What is an accident replacement car?
Free2Drive provides car owners who have been involved in an accident, which isn’t their fault, a rental car at no cost to them whilst their car is repaired.
How do we do this?
In New Zealand, car owners who are involved in a not at-fault accident are entitled to a rental car – whilst their car is repaired or, if their car is deemed a total loss, until their claim is settled. The costs of the rental car are recovered by Free 2Drive from the at-fault party or their insurer.
Is an accident replacement car different from a normal rental car?
Yes, it is. Our rental cars offer the following benefits and is quite different from a regular car rental
- Free2Drive delivers and collects the car to you – either to your office, home or repairer.
- Free2Drive claim the rental car cost from the “at-fault” driver’s insurer on your behalf so you don’t have to.
- When your car is repaired you simply leave therental car at the repairer and drive away in your car.
- We offer a wider fleet range so you can be placed in a car comparable to your own.
What would it cost me?
If you’re not at-fault you do not have to pay the daily rental fees. These fees are payable by the at-fault party’s insurer. In case the car is returned and needs fuel, you incur any tolls or traffic infringements, requires cleaning or for unfair wear & tear an administration fee may be applied to the processing of these charges.
How do I get in touch?
Terms & Conditions of use
VEHICLE RENTAL TERMS & CONDITIONS
This agreement is between FREE2DRIVE NZ LIMITED (“the Owner”) and the person and/or company signing the attached rental document (“the Hirer”) which sets out the Vehicle rental details (“Rental Document”).
- VEHICLE DESCRIPTION AND RENTAL TERM
The Owner agrees to rent to the Hirer the Vehicle detailed in the Rental Document (“the Vehicle”), for the rental term detailed in the Rental Document. The Owner reserves the right to provide a similar vehicle if the Vehicle is unavailable for any reason.
- WHO MAY DRIVE THE VEHICLE
The Vehicle may only be driven by the persons named on the Rental Document or in a supplementary driver’s sheet attached to this agreement, and only if they are over 21 years of age and hold a current full valid driver licence written in English appropriate for the Vehicle. If requested, the Hirer must produce a certified English translation of their licence and or an international driver licence.
3.PAYMENTS BY HIRER
The Hirer acknowledges
that they shall be liable at the end of the rental term to pay to the owner any applicable additional
charges payable at the end of the rental term. These may include:
3.1 Charges for petrol or other fuel used (but not oil)
3.2 Excess charges for damage to or repair of the Vehicle (subject to the other terms of this agreement); Any enforcement charges relating to such damage or repairs (including legal costs); Charges for cleaning or repairing the Vehicle’s interior if it is returned in an excessively dirty or damaged condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette & vape smoke; i) traffic and/or parking offence infringement fees; j) the administration fees and/or additional products or services as specified in the Rental Document;
3.3 If the Hirer fails to pay any charges due under this agreement within 14 days of the due date, the Owner may, without prejudice to any other rights or remedies the Owner may have or be entitled to, charge the Hirer and the Hirer must pay all additional costs as detailed below: a) interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days from the due date to the date of payment of all money owed to the Owner; b) all costs incurred by the Owner for the collection of the unpaid money by a debt collection agency or other external or legal agency (including legal fees on a solicitor client basis); and c) an administration fee of $75 (plus GST).
- USE OF THE VEHICLE
The Hirer agrees not to:
4.1) use or allow the Vehicle to be used for the transport of passengers for hire or reward unless the Vehicle is rented for this purpose with the Owner’s prior written consent.
4.2) sublet or rent the Vehicle to any other person.
4.3) allow the Vehicle to be used outside their authority or without their authority.
4.4) operate the Vehicle or allow it to be operated in circumstances that is a breach of the relevant transport legislation, regulations, rules or bylaws relating to road traffic; such as driving under the influence of alcohol or drugs or excessive speed and or in a dangerous manner;
4.5) operate the Vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
4.6) operate the Vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the Vehicle.
4.7) drive or allow the Vehicle to be driven by any person if at the time of driving they do not hold a current full valid driver’s licence appropriate for the Vehicle.
4.8) drive or allow the Vehicle to be driven on any roads excluded by the Owner (see clause 12(p) of these terms), or on any beach, driveway, river crossing, snow covered roads, unsealed roads or surfaces likely to cause damage to the Vehicle;
4.9) allow the Vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the Vehicle.
4.10) operate the Vehicle or allow it to be operated to propel or tow any other vehicle.
4.11) transport any animal in the Vehicle (with the exception of guide dogs for visually impaired people)
4.12) operate or allow the Vehicle to be used in involvement with any illegal activity; or
4.13) allow any person to smoke cigarette or vape inside the Vehicle.
- HIRER’S OBLIGATIONS
The Hirer will ensure that:
5.1) All reasonable care is taken when driving and parking the Vehicle.
5.2) The water in the Vehicle’s radiator and battery is maintained at the proper level.
5.3) The oil in the Vehicle is maintained at the proper level.
5.4) Only the fuel type specified for the Vehicle is used.
5.5) The tyres are inflated at their correct pressure.
5.6) The Vehicle is always locked and secure when it is not in use and the keys kept under the Hirer’s personal control at all times.
5.7) The distance recorder or speedometer are not interfered with.
5.8) No part of the engine, transmission, braking or suspension systems is to be interfered with.
5.9) Should a dashboard warning light be illuminated, or the Hirer believes the Vehicle requires mechanical attention, they will stop driving and advise the Owner immediately.
5.10) All drivers authorised to use this Vehicle during the rental term are aware of and comply with these terms; and
5.11) Any authorised driver always carries their driver’s licence with them in the Vehicle and will produce it on demand to any enforcement officer.
- OWNER’S OBLIGATIONS
The Owner shall supply the Vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
- MECHANICAL REPAIRS AND ACCIDENTS
7.1 If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Owner of the full circumstances by telephone immediately and the Police if the accident involves injury. No refund is available for the unused rental term (including CDW payment if applicable) or any contribution to subsequent transportation costs.
7.2 The Hirer shall not arrange or undertake any repairs or salvage without the Owner’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs, or salvage are necessary to prevent further damage to the Vehicle or to other property.
7.3 24 Hour Roadside Assistance is free for all inherent mechanical faults in the Vehicle (as determined by the Owner or its authorised repairer). For all other roadside assistance call outs including refuelling, jump start, tyre related incidents, lost keys and keys locked in the Vehicle, a service fee will be Payable by the Hirer.
7.4 If the Vehicle requires repair or replacement, the Owner will decide whether to supply another vehicle and at what cost and location.
- HIRER’S LIABILITY
The Hirer is liable for irrespective of fault:
9.1) any loss of, or damage to, the Vehicle and its accessories.
9.2) any consequential damage, loss or costs incurred by the Owner, including salvage costs, loss of ability to re-hire and loss of revenue; and
9.3) any loss of, or damage to, vehicles and property of third parties, arising during the rental term.
9.4) The Owner does not accept any liability for personal injuries sustained during the rental term.
10.1) The Hirer’s liability is limited by the Owner’s insurance, up to the value of $20,000 in respect of the above sub-clauses 9.1 and 9.2, and $150,000 in respect of sub-clause 9.3.
10.2) The insurance excess payable by the Hirer is as specified in the Rental Document and is payable for each and every incident involving the Vehicle subject to the CDW in clause 11 below.
10.3 An additional Damage Administration fee of $75 (plus GST) will be applied for processing any type of damage to the Vehicle or claims. This fee may be refunded if it is proven that the damage was not due to the Hirer’s fault.
11.COLLISION DAMAGE WAIVER (CDW)
11.1 Collision Damage Waiver (CDW) reduces the hirer’s liability for damage under clause 9 to the agreed excess (deductible) subject to the following conditions and exclusions: CDW does not cover damage or loss associated with:
11.2 Any of the circumstances detailed in clause 12.
11.3 Cost of repair or replacement of tyres.
11.4 Cost of recovering a car that has become bogged or immovable.
11.5 Cost of replacement of lost or stolen car keys.
11.6 Costs associated with the incorrect use of or contamination of fuel (diesel or petrol).
11.7 Cost of repair or replacement of other products purchased.
11.8 Cost of cleaning the Vehicle or interior damage to equipment, trim or fabric.
11.9 During the rental period the Collision Damage Waiver (CDW) is only available once and will be applied to the damage that occurs first. In the event of further damage during the rental period the Hirer must pay the insurance excess as specified in the Rental Document.
11.10If the Vehicle is replaced by the Owner the CDW will not transferable to the replacement Vehicle.
12. INSURANCE EXCLUSIONS
The Hirer acknowledges that the cover referred to in clause 10 will not apply if:
12.1At any time when the driver of the Vehicle is under the influence of alcohol or any drug.
12.2At any time when the Vehicle is in an unsafe or un-roadworthy condition, such condition arising during the course of the rental, that caused or contributed to the damage or loss, and the Hirer or driver was aware or should have been aware of the unsafe or un-roadworthy condition of the Vehicle;
12.3At any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the Vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage but does not otherwise apply to resulting damage to other parts of the Vehicle.
12.4At any time when the Vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
12.5At any time when the Vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the Vehicle (unless the Hirer is a Corporate or Government Department and the driver is authorised to drive the Vehicle, subject to all other terms in this agreement);
12.6At any time when the Vehicle is driven by an unlicensed person.
12.7At any time when the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer’s authority or control.
12.8 At any time when the driver commits a traffic offence while driving the Vehicle.
12.9At any time when the Vehicle is loaded carelessly or is loaded in excess of the manufacturer’s specifications or damage results from incorrectly fitted roof or bike racks or items attached to them.
12.10At any time when the Vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the Vehicle.
12.11At any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law.
12.12The Hirer is issued a fine or penalty as a result of prosecution for breach of any law.
12.13The Vehicle requires a puncture repair or new tyre.
12.14Liability for damage arises caused by vibration or the weight of the Vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be $1,000,000;
12.15To any overhead damage to the Vehicle or to the property of any third party resulting from such overhead damage.
12.16At any time when the Vehicle was being driven on any of the following roads: Skipper’s Canyon (Queenstown), Te Paki stream bed, Ninety Mile Beach (Northland), the road to Macetown, Tasman Valley Road (also known as old Ball Road), Matukituki Road beyond the Treble Cone access road turn off, Glenorchy-Paradise Road beyond Priory Road turn off or any unformed roads (all 4WD tracks) and/or roads other than asphalt or metal or roads above the snowline; including but not limited to beaches, driveways, river crossings or any surface likely to damage the Vehicle; or
12.17At any time where the Vehicle is operated outside the terms of this agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the Owner to the Hirer.
- TRAFFIC OFFENCES
13.1 All penalties related to traffic and/or parking offences are the responsibility of the Hirer and the Owner may charge the Hirer’s account for any traffic and/or parking offence infringement fees they incur. The Owner will, upon receiving a notice of any traffic or parking offences incurred by the Hirer, send a copy of the notice to the Hirer’s email address as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Hirer. It is the Hirer’s responsibility to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.
13.2 The Owner may also charge an administration fee of $35 (plus GST) to cover the cost of processing and sending to the Hirer notices related to traffic and/or parking infringements.
- CANCELLATION OF HIRE AGREEMENT
The Owner has the right to terminate the rental term and take immediate possession of the Vehicle if it is damaged or the Hirer fails to comply with any of the terms of this agreement. In the event of such termination or repossession the hirer has no right to a refund of any part of the rental charges. The termination of a hire shall be without prejudice to any other rights or remedies of the Owner and the rights of the Hirer under this agreement or otherwise.
- PRIVACY ACT
The information requested from the Hirer is to enable the Owner to assess the Hirer’s request to rent a vehicle. The Hirer does not have to supply this information, but if the Hirer does not, then the Owner may be unable to rent them a vehicle. The Hirer acknowledges that the Owner will collect, hold and use the Hirer’s personal information for purposes related to the rental of the Vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the Owner. The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the Hirer defaults in the payment of any monies owing to the Owner, or other parties involved in an accident with the Vehicle during the rental term; or any organisations responsible for the processing or handling of traffic related infringements or road tolls. The Hirer agrees to the disclosure of their personal information for these purposes.
- GOVERNING LAW
These terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand Courts in respect of all matters relating to this rental agreement.
17.REPLACEMENT VEHICLE (Credit Hire) Information
17.1 You agree to provide to Free2drive all documentation required for Free2drive NZ to claim the Hire Charges on your behalf, including the Registration and Insurance papers relating to your damaged vehicle, your driver’s licence and the driver’s licence of the person driving your vehicle at the time of the collision.
17.2 Upon receipt of notification that the repairs to your vehicle are complete or of a total loss settlement you must contact Free2drive immediately to arrange the location, time and date for us to collect the Vehicle. If you do not notify us immediately you may be liable for the Hire Charges for any day or days after the repairs to your vehicle were completed or after you received notification of a total loss settlement.
17.3 In the event your vehicle is a total loss you agree to provide us with a copy of any settlement notice or letter received immediately.
17.4 You agree to notify Free2drive if your damaged vehicle is moved from one location or repairer to another location or repairer.
17.5 You acknowledge that Free2drive is an independent company and does not represent any insurer or repairer.
17.6 You acknowledge that Free2drive does not organise or coordinate nor is it liable or responsible for the repair, storage, movement or disposal of your damaged vehicle. This is the sole responsibility of the owner of the damaged vehicle.
17.7 You and the driver of your vehicle agree to provide all reasonable assistance to us in recovering the Hire Charges and the cost of recovering them, to include if necessary, attending an adjudication or court hearing.
18.1 A Vehicle inspection will be carried out at the end of the Hire Period. You are responsible for any new damage to the Vehicle identified upon inspection.
18.2 You may also be responsible for any new damage found between the Vehicle being returned and Free2drive inspecting the Vehicle.
18.3 At the end of the Hire Period you must return the Vehicle to the pre-arranged return location, date and time.
18.4 On return, the Vehicle must be clean and tidy, in the same condition it was in on commencement of the Hire Period, fair wear and tear excepted.
18.5 If you do not return the Vehicle to us in accordance with 18.3 and 18.4 you must pay us charges in respect of:
18.6 Each day or part thereof until the Vehicle is returned at the rate set out in the Rental Agreement.
18.7 Any relocation or repossession expenses we incur to recover the Vehicle; and
18.8 A cleaning charge.
18.9 You must return the Vehicle with all of its original components and accessories. You are liable for the replacement cost of any missing components including but not limited to any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics, roof racks