Terms and Conditions
CANCELLATION POLICY
Cancellations are subject to the following conditions;
7 days or more notice. Booking fee applies equivalent to 3 days rental.
2-6 days notice 50% charge
1-day notice Full charge
TERMS AND CONDITIONS OF RENTAL AGREEMENT
1. DEFINITIONS
In this Agreement the following expressions shall have the following meanings:-
(a.) “Pacific Rentals” means the Cook Islands Licensee, Pacific Rentals Limited.
(b.) “Rate card” means the card specifying the charges of hire, excess and third party cover insurance published from time to time by Pacific Rentals.
(c.) “Rental period” means the period commencing with the time of rent and ending either when the vehicle is returned as specified (including any extension) or when Pacific Rentals receives proper confirmation of the theft or destruction of the vehicle.
(d.) “The Renter” includes any person who signs this Agreement and any person whose agent signs this Agreement.
(e.) “The Vehicle” means the vehicle described overleaf or any substitute vehicle and includes all parts and components of the vehicle including tyres, spares, tools, and other accessories.
(f.) “Damage to the vehicle” includes loss of and damage to the vehicle, its tyres, tools and accessories and any costs incurred by Pacific Rentals in connection with the loss or damage.
(g.) “Excess” means the amount referred to overleaf as “responsibility”.
(h.) “Person” includes any Company, Corporation, Government Department or Statutory Authority.
2. RENT OF VEHICLE*
(a.) The Renter agrees to rent from Pacific Rentals and Pacific Rentals agrees to supply on hire a vehicle to the Renter on the terms and conditions contained in this Agreement.
(b.) By taking the vehicle the Renter acknowledges that it is suitable for the purpose use or operation required by the Renter.
3. WARRANTY
A drivers licence is obtained from the Cook Islands police department not the Ministry of Transport. Below is some information on the road rules and how to obtain a drivers licence in the Cook Islands
The standard left-hand rule applies to driving in the Cook Islands. The maximum speed limit in the main township is 30 km/h and in villages around the rest of the island is 50km/h.
Visitors from Australia, New Zealand, US, Canada, UK and the EU can now drive in the Cook Islands for up to six months using their full overseas license; provided it does not expire, is revoked, suspended or disqualified in that time. On an overseas license, you will only be allowed to drive the class of motor vehicle that you are entitled to drive in your home country.
4. DRIVING THE VEHICLE
The Renter undertakes;
(a.) not to permit or allow any other persons except as specified pursuant to this Agreement to drive the vehicle provided that if the Renter is a government department or agency the Renter’s agent may drive the vehicle on condition that the driver complies with the warranties contained in clause 2. The Renter shall be liable to the owner for any breach or failure to comply with those warranties or obligations by the agent;
(b.) not to use the vehicle for any illegal purpose, for any race or contest, to tow or to propel a vehicle or trailer or carry more passengers or load than that for which the vehicle was built;
(c.) not to drive the vehicle with after having consumed intoxicating liquor or drugs;
(d.) to undergo any test directed by a member of the Police force for ascertaining whether the Renter is intoxicated;
(e.) not use or allow the use of the vehicle for the conveyance of passengers for reward;
(f.) not to abuse or misuse the vehicle or drive or use it when it is damaged or unsafe;
(g.) not to drive or allow the vehicle to be driven on any beach or foreshore in or through sea water or fresh water or on any ungraded or untarsealed road;
(h.) not to convey a load incorrectly or improperly secured or to damage the vehicle in the conveyance of any load;
(i.) to report within fifteen hours to Pacific Rentals any damage to or theft of the vehicle (and in the case of theft report the same to the Police immediately upon discovery of any theft) and to complete forthwith such form or forms as Pacific Rentals may require relating to such accident or theft;
(j.) to reimburse Pacific Rentals for any fines paid or legal costs incurred by Pacific Rentals arising out of the Renter’s possession of the vehicle;
(k.) to obey all traffic laws for the time being in force in the Cook Islands;
(l.) not to allow the vehicle to be operated with insufficient oil in the sump,gear box or rear axle or insufficient water in the battery or radiator or with any tyre insufficiently inflated;
(m.) to report to Pacific Rentals at the earliest practical opportunity any defect in the motor or moving parts of the vehicle;
(n.) not to remove the vehicle from the island on which it is rented;
(o.) keep vehicle keys secure and lock vehicle while unattended
(p.) not to pack under a coconut trees
5. RETURNING THE VEHICLE
(a.) The Renter will return the vehicle to Pacific Rentals:- (i) at the place, date and time specified overleaf or if an extension had been granted by Pacific Rentals then at such later place, date and time as agreed; and (ii) in the same condition as it was when rented, fair wear and tear and unforseen breakdowns or defects excepted.
(b.) Pacific Rentals may terminate this Agreement and repossess the vehicle without notice if Pacific Rentals suspects that the Renter has breached this Agreement or if Pacific Rentals believes it is likely that damage or injury may occur.
(c.) If Pacific Rentals repossesses the vehicle under the above circumstances, the Renter remains liable to pay to Pacific Rentals all costs and charges already incurred under this agreement.
6. PAYMENT
The Renter agrees to pay to Pacific Rentals on demand at the address of Pacific Rentals printed on the reverse (after due allowance for any prepayments) the aggregate of:-
(a.) the rental charge for the vehicle during the period, the damage waiver fee and any other fees or charges appearing overleaf.
(b.) all taxes, charges, levies and tolls payable to any authority in respect of this Agreement or the use of the vehicle;
(c.) except when otherwise provided the charge for returning the vehicle to the address stipulated in this Agreement including but not limited to towing charges and repossession charges;
(d.) all money for which the Renter is liable to Pacific Rentals under this Agreement in respect of damage, loss or otherwise.
The Renter authorises the owner to complete any documentation for the purposes of the Renter making payment through a credit card system or other credit accommodation extended to the Renter and accepted by Pacific Rentals.
7. ACCIDENTS AND DAMAGE
Without limiting the liability contained in clause 11:-
(a.) if the renter has not agreed to pay the “Collision Damage Waiver” the Renter is liable in respect of damage to the vehicle however caused to pay to Pacific Rentals an amount not exceeding the Excess.
8. DAMAGE TO THIRD PARTIES
(a.) Pacific Rentals has arranged an insurance policy limited to the maximum specified in the rates card against liability of the Renter for damage to property of persons other than the Renter or property in his physical or legal custody arising from the use of the vehicle. The Renter acknowledges that Pacific Rentals is not and has not represented itself to be carrying on the business of insurance.
(b.) Liability under clause 8(a) is not covered by the policy; (i) where the Renter is entitled to indemnity under another insurance policy; or (ii) where the Renter is liable to Pacific Rentals for damage to the vehicle under clause 7(a)
(c.) Subject to the other provisions of the Agreement if the Renter has not agreed to pay the Collision Damage Waiver then the Maximum aggregate liability of the Renter for damage to the vehicle and property of third parties shall not exceed the Excess.
9. LIABILITY OF Pacific Rentals
(a.) Pacific Rentals gives no warranty except those implied by any statute of the Parliament of the Cook Islands or any regulation or order as to the condition of the vehicle, but nothing herein restricts the Renter from exercising the Renter’s rights and remedies under any such statue. Where any such statute permits Pacific Rentals to limit liability for breach of an implied condition or warranty, Pacific Rentals limits liability to replacement, repair or resupply and in particular Pacific Rentals is not liable for any indirect or consequential loss or damage; and
(b.) Pacific Rentals is not liable to any person and the Renter indemnifies Pacific Rentals for any loss or damage to any property stolen form the vehicle or otherwise lost during hiring or any property left in the vehicle after its return to Pacific Rentals.
10. CLAIMS AND PROCEEDINGS
Where use of a vehicle by the Renter results in any claim, accident, damage or loss, the Renter:-
(a.) will not, without the written consent of Pacific Rentals, make or give any offer,promise, payment, settlement, waiver, release, indemnity or admission of liability;
(b.) agrees Pacific Rentals or its insurer may at its own cost bring, defend, enforce or settle any legal proceedings against third parties;
(c.) will complete and furnish to Pacific Rentals within a reasonable time any statements, information or assistance which Pacific Rentals or its insurer may reasonably require, including attending at lawyer’s offices and at Court to give evidence.
11. LIABILITY OF RENTER
In addition to any liability of the Renter elsewhere contained in the Agreement the Renter agrees;
(a.) to pay Pacific Rentals for all damage to the vehicle where there has been a breach by the Renter of the Agreement or where the Renter has made an incorrect statement;
(b.) without limiting (a) above to pay on demand in the event of a breach of clauses 4(f), (g), (h) or (i) at the sole option of Pacific Rentals either:- (i) the cost of all damage, if any, to the vehicle; or (ii) $600.00 as liquidated damages;
(c.) to pay Pacific Rentals interest at the rate of two percentum (2%) per calendar month or part thereof on any amount due to Pacific Rentals under this Agreement.
12. GENERAL
(a.) This agreement shall be construed in accordance with the laws of the Cook Islands.
(b.) Where the Renter is more than one person liability shall be joint and several.
(c.) Waiver by Pacific Rentals of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.
(d.) Words importing gender shall include other genders and words importing number shall include both singular and the plural.