - Where You cannot drive the Vehicle.

OTHER UNAUTHORISED USE

3.3 Unless authorised in writing from Apex, Authorised Drivers must not use the Vehicleairside on or at any airport;

3.4 Authorised Drivers must:

1. not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind or operate the vehicle, or allow it to be operated, in breach of the Act, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
2. not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
3. not be under the influence of alcohol, drugs or have a blood alcohol or drug content that exceeds the legal limit in New Zealand in which the Vehicle is driven or as applicable to Your or their licence;
4. not use or allow the Vehicle to be used to carry passengers for payment of any kind;
5. not use the Vehicle when it is damaged or unsafe;
6. provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including animals) until You have obtained Apex’s prior written consent to do so;
7. not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and Apex’s recommendations;
8. not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;
9. not use the Vehicle to carry any inflammable substance which has a flashpoint under 22.8°C or any other explosive or corrosive substances without Apex's prior written consent;
10. not use the Vehicle to prepare, commit or assist in any criminal or Terrorist Act;
11. unless in accordance with Clause 3.4(l) below, not allow the Vehicle to be used to push or pull anything without Apex’s prior written consent;
12. not use the Vehicle for the conveyance or towing of any load unless:
    • 1. the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; and
      2. the Vehicle is fitted with a tow bar and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and Apex’s recommendations;
13. pay all tolls, parking charges, cleaning fees, fines and infringements incurred by any Authorised Driver relating to or in connection with the Vehicle;
14. not use the Vehicle in contravention of any applicable law; and
15. not register or claim to be entitled to register any security or other interest in the Vehicle under the New Zealand Personal Property Securities Act 1999.

YOUR VEHICLE CARE OBLIGATIONS

1. maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that Apex has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;
2. keep the Vehicle locked and secure when it is unattended and take all reasonable precautions to safeguard the keys under Your or another Authorised Driver’s personal control or, keep the keys in a locked and secure environment at all times and out of sight when not in Your possession; and
3. comply with all applicable seatbelts and child restraint laws.

CHECKS APEX MAY CONDUCT

TRANSMISSION OF VEHICLE DATA

Geolocation

4.3 Vehicles may be fitted with geo-location systems and tracking devices which can be used to open and close the Vehicle or track and record the geographical location, distance and speed of the Vehicle during the rental. They may also be used to immobilise the Vehicle if Apex has reasonable grounds to suspect the Vehicle is being used unlawfully or outside of the terms of the Rental Agreement. You agree that Apex can track and record Your location and Your use of the Vehicle.

Telematics data

4.4 You acknowledge that Apex may from time to time receive telematics data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude, latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice that the engine warning light has activated), braking, acceleration and cornering data.

ROADSIDE ASSISTANCE

Inherent mechanical faults

4.5 Apex will provide 24 hour roadside assistance for all inherent mechanical faults (as reasonably determined by Apex or its authorised repairer) at no additional cost (even if you have not purchased Roadside Assistance Cover) provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of Clause 3 (Where You can and cannot drive the Vehicle) (except in respect of Clause 3.4(n), dealing with use of the Vehicle in contravention of law, for minor infractions).

When You will be charged the Roadside Callout Fee

4.6 For each roadside callout for a fault or Incident which Apex has reasonable grounds to believe is caused by Your act or omission, including (but not limited to):

1. emergency refuelling up to an amount required to reach the nearest petrol station;
2. damage to or failure to upkeep any tyre in accordance with the Manufacturer’s Specifications (unless You have purchased Windscreen and Tyre Protection);
3. Electric Vehicle battery recharge;
4. lost keys;
5. keys locked in the Vehicle; or
6. a flat battery due to lights or other electrical equipment being left on,

You will be charged the Roadside Callout Fee unless You have purchased Roadside Assistance Cover.

When Roadside Assistance Cover does not apply

4.7 If you have purchased Roadside Assistance Cover, it will not apply if the Vehicle has been used in breach of clause 3 (Where You can and cannot drive the vehicle) (save, in respect of Clause 3, dealing with use of the Vehicle in contravention of law, for minor infractions) or in respect of any additional amount(s) payable under clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

CLEANING AND REPAIRS

Can You make Your own arrangements for repairs?

4.8 You must not have repairs to the Vehicle carried out unless Apex authorises You to do so in writing. Apex requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist Apex. Apex will reimburse You for any repairs to the Vehicle authorised by Apex in writing, provided that Apex can verify the cost of those repairs. To the extent that Apex cannot verify the cost of repairs, Apex will not reimburse You.

When will You be liable for professional cleaning?

4.9 If Apex has reasonable grounds to believe that You or another person has been using the Vehicle during the Rental Period in breach of Clause 3.4(h) (prohibiting smoking in the vehicle) or returned the Vehicle in poor condition (excluding Fair Wear and Tear); You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by Apex (as set out in Annexure B - Pricing Schedule) and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

What damage does Windscreen and Tyre Protection cover?

4.10 Windscreen and Tyre Protection covers You for damage to Your Vehicle's windscreen, front or back windscreens, and all side window glass and all tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e. hubcap, rim and alloy wheels) or damage to the Vehicle directly caused by Your breach of this Agreement, or for which You are liable by virtue of Clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

HOW TO RETURN THE VEHICLE

1. at the place, on the date and by the time shown on the Rental Document unless You have informed Apex of a change prior to the return date and time and Apex has consented to the change (such consent not to be unreasonably withheld); and
2. in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.

If You want to return the Vehicle to a different location

5.2 If You tell Apex that You wish to return the Vehicle to a location other than that stated on the Rental Document, Apex will advise You of the amount of the ‘One Way Fee’ that You may incur (unless Clause 5.6(a) applies to You). If You do not tell Apex in advance, You may be required to pay a One Way Fee as set out in Annexure B - Pricing Schedule (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under Clauses 5.3 or 5.4 below.

If You do not receive our approval for a change to Your return of the Vehicle

5.3 If You:

1. return the Vehicle at a later date or time than that shown on the Rental Document;
2. return the Vehicle to a place other than that shown on the Rental Document; or
3. do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document,

the rates shown on the Rental Document and set out in Annexure B may continue to apply for the additional rental days, including any One Way Fee and Late Return Fee (if any). If You return the Vehicle to a place other than that shown on the Rental Document, a One Way Fee for return of the Vehicle may apply.

Returning the Vehicle earlier than agreed

5.4 If You return the Vehicle at an earlier date or time than that shown on the Rental Document or otherwise agreed in writing with Apex, the rates shown on the Rental Document will not apply and You must pay the current daily rate that would have been applicable for the Vehicle for the Rental Period if hired for that period at those rates, which is likely to be higher than the rates shown on the Rental Document.

5.5 If you have pre-paid Your Vehicle booking, clause 5.4 does not apply and You will not be entitled to a refund but Apex may recalculate payment for the booking.

When the vehicle must be immediately returned

5.6 Although We will try to contact You in advance where possible, Apex may request the immediate return of the Vehicle or Apex may recover the Vehicle without informing You in advance if:

1. the limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘One Way Fee’ becomes payable by You;
2. the Rental Period expires without satisfactory arrangements having been made by You with Apex; or
3. Apex has reasonable grounds to believe that:
   • 1. the Vehicle has been or will be used for an unlawful purpose;
     2. damage to the Vehicle, or injury to persons or property has occurred; or
     3. the Vehicle has been or will be used in an industrial dispute.

5.7 If Clause 5.6(a) above applies to You, Apex will exercise its rights under that clause if Apex is unable to contact You within three (3) days after unsuccessfully attempting to debit the Rental Charges.

OVERDUE VEHICLES

1. after written communication with You and if the location of the Vehicle is unknown, Apex may report the Vehicle as lost or stolen to the police; and
2. You must pay Apex all Rental Charges (including additional Rental Charges) and compensate Apex in accordance with Clause 7 (Liability for Loss or Damage) for any loss Apex actually incurs (including all reasonable additional costs Apex incurs in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered by Apex, except for losses caused or contributed to by Apex.
3. Apex will use reasonable endeavours to mitigate any loss suffered under this Clause 5.8.

YOUR LIABILITY FOR VEHICLE DOWNTIME

5.9 If You have breached the Rental Agreement and Your breach of the Rental Agreement (or a breach of the Rental Agreement by any other Authorised Driver) has caused the downtime of the Vehicle, You may be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime (Per Day Loss of Revenue Fee).

5.10 Calculation of the per day loss of revenue fee in Clause 5.9 above will be calculated in accordance with the daily rate for that period (shown in Your Rental Document) multiplied by the number of days of downtime, including any applicable GST.

5.11 If You are charged for downtime of the Vehicle in accordance with Clause 5.9, Apex will inform You seven (7) days in advance before Your Account is debited.

OUR PROCESS FOR CONTACTING YOU ABOUT A VEHICLE RETURN ISSUE

5.12 Prior to exercising its rights under clauses 5.6(a), 5.6(b) or 5.8 above, Apex will attempt to call You on Your contact number and / or email You via the email address recorded in the Apex system at least two (2) times to confirm whether an extension of Your Rental Agreement or change to the payment method listed on Your Account is required.

5.13 If Apex is unable to contact you within five (5) days after the designated drop off date and time for the Vehicle shown on the Rental Document or any extended date or time agreed with Apex in writing, then Apex will proceed to exercise its rights under Clause 5.7 above.

WHAT KIND OF FUEL TO USE IN THE VEHICLE

6.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.

REFUELLING THE VEHICLE: LESS THAN 120 KILOMETRES DRIVEN

6.2 If You drive the Vehicle less than 120 kilometres during the Rental Period, You will be charged the Fuel Service fee per kilometre driven as set out in the Rental Document. Apex will waive the Fuel Service fee if You present a receipt indicating You have refuelled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when You rented it, as determined reasonably by Apex’s visual or electronic inspection of the Vehicle’s fuel gauge.

REFUELLING THE VEHICLE: MORE THAN 120 KILOMETRES DRIVEN

6.3 If

1. You drive the Vehicle 120 or more kilometres during the Rental Period;
2. You do not select the ‘prepaid fuel option’ in the Rental Document where that option is available; and
3. You return the Vehicle with less fuel in the Vehicle than the Vehicle had when You rented it; You must pay Apex the Fuel Service fee amount per litre as set out in the Rental Document. The Fuel Service includes the cost of fuel and all other costs associated with arranging to fill the Vehicle with fuel.

6.4 For the purpose of Clause 6.3 above the fuel level of the Vehicle at the time You rent it and at the time You return it to Apex is determined by visual or electronic inspection by Apex of the Vehicle’s fuel gauge, and the kilometres driven, however if a Fuel Service fee amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when You rented it.

WHEN YOU ARE LIABLE FOR LOSS AND DAMAGE

7.1 Subject to Clauses 7.2, 7.3, 7.4 below and Clause 8 (Loss Damage Waiver), You are liable:

1. to compensate Apex for any damage to or loss of the Vehicle, including any Incident, hail, flood or storm related damage or theft of the Vehicle, which Apex has reasonable grounds to believe has occurred during the Rental Period (including by reference to the Vehicle Condition Report); and
2. for damage to third party property which Apex has reasonable grounds to believe is caused or contributed to by You or another Authorised Driver or any person You or another Authorised Driver allow to drive the Vehicle and to the extent permitted by applicable law, Apex will not be responsible for such liability.

WHEN YOU ARE NOT LIABLE FOR LOSS AND DAMAGE

Damage that is not Your fault

7.2 If, acting reasonably, Apex accepts that the loss or damage referred to in Clause 7.1 above was not Your fault, You will not be liable to compensate Apex provided You comply with the process set out in Clause 11 (Claims and proceedings and what to do if there is an Incident) for dealing with an Incident and:

1. You are resident in New Zealand;
2. You provide Apex with the following details of the Incident:
1. the name, residential address, contact phone and licence number of any person involved;
2. the name of any insurer of any third party You believe was at fault;
3. the registration numbers of all vehicles involved;
4. an accurate description of the Incident and location;
5. the names of any attending police officers and the stations at which they are based; and
3. (c) Apex reasonably believes that it will recover the amount of loss or damage from a third party.

Damage that is Apex’s fault

7.3 Apex is liable for any damage to or loss of the vehicle that is our fault. This includes:

1. any failure on our part to properly maintain the Vehicle; and
2. loss or damage directly due to our negligence.

APEX WILL MITIGATE LOSSES

7.4 Apex will use reasonable endeavours to mitigate its losses where charged to You under this Clause 7 (Liability for loss or damage).

WHEN LOSS DAMAGE WAIVER WILL APPLY

8.1 Subject to Clause 8.2 (When Loss Damage Waiver will not apply), if You are or would be liable to compensate Apex for its loss under Clause 7.1 (When You are liable for loss and damage), Apex will waive that liability if You have complied with the Rental Agreement and these Terms and Conditions and to the extent:

1. You pay the Excess Amount (where applicable and subject to Excess Reduction and Zero Excess, if any) stated on the Rental Document for each separate event or Incident involving:
   1. damage (include hail, flood or storm damage) to, or loss of, the Vehicle; or
   2. damage which is caused by an Authorised Driver or anyone else during the Rental Period.

WHEN LOSS DAMAGE WAIVER WILL NOT APPLY

8.2 The waiver in Clause 8.1 above will not apply in relation to, and You may be liable to Apex for Apex’s loss, including for the full cost of the following which occur during the Rental Period:

1. Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if You or any other person driving the Vehicle come into contact with something including, but not limited to, a bridge, a tunnel, a tree, or the roof or boom gate of a car park; or damage, including but not limited to, the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds) which Apex has reasonable grounds to believe is caused by You and not attributable to Fair Wear and Tear;
2. water damage for which Apex has reasonable grounds to believe that You or any other person driving the Vehicle drove the Vehicle in a manner that resulted in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to saltwater including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers;
3. damage to the Vehicle for which Apex has reasonable grounds to believe that You or any other person driving the Vehicle have caused owing to a breach of any of Clause 3 (Where You can and cannot drive the Vehicle), 4.1 (Your Vehicle care obligations), 4.8 (Can You make Your own arrangements for repairs?) or 6.1 (What kind of fuel to use in the Vehicle) (save, in respect of Clause 3.4(n) (dealing with use of the Vehicle in contravention of law, for minor infractions)) by You or any other person driving the Vehicle;
4. damage to a tyre or an Accessory not attributable to Fair Wear and Tear that Apex has reasonable grounds to believe is caused deliberately or recklessly by You;
5. theft of the Vehicle, even if You report the Vehicle as stolen to the police immediately on becoming aware of the theft, provide full details of the theft and provide a copy of the police report to Apex as soon as You receive it and complied with the procedure for Incidents set out in Clause 11 (Claims and proceedings and what to do if there is an Incident), except where We recover the Vehicle and You are only liable for a lesser amount under these Terms and Conditions; or
6. loss or damage to Your property, the property of a member of Your immediate family or of a person related to You or a person residing at Your premises if Apex has reasonable grounds to believe that such loss or damage is caused by a breach of these Terms and Conditions by You.

For the purposes of this Clause 8.2, any reference to You includes an Authorised Driver and any person You or another Authorised Driver allow to drive the Vehicle.

8.3 Apex will use reasonable endeavours to mitigate its losses charged to You under this Clause 8.2.

IF YOU DRIVE IN OR ON SNOW

9.1 Despite the prohibition in Clause 3 (Prohibited Use), which restricts You from driving in the snow, You are permitted to drive the Vehicle on snow PROVIDED:

1. You use appropriate driving equipment (such as snow chains) suitable to the Vehicle, which You obtained from us or which we approved as to be used by You when You pick up the Vehicle; and
2. It is otherwise reasonably safe and responsible to drive the Vehicle on snow in the circumstances and weather conditions.

SKI EQUIPMENT - SUBJECT TO AVAILABILITY

Price and availability of Ski Equipment

9.2 Ski Equipment may be available for hire as optional extra from the pick up location, but it is not guaranteed.

9.3 Apex will inform You of the cost of Ski Equipment applicable to Your rental at the time of booking or before Your payment for it at the pick-up location.

Availability of snow equipment

9.4 If Ski Equipment is not available from the pick up location and You use your own or other rented ski equipmnent, fastening such ski equipment to the Vehicle or on the Vehicle's roof rack is subject to Apex's inspection and approval (not to be unreasonably withheld) and compliance with Manufacturer’s Specifications for use on the Vehicle.

9.5 9.5 It is Your responsibility to safely secure all Ski Equipment to or on the Vehicle in accordance with the Manufacturer’s Specifications before commencing transportation. Apex will not be liable for any damage or other loss caused to Ski Equipment that is not securely fastened on the Vehicle or the roof rack of the Vehicle.

APPLICATION OF LOSS DAMAGE WAIVER

9.6 If You comply with Clause 9.1 (When Your Loss Damage Waiver applies if you drive in snow or above the Snow Line), Clause 8.1 (When Loss Damage Waiver will apply) will apply to damage or loss caused to the Vehicle due to the use of the Vehicle on snow.

WHAT HAPPENS IF YOU HAVE TO PAY THE EXCESS AMOUNT

Criteria for debiting Your Account with the Excess Amount

10.1 Avis will debit Your Account with the Excess Amount if;

1. You must pay the Excess Amount under Clause 8.1(a) (Waiver of Liability); or
2. fault has not been determined but Avis has reasonable grounds to believe You are the party at fault; or
3. You have not provided information required by Clause 7.2 (Damage that is not Your fault) or Clause 11 (Claims and proceedings and what to do if there is an Incident); or
4. You are not ordinarily a resident in New Zealand.

What happens if there is more than one damage Incident?

10.2 Where You are liable under Clause 8.1(a) (Waiver of Liability) for the Excess Amount, one Excess Amount for each separate damage Incident will be debited by Apex. The Excess Amount will be debited at the time of loss of, or damage to, the Vehicle and or damage to the property of any third party. For the purposes of this Clause 10.2, one damage Incident includes all types of damage suffered by a Vehicle simultaneously or nearly simultaneously owing to that Incident.

Can the Excess Amount be refunded?

10.3 If Apex subsequently comes to a reasonable belief that a third party or the insurer of a third party will pay Apex for the loss or damage to the Vehicle or Apex receives such payment and it is in excess of the Excess Amount, Apex will, within a reasonable period of time of forming that belief or receiving such payment, refund You the amount received or to be received up to the Excess Amount.

HOW TO REPORT A THIRD-PARTY INCIDENT

10.4 If You report to Apex in writing that a third party has been involved in an Incident, Apex will take reasonable steps to determine fault and, where practicable, obtain an admission from the third party or the third party’s insurer. If Apex obtains that admission and You ordinarily reside in New Zealand and have a New Zealand driver’s licence, Apex will not debit Your Account with the Excess Amount or Excess Amounts for which You are liable provided You have complied with the process set out in Clause 11 (Claims and proceedings and what to do if there is an Incident) for when there is an Incident.

RECOVERY COST PROCESS

Meaning of Recovery Cost

10.5 For the purposes of Clauses 10.5 to 10.8, ‘Recovery Cost’ means, in relation to the loss of, or damage to, the Vehicle the sum of:

1. any appraisal fees actually and reasonably incurred by Apex;
2. any retrieval, towing and storage costs actually and reasonably incurred by Apex; and
3. a reasonable third-party administrative fee actually and reasonably incurred by Apex which is charged to Apex for the cost of making arrangements for retrieval, towing and repairs, and other administrative activities.

Payment of Recovery Cost

10.6 If any of Clauses 7.1 (When You are liable for loss and damage), 8.1 (Waiver of liability) or 8.2 (When the waiver will not apply) apply, Apex will inform You in advance of the Recovery Cost. You must pay to Apex, or You authorise Apex to debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending Apex’s reasonable preliminary assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your rights under Clause 10.10 (Right to a refund). Apex will inform You in advance of an applicable charge under this Clause 10.6.

10.7 For the purposes of calculating any refund under Clause 10.10 (Right to a refund) , Apex will add the Recovery Cost to the amount of the costs of damage and repair to the Vehicle.

10.8 If Clause 7.1 (When You are liable for loss and damage) applies, and if the total of the Recovery Costs and the costs and fees that You must pay under Clause 8.1 (Waiver of liability) is greater than the Excess Amount, You must pay the Excess Amount to Apex, or Apex may debit Your Account with that amount.

CALCULATION OF LIABILITY FOR LOSS OR DAMAGE

How Apex calculates Your liability

10.9 Where You are required to pay Apex under Clause 7 (Liability for loss or damage), the amount You must pay for any loss, damage, repair, cost, or fee:

1. may be reasonably determined by Apex; and
2. in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.

Right to a refund

10.10 If the amount reasonably determined by Apex and paid by You under Clause 10.6 above exceeds the final cost of the loss, damage or repair, Apex will refund the difference to You within a reasonable period of time.

Details which Apex must provide

10.11 Apex will provide details to You of the final cost of the loss, damage or repair on request by You and within a reasonable period of time. These details will include supporting documentation as such as copies of the Recovery Costs, repair invoices and photos of damage if Apex is required to provide these under the Code.

If the Vehicle is stolen

10.12 If You report the Vehicle as stolen to Apex and to the police in accordance with these Terms and Conditions and Clause 8.1 (Waiver of liability) applies to You, Apex will debit Your Account for the Excess Amount. Apex will initiate inquiries with the relevant authorities with a view to recovering the Vehicle. If the Vehicle is recovered, Apex will refund the Excess Amount less Recovery Cost and any amount for damage arising from the condition in which the Vehicle is found, which is not recovered from a third party.

10.13 If You have not complied with these Terms and Conditions or Clause 8.1 (Waiver of liability) does not otherwise apply to You, Your liability for a stolen Vehicle will be greater than that set out in Clause 10.12 above.

WHAT TO DO IF THERE IS AN INCIDENT

11.1 In the event of an Incident, You must ensure that You or another Authorised Driver:

1. promptly report the Incident to the local police (if required by applicable law and in compliance with that law);
2. promptly report the Incident in writing to Apex and in any event within 24 hours after it;
3. do not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You or another Authorised Driver are required to provide a statement to the police;
4. permit Apex, or its insurers at their own cost to bring, defend, and force or settle any legal proceedings against a third party in Your name or in the name of another Authorised Driver in relation to the Incident;
5. permit Apex or its insurers to claim in Your name or that of another Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause that Authorised Driver to assist, Apex in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Apex; and
6. complete and furnish to Apex or its insurers within a reasonable time any additional statement, information or assistance which Apex or its insurers may reasonably require, including attending a lawyer’s office and at Court to give evidence.

11.2 Apex will meet the reasonable out of pocket expenses of You or another Authorised Driver in complying with clauses 11.1(d), 11.1(e) or 11.1(f) above.

CONSEQUENCES OF NON-COMPLIANCE BY YOU

11.3 If You do not comply with Clause 11.1 above, and Apex or its insurer are unable to investigate or mitigate their losses for the Incident in full because of this non-compliance, Apex will, if it is reasonable to do so, notify You of the amount of the Rental Charges and, if those charges are not disputed by You within five (5) working days, then by these Terms and Conditions You authorise Apex to debit from Your Account all Rental Charges pending Your full compliance.

APEX’S INSURANCE IS FOR APEX’S BENEFIT ONLY

11.4 Nothing in these Terms and Conditions entitles You to:

1. benefit from any of our insurance policies as an insured; or
2. require Apex or its insurers to defend, settle or otherwise act on Your behalf for any claim brought against You by others.

PAYMENT AUTHORISATION

12.1 You authorise the debit of Your Account by Apex to pay:

1. all Rental Charges;
2. any amount paid or payable by Apex or You to any person arising out of Your use of the Vehicle or imposed on You or Apex by any government or other competent authority;
3. the replacement cost as reasonably incurred by Apex for a lost or stolen Accessory or keys;
4. any amount which You reasonably owe to Apex under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Apex will provide to You information containing detail about any amount payable under this Clause 12.1, including a justification with respect to the amounts charged and how these amounts have been calculated; and
5. such payment to be adjusted for any payment made at an earlier date pursuant to the Rental Document.

12.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by Apex. If Apex reasonably determines that a Rental Charge should be adjusted to comply with these Terms and Conditions, Apex will provide details to You using Your contact details supplied to Apex before such Rental Charge is made.

MINIMUM RENTAL CHARGES

Minimum rental charge

12.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:

1. Time: one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to Clause 5.4 (Returning the Vehicle earlier than agreed)); and
2. Kilometres: the amount payable for the number of kilometres driven during the Rental Period.

Distance charge

12.4 Distance charges including the number of kilometres driven are measured by the Vehicle’s odometer.

AFTER HOURS FEE

12.5 In some Apex locations, You may be able to pick-up or return a Vehicle after normal office hours PROVIDED You pay for the rental in advance and notify Apex at least 24 hours prior to the pick-up.

12.6 Apex charges an additional After Hours Fee for all after-hours arrangements. Please note, additional airport parking charges may also apply, which vary from location to location.

PAYMENT DISPUTES

12.7 Apex will inform You in advance of all amounts payable to Apex under Clause 12.1 (Payment Authorisation) . You may dispute these amounts by contacting customerservice.newzealand@apexrentals.co.nz within 5 working days of the notification being sent under this clause 12.6 (Notice Period).

12.8 Further to Clause 12.6, if an amount is payable under Clauses 12.1(c) or (d) above, Apex will not debit Your Account during the Notice Period. You authorise Apex to charge and debit from Your Account all amounts that remain undisputed at the end of the Notice Period payable to Apex under Clauses 12.1(c) or (d).

CREDIT OR DEBIT CARD AUTHORISATION

12.9 If You pay Your Rental Charges by credit or debit card, You acknowledge that it may take 7-10 working days for Your financial institution to release any amount which has been authorised by that institution at the request of Apex under Clause 12.1 (Payment Authorisation) which is in excess of Your Rental Charges.

REFUNDS

12.10 Apex aims to pay, within 14 days after it becoming payable to You, any refund due to You by such method as Apex may reasonably choose.

FAILURE TO PAY BY YOU

12.11 If You fail to pay any amount under or in connection with the Rental Agreement within 14 days after the date by which You are required to pay the amount, You must also pay Apex and You authorise Apex to debit from Your Account Apex’s Collection Costs from the date of demand.

Our process for contacting You about an overdue payment

12.12 Prior to exercising rights under Clause 12. above Apex will attempt to call You on Your contact number recorded on the Apex system to discuss whether an alternative to the payment method listed on Your Account is required before referring the matter to third party debt collectors.

WHEN CAN THE RENTAL AGREEMENT BE TERMINATED?

13.1 Either party may terminate the Rental Agreement at any time if the other party commits a breach of the Rental Agreement.

13.2 Subject to Clauses 5.2 to 5.7 (Return of the Vehicle) and Clause 12.3 (Minimum rental charge), You may terminate the Rental Agreement at any time by returning the Vehicle to Apex.

13.3 Apex may terminate the Rental Agreement if Apex is required by the police or other regulatory authority to take possession of the Vehicle from You.

LIABILITY FOR PROPERTY WHICH IS LOST, STOLEN OR LEFT BEHIND IN THE VEHICLE

14.1 Apex or an Apex employee acting in the course of the employment of Apex is not liable to any person for any loss of, or damage to any property left in the Vehicle by You or anyone else.

APEX COMPLAINT PROCESS

15.1 Apex will use its best endeavours to respond to Your complaint within fifteen (15) working days after the date of receipt of the complaint, provided Apex has all necessary information and has been able to complete any investigation required.

15.2 If Apex cannot respond within fifteen (15) working days, Apex will let You know as soon as reasonably practicable (and within fifteen (15) days after receiving Your complaint) of the estimated response date.

15.3 Your complaint will be reviewed by an Apex representative who:

1. has appropriate experience, knowledge and authority; and
2. is different from the person or persons whose decision is the subject of the complaint.

15.4 Apex’s response to the review of a customer’s complaint will be in writing and will include:

1. the final decision in relation to the complaint;
2. the reasons for that decision; and
3. the right to take the dispute to external dispute conciliation.

COMPLAINT REFERRAL

15.5 If You do not accept the resolution of Your complaint through our internal dispute resolution process, You may refer the matter to the New Zealand Rental Vehicle Association.

15.6 Apex will participate in the dispute resolution process in good faith, including by being represented by an employee or representative who has sufficient authority to negotiate and agree an outcome with You. Apex will comply with any directions made by the New Zealand Rental Vehicle Association for the conduct of the conciliation. Apex will seek to resolve the matter with You during the conciliation and will consider any recommended resolution.

YOUR RIGHTS UNDER NEW ZEALAND CONSUMER LAW

16.1 If You acquire any goods and services in New Zealand as a consumer under the New Zealand Consumer Law, these Terms and Conditions are subject to this Clause 16.

16.2 Nothing in these Terms and Conditions applies where it would exclude, restrict or modify any right or remedy that You may have under the New Zealand Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

16.3 Notwithstanding anything to the contrary in these Terms and Conditions, if You acquire goods (other than goods acquired for the purpose of resupply) or services from Apex as a consumer, they come with statutory guarantees under the New Zealand Consumer Law that are not excluded by any term of these Terms and Conditions.

YOUR RIGHTS: MAJOR FAILURES

16.4 For major failures with the service, You are entitled:

1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.
3. You are also entitled to choose a refund or replacement for major failures with goods.

YOUR RIGHTS: OTHER FAILURES

16.5 If a failure with the goods or a service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

16.6 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

GOVERNING LAW

17.1 The laws of New Zealand govern this Rental Agreement.

JURISDICTION

17.2 You and Apex submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and waive any right to claim that those courts are an inconvenient forum.

PRICES WHICH ARE EXCLUSIVE OF GST STATE THAT

18.1 Prices provided in this Rental Agreement state whether they are exclusive of goods and services tax (GST) or inclusive of GST.

GST PAYABLE IN ADDITION FOR ANY AMOUNT DISPLAYED WITHOUT GST WHERE GST APPLIES

18.2 If GST is payable in respect of a supply under applicable law in addition to a price displayed, then the recipient of the supply must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as any consideration for the supply.

CONSENT RELATING TO PERSONAL INFORMATION

19.1 Any Personal Information provided by You (whether Personal Information of You or another individual which You have the necessary consents to provide) may be collected, used and disclosed by Apex for the purposes contemplated by this Rental Agreement (including the Privacy Collection Statement) and Privacy Notice which can be found at https://www.apexrentals.co.nz/rental-info/privacy-policy which You agree that You have consented to before you agreed to this Rental Agreement.

19.2 You must not provide Apex with any Personal Information of another individual unless You first make them aware of the Privacy Notice and have their consent to provide such Personal Information to Apex.

• Make and confirm your rental reservation;
• Provide our Loyalty Program and update partner points and rewards;
• Connect with your corporate and commercial accounts;
• Assist with navigation assistance or itinerary planning;
• Provide customer assistance;
• Resolve toll, traffic or parking violations;
• Processing any claims relating to accidents and/or injuries;
• Providing roadside assistance services;
• To protect or defend the rights or well-being of us, our employees, customers or others;
• Verify safe driver criteria for qualified drivers.

• Performance of Contract;
• Legitimate Interests;
• Legal obligation;
• Consent; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Make and confirm your rental reservation;
• Process payments and refunds;
• Assist with navigation assistance or itinerary planning;
• Provide customer assistance;
• Providing roadside assistance services;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract;
• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Verify drivers licences or other government identification.
• Verify eligibility to use designated account and discount codes;
• Connect with your corporate and commercial accounts.

• Performance of Contract;
• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Verify drivers licences or other government identification.
• Make and confirm your rental reservation;
• Process payments and refunds;
• Provide customer assistance;
• Handle debt collection;
• Fraud check.

• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Verify drivers licences or other government identification.
• Make and confirm your rental reservation;
• Verify eligibility to use designated account and discount codes;
• Process payments and refunds;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract;
• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Process payments and refunds;
• Fraud check;
• Handle debt collection.

• Performance of Contract;
• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Performance of Contract;
• Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Provide our Loyalty Program and update partner points and rewards;
• To protect or defend the rights or well-being of us, our employees, customers or others.

• Performance of Contract; Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• Support our IT systems and infrastructure;
• Provide maintenance services for our IT systems and infrastructure;
• Provision of data hosting and other data processing services;
• Provide analytics services relating to your use of our website to identify any technical or user interface issues and/or improvements in connection with the website

• Legitimate interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.

• To verify your driver's licence and ensure you meet our safe driver criteria;
• As requested by these agencies if the disclosure is required or permitted by law;
• To take action regarding illegal activities, traffic offences or violations of terms of service;
• If we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; and

• As otherwise required or permitted by law.

• Provide and service the product or coverages you have requested;
• Manage any claims that may be made under the relevant insurance policy

• Performance of Contract; Legitimate Interests; or
• Apex may disclose personal information for other purposes permitted under the Australian or New Zealand Privacy Principles.