WIXLIB

Termination of Rental Agreement– the vehicle is not returned by the agreed return date; We reserve the right to terminate your Agreement without notice and takeimmediate possession of the vehicle if:– Ace considers on reasonable grounds that the vehicle is at risk of beingdamaged; or– the vehicle is involved in an accident, breaks down, or requires repair or salvage;– you have not paid an invoice or any other request for payment (whether verbalor in writing) or your credit card charge id declined or your bank reverses thecharge made to your card and you fail to pay the amount due within 24 hoursof being notified by Ace that the amount is outstanding;– Ace is required by the police or any other regulatory authority to takepossession of the vehicle from you;– we reasonably believe you have materially breached, or are likely to materiallybreach, the Agreement;– Ace believes on reasonable grounds that an event or occurrence constitutinga Cover Exclusion has taken place or is likely to take place. We may terminateyour Agreement at any time on 30 days’ notice and take the vehicle back at anytime at your expense. Any terms of the Agreement that are intended to apply after the termination ofthe Agreement, will survive including the terms in Damage and Loss on page 5. In the event of termination and/or repossession you will not be entitled to arefund of any part of the rental charges in so far as the termination and/orrepossession is caused by your actions or omissions.Pick UpCharges You agree to pay Ace for all charges with a credit card or Visa/Mastercarddebit card that is accepted by Ace or by cash at time of pick up and in additionauthorise Ace to reserve a security bond (payable by credit card only) tocover any other charges or liability that may arise during the rental period. Your Rental Agreement will show the amount prepaid to Ace and a securitybond. You authorise Ace to charge your card for any amount owed to Ace upto 60 days after the vehicle has been returned. If the Card is not in your name,you guarantee Ace has authority to charge the Card under the Agreement. For a further explanation on the Rental Agreement charges, please see Annexure1 (Charges Explained) for an explanation of these fees or they can be discussedwith the Ace staff member at time of pick-up or checked online before travellingat www.acerentalcars.co.nz/faq.ImportantYou are responsible for returning the vehicle in the same condition as it wasin when we provided it to you, subject to fair wear and tear. The Ace Fair Wearand Tear Guide can be found online at www.acerentalcars.co.nz/fwt.Please see the Damage and Loss section on page 11 to understand yourresponsibility for damage and loss to the vehicle and Annexure 2 (DamagePolicy) on page 17 to understand how we will process damage caused duringyour rental. Fuel: We provide the following options:– Return with a full tank: Return the vehicle with a full tank of fuel purchasedfrom a local fuel station.VehicleDefinitions in the Rental Terms to: “the vehicle” means:– the vehicle described on the Rental Agreement that Ace supplies to you,and includes all vehicle parts, tyres, tools (supplied with the vehicle); and– except for the purposes of describing the goods covered under the MinimumCover and the ACE Cover Options, also includes all other accessories orequipment in or fitted to the vehicle by the manufacturer or by Ace, such askeys, child restraint seats, GPS devices and a Vehicle Monitoring Systems.For the avoidance of doubt any loss or damage to keys or any accessorieson hire is not covered by the Minimum Cover or Ace Cover Options; “VMS” means a Vehicle Monitoring System. The vehicle may be fitted with asystem which can be used to lock and unlock the vehicle doors and tracks andrecords the geographical location, distance and speed of the vehicle during therental period. It can also be used to immobilise the vehicle. You agree that we cantrack and record your location and your use of the vehicle using the VMS, whichmay include your personal information. Refer to Annexure 4 (Privacy Notice). Condition: It is your responsibility to check the vehicle condition at the start ofthe rental period and on return. Pre-existing damage will be noted on our VehicleCondition Report on your Rental Agreement. Care: You are responsible for looking after the vehicle, ensuring the vehicle is notused in a manner constituting a Cover Exclusion and for returning the vehicle inthe condition Ace provided it in, subject to fair wear and tear. You will take allreasonable care in handling and parking the vehicle. You will ensure the vehicleis securely locked when not in use. You must ensure you use and maintain thecorrect fuel, refilling as necessary. You must ensure the vehicle is not operatedwhilst any warning light or hazard indicator is activated. If any warning light isactivated, you must stop driving as soon as it is safe to do so, call our roadsideassistance and notify us as soon as practicable. You must also notify us assoon as practicable and in any event within 24 hours following any breakdownor damage to the vehicle. Maintenance: In the case of a long term rental (being a rental over 30 days), ifthe rental period spans the normal maintenance period (being the next servicenoted on a sticker inside the windscreen, a service indicator illuminating on thedashboard, or after 10,000kms – whichever comes first) you must return thevehicle to the nearest Ace location to arrange for the Vehicle to be serviced orexchanged.ImportantFuel gauges may still indicate “full” many kilometres after it was last re-filled.We ask you refill the vehicle within 15 km of the return location and bring yourfuel receipt with you on your return. We ask you to present a copy of the fuelreceipt to an Ace staff member or leave a copy in the vehicle. If you do not doso, we reserve the right to apply a small charge – please ask at the counterfor details.– Return without refuelling: We charge you a price per litre to refill the tank,in addition to a Refuelling Service Fee for our service of re-fuelling for you.These prices are indicated on your Rental Agreement.If you have any further questions, please ask an Ace staff member orwww.acerentalcars.co.nz when you pick up your vehicle. Child seats: It is your responsibility to ensure appropriate child seats have beenfitted for children travelling in the vehicle and that they have been fitted correctly.Ace is not responsible for any fines, injury, death or other losses caused by nothaving child seats fitted or by children not being restrained in the suppliedchild seats.ImportantYou must comply with mandated seat belt and child seat restraint lawsapplicable in New Zealand. Child seat restraint laws apply to all children7 years of age and younger. Fines may be imposed by police on any occupantnot wearing a seat belt or who has not fitted or properly adjusted a child seatrestraint.You are responsible for the child seat in the vehicle.Never leave a child unattended in the vehicle.Cover Exclusions You must not use or allow the vehicle to be used in a manner constituting aCover Exclusion. If a Cover Exclusion causes, or contributes to, loss or damage to the vehicle,you are liable to us for that loss or damage up to the full value of the vehicle andrelated losses and fees including 3rd party damage as explained in the ‘Damageand Loss’ section on page 5.Your Rental Terms3

It is agreed between you and Ace that section 11 of the Insurance Law ReformAct 1977 shall apply with respect to these Cover Exclusions as if this provisionconstituted a contract of insurance.Cover Exclusions are: you or your passengers acted recklessly or with deliberate intent to cause lossor damage to the vehicle; the vehicle is damaged in the following manner:– the driver causes the vehicle to roll, tip or fall over;– the driver causes underbody or overhead damage to the vehicle (i.e. damageoccurring above the windscreen line to the front, rear or side of the vehicle,including but not limited to where the vehicle strikes an overhead oroverhanging object); or– a person sits or stands on the roof or bonnet of the vehicle;– driving the vehicle with a flat tyre, ignored a warning light, put the wrong fuelin the vehicle; or– any loss or damage to keys or any accessories on hire. driving the vehicle while under the influence of any drug, substance orintoxicating liquor to the extent that the driver’s ability to control the vehicleis impaired or where the driver’s blood level of any drug or alcohol is over theapplicable New Zealand legal limit. If a person refuses or fails to provide a breath,blood or other sample when lawfully required to do so by police or as required bylaw, the driver is deemed to be over the legal limit (for the avoidance of doubt thisincludes operating the vehicle or allowing it to be operated in circumstances thatconstitute an offence against sections 56, 57, 57AA, 57A, or 58 of the LandTransport Act 1998);Key InformationVehicle CleanlinessYou may incur additional charges if the vehicle is returned in an excessivelydirty condition or with excessive odour including but not limited to: the smell of tobacco from smoking in the vehicle; dirtiness or smell caused by having animals in the vehicle excludingdisability assist dogs; or excessive dirt or mud on the exterior of the vehicle.Snow Regions There are special restrictions that apply when driving an Ace vehicle inan alpine region or in the snow. If these restrictions are not complied withyou may be responsible for any and all damage arising from the use of thevehicle in an alpine region or in the snow and the Minimum Cover or AceCover Options purchased will not be applicable. If you are planning to travelto an alpine region or in the snow please check with your Ace location thatthe vehicle is fit for purpose and whether snow chains are required. You must ensure that you comply with any legal requirements relating tothe fitment of snow chains and that you fit snow chains correctly. Failureto do so will be considered to constitute a Cover Exclusion and you will befully liable for any resulting damage. You must at all times ensure plastichub caps are removed prior to fitting snow chains. Snow chains must betightened after 50m to avoid damage to the rims and to put the hub capsback on the vehicle when the chains are removed. fitting of objects to the interior or exterior of the vehicle not authorised by Ace; failing to take reasonable precautions to safeguard the vehicle such as leavingwindows open or keys in vehicle, or failing to use the anti-theft system (ifprovided);Important the use of the vehicle by a person who was not authorised by Ace as the main oradditional driver; If an event/occurrence listed as a Cover Exclusion occurs, we may terminatethe Agreement, take back the vehicle at any time at your expense and youwill remain liable to pay the hire charges for each day you agreed to hire thevehicle as set out in the Rental Agreement. the vehicle is used on a racetrack or for racing or undertaking reliability trials,rallies or other contests; If an event/occurrence listed as a Cover Exclusion above causes orcontributes to loss or damage to the vehicle: the vehicle is used for committing an illegal or unlawful act; the vehicle is sub-rented, transferred or sold; the vehicle is used to carry passengers (e.g. as a taxi or car sharingarrangement) unless Ace consents in writing to the use of the vehicle in a smallor large passenger service licensed under Part 4A of the Land Transport Act1998, or to carry cargo, for hire, reward or remuneration; the vehicle is used for hauling any goods incorrectly or inappropriately loaded or forthe haulage of which the vehicle was not designed (including any hazardousmaterials, such as any gases or substances which may form explosive mixtures); or the vehicle is used for towing a trailer or any other vehicle, unless the vehicle hasa towbar fitted by Ace, in which case you have permission from Ace to tow atrailer provided the weight and dimensions of the item being towed do notexceed the specified capacity of the vehicle (refer to the vehicle capacity guidein the following link); the vehicle is overloaded with passengers and/or baggage; the vehicle is driven on a beach or through a flooded road or otherwise through abody of water (including but not limited to a pothole, ditch or riverbed), or naturaldisaster which could be avoided including fire, storm or cyclone; the vehicle is driven in any of the following areas:– you are responsible for any damage or losses up to the full value of thevehicle and other fees, related losses and expenses including towingand 3rd party damage as explained in the ‘Damage and Loss’ sectionon page 11;– your liability is not limited to the Accident Damage Excess (ADE); and– you lose the benefit of any Ace Cover Option you have purchased.Drivers The vehicle may only be driven by you and any other additional driver(s) named inthe Rental Agreement. Any person driving the vehicle must be 18 years of age orover and must hold and present when the vehicle is picked up, a current driverslicence that:– is in English or, if not in English, is accompanied by an English translationprovided by a NZ Transport Agency approved translator;– is valid for driving the vehicle;– is not a learner’s or restricted permit; and– satisfies any other conditions on the Rental Agreement or in any Additional Terms. (a) off-road (including on any beach whatsoever (including 90 Mile Beach),tracks, fields or paddocks), or (b) driven on roads other than tar-sealed or metalroads, or (c) driven on Skippers Canyon Road (Queenstown), or (d) the road toMacetown in the Queenstown area; You are responsible for ensuring that all additional driver(s) comply with theterms of this Agreement and you assume responsibility for any and all acts ofeach additional driver(s) as if they were your acts or omissions. interfering with the distance recorder, speedometer, transmission, braking orsuspension system or any part of the engine of the vehicle;Vehicle Monitoring System (VMS) allowing the vehicle to be operated outside your authority; or operating the vehicle or allowing it to be operated in breach of the LandTransport Act 1998, the Land Transport (Road User) Rule 2004, or any other Act,regulations, rules or bylaws relating to road traffic. driving or allowing the vehicle to be driven by any person, if at the time of driving,the driver is not the holder of a current driver licence appropriate for the vehicle;Our vehicles may be fitted with a VMS which can be used to lock and unlock thevehicle doors and track and record the geographical location, distance and speedof the vehicle during the rental period. It can also be used to immobilise the vehiclein the event of non payment or if we have reasonable grounds to suspect thevehicle is being or will be used for a Cover Exclusion You agree that we can trackand record your location and your use of the vehicle using the VMS, which mayinclude your personal information. Refer to Annexure 4 (Privacy). the vehicle is used for committing an illegal or unlawful act (other than a trafficoffence which does not automatically result in the loss of a drivers’ licence in theapplicable State or Territory); the vehicle is used in a manner that, in Ace’s reasonable opinion, brings Ace intodisrepute or publicly associates Ace with any particular political, religious,promotional or activist position.Your Rental Terms4

During Your RentalFines, Tolls and Other Charges You are responsible for all fines, private parking charges and other similarcharges incurred during the rental including infringement fees for speeding orparking offences, offences relating to a failure to comply with directions givenby a traffic signal or offences under the Freedom Camping Act 2011 (such asfreedom camping in breach of local bylaws). If an offence is committed during the rental period:– you will be liable for the costs related to that offence, whether or not you werethe driver at the time;– we will transfer liability for the offence to you by passing on your details to therelevant authority and charge you a Processing Fee. The Processing Fee ischarged to your Card provided at the time of Rental;– you have the right to challenge, complain about, query or object to the allegedoffence directly to the authority that has issued it; and– you have the right to ask for a court hearing in connection with any offence(but you must ask for this within 56 days of the offence notice being issued,or within 28 days of the reminder notice). In the event that we are unable to transfer liability for the offence to you bypassing on your details to the relevant authority, we will charge your Card for thetotal amount of the offence and we will pay this to the appropriate authority assoon as we can.ImportantIn addition to any fine, or parking charge you incur, we may also apply aProcessing Fee to cover the time and costs we incur in dealing with thesematters. Please refer to Annexure 1 (Charges Explained).Breakdown Assistance: If you experience mechanical failure you must stop driving (as soonas practicable), park the vehicle and call our roadside assistance (see back ofrental booklet). You must not re-commence driving the vehicle unless directed todo so by the roadside assistance service. You must not move the vehicle unlessthis is necessary to prevent future damage to the vehicle or other property. Cost: we provide complimentary roadside assistance for vehicle problems thatwere not your fault. If the problem was your fault (e.g. running out of fuel, losing thekeys or locking keys in the vehicle), you are responsible for the cost of providingroadside assistance and any parts provided. If you have purchased PremiumRoadside Assistance Cover, you will not pay the call out fee for roadside assistance. You must not allow anyone to service or repair the vehicle without our permission.Accidents If you have an accident or if the vehicle is stolen you agree to co-operate withus in any investigation or subsequent legal proceedings. You must take thefollowing steps: Notification: you must inform Ace as soon as practicable, and in any event within24 hours in the event of any accident irrespective of whether the vehicleis damaged or lost, or in the event of theft. Report the accident to police as soonas you can if anyone has been injured or property damaged. Vehicle Incident Report (VIR): complete the VIR providing details of youraccident or theft including any third party information even if no damage tothe vehicle. The VIR must be completed and signed by you and provided to anAce staff member when you return. Alternatively the VIR can be found onlineat www.acerentalcars.co.nz/vir. Do Not Admit Fault: if you have an accident involving another vehicle, you mustobtain the other driver’s name, address, telephone number, insurance companydetails, drivers licence number, vehicle registration, vehicle make/model and acopy of the police report if one was created. Further details regarding accidents are in Annexure 2 (Damage Policy). Replacement vehicle at Ace’s discretion: Ace may exercise reasonablediscretion to terminate your rental and not provide a replacement in the eventof an accident or theft of the vehicle.You are also invited to take time stamped photographs of any damage to thevehicle and submit these to an Ace representative as soon as practicable, andin any event within 24 hours, in the event of an accident.Important You must notify Ace as soon as practicable, and in any event within 24 hoursin the event of an accident. You must provide all information related to the accident within 48 hoursof any requests made by Ace including any papers or other documentsreceived by you concerning the accident. You consent to and authorise Ace to obtain copies of police witnessstatements or reports made in relation to the accident or for any policecharges against you. Ace may exercise reasonable discretion to terminate your rental of thevehicle a

Agreement Your Rental Agreement is the document you sign on vehicle pick up and includes a summary of your rental agreement (e.g. length, optional services purchased and an estimate of charges to be paid). Signing the Rental Agreement is confirmation the details are correct and your acceptance of: