Terms and Conditions (New Zealand)

1. Introduction 

1.1 Thank you for choosing Mighway. Mighway provides an online platform that connects owners who have RVs with persons seeking to rent RVs, which platform is accessible at www.mighway.com.  Mighway also provides related services to both Owners and Guests.   We are very proud of our product and our reputation, and we have built our business on providing the best possible experience for customers.  Your safety and security are our greatest concerns, so to assist you in making your Mighway experience a good one, it is important for you to carefully read these Terms.  Should you have any questions about these Terms, please contact us on freecall 0800 555 695.  These Terms do not exclude, restrict or modify the application of any provision, the exercise of any right, or the imposition of any liability under any New Zealand consumer law statute, where that would contravene the statute.  However, the Consumer Guarantees Act 1993 will not apply to rentals made by you in trade.


1.2 These Terms apply to any use of the Site by you.  You will be asked to confirm your acceptance of the Terms when you register on the Site.  Mighway can vary or replace these Terms from time to time by publishing a new version on the Site.  You will be notified by email (to the email address provided at the time you register on the Site) of any change to the Terms.  Your continued use of Site, following any amendment or replacement of the Terms, constitutes your acceptance of the Terms as amended or replaced.


1.3 Definitions:

 “Damage” includes any and all damage to any part of the Vehicle including broken parts, dents, stains, broken, cracked or chipped windscreens, damaged tyres, theft, fire, break in or vandalism.

“GST” means goods and services tax chargeable under the Goods and Services Tax Act 1985.

 “Guest” means a person who registers on the Site as a guest and who makes a booking in respect of a Vehicle.

“Insurance Provider” means Star Underwriting Agents Limited, trading as Camper Care Insurance. 

 “Mighway”, “we”, “us” or “our” means Tourism Holdings Limited (Transport Service Licence Number 0208420, with its registered office at 83 Beach Road, Auckland City, 1123).

“Mighway Services” means any additional services Mighway provides to a Guest in connection with the hire of the Vehicle.

 “Rental Period” means the period from the day of pick up to the day of return of the Vehicle, as recorded under the relevant booking on the Site.

“Rental Price” means price paid or payable by a Guest for rental of a Vehicle as specified on the Site (which will include the Owner’s Rental Fee, plus a booking fee charged by Mighway plus GST).

 “Owner” or “you” means a person registered as the owner of a Vehicle on the Site.

 “Owner’s Rental Fee” means your fee you specify for hiring out the RV, which will include a daily charge, and any ‘per hire’ charges for cleaning, laundry, additional hire items etc. (inclusive of GST, if any)

 “Pick Up / Drop Off Report” means the report, in the form provided on the Site, to be completed at the commencement and the conclusion of the Rental Period.

 “Site” means the online platform provided by Mighway, accessible at <Mighway.com>.

“Terms” mean these terms and conditions.

"TSL" means a transport service licence issued by the New Zealand Transport Agency.

“Vehicle” or "RV" means a recreational vehicle that has been registered on the Site.

“Vehicle Accessories” means all accessories including camping utensils and other equipment or additional hire items related to the Vehicle.

 

2. Registration as an Owner

2.1 If you wish to use the Site to rent out your RV, you must register as an Owner on the Site, and also register your RV on the Site. To register to be an Owner, you must be at least 18 years old, and you must complete the registration process on the Site.   By doing so, you are deemed to have agreed to these Terms. 


2.2 To register your RV as a Vehicle on the Site:

(a) you must be the owner of the RV, or otherwise have the right to rent the vehicle to Mighway; 

(b) the RV must have a current registration and certificate of fitness;

(c) you must have a comprehensive and current (not third party or third party, fire and theft) insurance policy in place in respect of the RV;

(d) you must provide an accurate and complete description of the RV, including details of its age and any material defects or deficiencies;

(e) you must specify the Owner’s Rental Fee you intend to charge and a location for handover of the RV for both pick up and return (unless Mighway is managing the rental of your vehicle, in which case we will provide these details) .

 

2.3       We reserve the right to accept or decline your application for registration at our absolute discretion.   If, at any point, you or your Vehicle does not comply with clause 2.2, you must remove the Vehicle from the Site and must not accept any booking requests in respect of the Vehicle until the non-compliance is rectified.

 

2.4 You may update the information on the Site regarding your Vehicle at any time, including changing the Owner’s Rental Fee for your Vehicle. However, you cannot change the Owner’s Rental Fee in respect of any booking which has been accepted.

 

2.5 You warrant and represent that the information you provide to us and on the Site is correct, complete, accurate and up-to-date. You agree to promptly notify us of any changes to your information by updating the "profile" section on the Site.

 

3.  Your Conduct

3.1 In connection with your use of the Site and the Mighway Services you agree that you will not:

(a) register as more than one Owner, or register on behalf of any person other than yourself;

(b) contact a Guest for any purpose other than asking a question related to a booking of your Vehicle;

(c) use the Site to find a Guest and then complete a booking of a Vehicle without using the Site or the Mighway Services in order to circumvent the obligation to pay any fees related to the use of the Site or provision of the Mighway Services;

(d) extend any Rental Period otherwise than in accordance with clause 5; or

(e) submit to the Site any false or misleading price information, including any Owner’s Rental Fee that you do not intend to honour.

 

4. Bookings and payment

4.1 Guests will send booking requests to us through the Site.  We will notify you when we receive a booking request for your Vehicle.  You may, in your sole discretion, choose to accept or decline the request.     


4.2       If you accept a booking request we will have 48 hours in which to confirm the booking.  If we confirm the booking within 48 hours, you acknowledge and agree that you are bound to rent the Vehicle: 

(a) if you do not have a TSL, to Mighway for the Rental Period, and that Mighway will rent the Vehicle to the Guest for the same period: or,

 

(b) if you do have a TSL, to the Guest for the Rental Period,


in each case in accordance with these terms. If we do not confirm the booking within 48 hours, but wish to confirm the booking at any point after that, you will have the right to accept or decline the confirmed booking.


4.3       The Rental Price that will be paid by Guest will be calculated as the aggregate of the following amounts:


(a)     the Owner’s Rental Fee; plus

 

(b)     a booking fee charged by Mighway (to cover, amongst other things, the provision of the Mighway Services); plus


(c)      the insurance fee charged by our Insurance Provider, plus GST.  


4.4 The only amount which will be payable by Mighway to you is the Owner’s Rental Fee.


4.5 Mighway will pay the Owner’s Rental Fee to your nominated account on the 10th day of the month following completion of the Rental Period, provided however that if you are not using your own TSL for the purposes of these terms we shall be entitled to deduct from the Owner's Rental Fee an amount equal to the GST we are, or have been, required to pay in connection with the rental of your vehicle. Should the 10th fall on a weekend, Mighway will pay the Owner's Rental Fee on the next working day. 


5. Extension of Rental Period

You agree that a Rental Period cannot be extended or altered by agreement between you and the Guest, and if the Guest wishes to continue to use the Vehicle beyond the Rental Period, they must contact Mighway to arrange an extension. Any such extension must be made by the Guest at least 48 hours before the end of existing Rental Period.  You acknowledge that in the event you breach these Terms and agree directly with the Guest that they may retain the Vehicle beyond the Rental Period, your rights under these Terms will not apply beyond the end of the Rental Period.

 

6. Booking cancellations 

6.1 If a Guest cancels a booking with us which has previously been confirmed, we will cancel the booking of your Vehicle.  The following cancellation fees will be payable by Mighway to you, calculated by reference to when the Guest cancels a booking with us:

Cancellation period

Cancellation fee

30+ days before commencement of Rental Period

15% of Owner’s Rental Fee

8-30 days before commencement of Rental Period

50% of Owner’s Rental Fee

0-7 days before commencement of Rental Period

100% of Owner’s Rental Fee


6.2       The above cancellation fees will be the only amounts payable to you in respect of any cancelled booking, and Mighway will not be liable for any loss suffered by you in respect of cancellation of any booking including, but not limited to, any consequential loss.


6.3       If you cancel a booking (including by failing to make the Vehicle available at the pick up location at the agreed time) you will not receive an Owner’s Rental Fee.  In addition, you must pay the following cancellation fees:

Cancellation period

Cancellation fee

30+ days before Rental Period start

$50 fee

7 - 30 days before Rental Period start

$100 fee

0-7 days before Rental Period start

$200 fee

 

6.4       You will be deemed to have cancelled a booking, and clause 6.3 will apply, if you meet the Guest at the designated pick-up location and the Guest determines that the Vehicle is, in their opinion (acting reasonably), materially different from the description of the Vehicle on the Site, and the Guest validly cancels their booking with Mighway on such grounds. 


6.5 You will not be deemed to have cancelled a booking if:

(a) you meet the Guest at the designated pick-up location and you determine (acting reasonably) that the Guest is unfit to drive, including due to intoxication; and

(b) you notify us immediately of the cancellation and inform us of the reason you cancelled the booking; and

(c) we are satisfied (in our sole discretion) that the reason you cancelled the booking was reasonable in the circumstances.

In such circumstances, the Guest will be deemed to have cancelled the booking and the full cancellation fee (as noted in clause 6.1 above) will be payable by us to you.


6.6 You will also not be deemed to have cancelled a booking if the reason for the cancellation is that the Vehicle was Damaged during a previous Rental Period and, as a result of that Damage, is not fit for hire.

 

7. Vehicle pick up

7.1 You must meet the Guest at the time and place agreed between you and the Guest at the commencement of the Rental Period.  You must ensure that the Vehicle:

(a) has a current registration and certificate of fitness (which will be current for the duration of the Rental Period);

(b) if applicable, has a valid Road User Charge (“RUC”) license which records RUCs of at least the odometer reading of the Vehicle at the commencement of the Rental Period;

(c) is in a fit and proper condition, and all fees payable in respect of the Vehicle under any act, regulation or bylaw have been paid;

(d) is in a clean condition, with toilet capsules and waste water tanks (as applicable) emptied;

(e) has a full fuel tank and full bottles of gas (if applicable) and has all fluids topped up to a level sufficient to last the duration of the Rental Period (including water, oil, transmission, coolant etc);

(f) does not contain any of your personal belongings or effects, other than any items which are included in the hire of the Vehicle;

(g) has a roadworthy spare tyre and all equipment required to replace a tyre (including a jack);

(h) has all New Zealand Motor Caravan Association related materials removed, including membership card and travel directory (as New Zealand Motor Caravan Association benefits are non-transferrable from Owner to Guest). 


7.2 You must, prior to releasing the Vehicle to the Guest:

(a) sight and be satisfied with the Guest’s driver’s licence (i.e. that it is valid and current for the duration of the Rental Period);

(b) complete and sign the Pick Up / Drop Off Report with the Guest.


7.3 It is your responsibility to print and, together with the Guest, complete the Pick Up / Drop Off Report (which must be emailed to us at support@mighway.com within two working days of the end of the Rental Period). You must take the necessary steps to record evidence of any pre-existing Damage to the Vehicle (i.e. photos or a recording) to prove the condition of the Vehicle at the commencement of the Rental Period.


7.4 If you do not hold your own TSL you acknowledge that you are acting as our agent in respect of the handover procedures described in this clause 7, however, whether you are acting as our agent or not, you will not make any representations to the Guest on our behalf or otherwise hold yourself out as acting on behalf of Mighway.


7.5 In the event that Mighway is managing the rental of your Vehicle:

(a) if you hold a TSL and are therefore renting the Vehicle directly to the Guest, you acknowledge that Mighway is acting as your agent in the management of the rental of that Vehicle

(b) you must comply with clause 7.1 above, except that the Vehicle must be delivered to Mighway (rather than to the Guest) two working days prior to the commencement of the Rental Period (or can be dropped of earlier, for an additional fee);

(c) Mighway will handle the basic maintenance (oil, water and tyre check) and basic cleaning to get your Vehicle ready to rent.  If the Vehicle requires any additional works or repairs in order for it to comply with clause 7.1 or otherwise bring it up to rental standard, Mighway will undertake those works at the Owner’s cost (having obtained the Owner’s prior consent).  The cost of such repairs will be invoiced to the Owner or, at Mighway’s discretion, may be deducted in full or in part from the Owner’s Rental Fee;

(d) Mighway will complete a Pick Up / Drop Off Report with you, and will ensure that the Guest approves and signs that Pick Up / Drop Off Report, and that a copy of the Pick Up / Drop Off Report is retained by Mighway. 

(e) Mighway may deduct from the Owner's Rental Fee such amounts as are agreed with the owner from time to time in connection with the management of the rental of the vehicle.


7.6       In the event that there is a mechanical fault or failure of the Vehicle during the Rental Period (which is not caused by an accident), you acknowledge that you will be responsible for the costs to repair that fault or failure.   Mighway will procure or undertake such work as is required to repair the fault or failure, and the cost of such repairs will be invoiced to the Owner or, at Mighway’s discretion, may be deducted in full or in part from the Owner’s Rental Fee.  In the event that the cost of such repairs exceeds the lesser of (i) NZ$500.00 or (ii) the Owner’s Rental Fee, Mighway will obtain the Owner’s consent prior to incurring such costs.


8. Vehicle return and Damage claims

8.1 You must collect the Vehicle at the end of the Rental Period at the time and place agreed between you and the Guest as the drop off location.

 

8.2 It is your responsibility to, together with the Guest, complete and sign the Pick Up / Drop Off Report (which you have previously partially completed at the time of pick up under clause 7.3) and to email a copy to Mighway at support@mighway.com within two working days of the end of the Rental Period. 

 

8.3       If Mighway is managing the rental of your Vehicle, you must collect your Vehicle from the designated Mighway site within two working days following the end of the Rental Period.  A later pickup can be arranged for an additional fee. Mighway will complete a Pick Up / Drop Off Report with the Guest at the conclusion of the Rental Period. Once you have confirmed and signed that Pick Up / Drop Off Report, Mighway will retain the report with its records. 


8.4       Mighway will notify you if the Vehicle is Damaged during the Rental Period.  Our Insurance Provider will then liaise with you to arrange for repair of the Vehicle (including agreeing the time and place of repair).  You should ensure that details and evidence of the Damage (i.e. photos or a recording) are recorded in the Pick Up / Drop Off Report completed at the end of the Rental Period.

 

8.5       If the Damage results in the Vehicle no longer being drivable, the Rental Period ends on the date that the Damage is caused.  You will still receive the full Owner’s Rental Fee in respect of the Rental Period, and our Insurance Provider will then liaise with you to arrange for repair of the vehicle (including agreeing the time and place of repair).  If our Insurance Provider determines that the Vehicle is beyond economical repair (in its opinion), you will be paid the market value of the vehicle, as determined by the Insurance Provider.  The maximum market value payable is NZ$150,000.  If you consider your Vehicle has a market value in excess of NZ$150,000, you must notify Mighway of the estimated market value of the Vehicle at the time of registering on the Site.  Mighway will confirm acceptance of that amount with the Insurance Provider, prior to your Vehicle being accepted as registered on the Site.

 

8.6 If you identify any Damage to the Vehicle that has not previously been notified to you, you must record details and evidence of the Damage (i.e. photos or a recording) in the Pick Up / Drop Off Report completed at the end of the Rental Period.   If you and the Guest cannot agree on any Damage, you must notify us of the dispute by emailing support@mighway.com within 2 working days of the end of the Rental Period.  Clause 14 will apply in respect of any disputes between you and the Guest in respect of any Damage, and you must keep us informed in respect of the status of the dispute.   Once the dispute has been resolved, you must upload the agreed Pick Up / Drop Off Report and notify us by emailing support@mighway.com. Our Insurance Provider will liaise with you to arrange for any repair of the vehicle required (including agreeing the time and place of repair).

 

8.7       If the Damage to the Vehicle is not covered by insurance, you must notify us of any claim in respect of that Damage and we will liaise with you and the Guest regarding any required repairs.  

 

8.8 None of the Guest, the Insurance Provider nor Mighway will be responsible for any:

(a) damage to or faults of the Vehicle identified and agreed as pre-existing damage or recorded in the Pick Up / Drop Off Report completed at the commencement of the Rental Period;

(b) depreciation, gradual damage, corrosion or any fair wear and tear to the Vehicle or Vehicle Accessories during the Rental Period;

(c) damage to tyres by application of brakes or by punctures, cuts or bursts;

(d) damage arising from failure of, or defect or fault in, the design, specifications or materials incorporated into the Vehicle;

(e) mechanical fault (including any breakdown) or failure of the Vehicle that occurs during the Rental Period if the fault or failure is, or is likely to have been (in our, or the Insurance Provider’s, reasonable opinion), caused by an existing issue with the Vehicle; or

(f) mechanical, electrical, alarm or electronic systems or any loss that their failure causes to the rest of these systems; 

(g) consequential loss arising out of any loss or Damage including, without limitation, loss of revenue for any future bookings which must be cancelled due to Damage to the Vehicle caused during the Rental Period.

 

8.9 You agree to provide us and the Insurance Provider with access to the Vehicle at reasonable times to assist with our assessment of any Damage and to undertake any repairs.


8.10 The Owner should submit (together with the Pick Up / Drop Off Report) details of any amounts owed and outstanding by the Guest in respect of:

(a) excess Road User Charges, where the odometer records that the Guest has exceeded 200km per day during the Rental Period;

(b) excess cleaning fees, if the Vehicle is not returned in a clean condition;

(c) fuel and gas charges, if the Vehicle does not have a full fuel tank and full bottles of gas (if applicable) when returned;

(d) dumping fee, if the Guest has not emptied the grey water and waste tanks of the Vehicle prior to returning it;

(e) lost items, if the Guest has returned the Vehicle and additional items included in the hire are missing.


8.11 If Mighway accepts your claim in respect of any matter set out in clause 8.10, we will reimburse to you the applicable the amount(s) as set out in Schedule One.


8.12     If you have any complaints in respect of Damage to your Vehicle (including any repairs), please contact Mighway at support@mighway.com.  Any disputes under this clause 8 will be dealt with in accordance with clause 14.

 

9. Infringement fees

9.1 We acknowledge that you are not liable for infringement fees incurred in respect of parking, speeding, toll, or other traffic offences, or offences under the Freedom Camping Act 2001 involving the use of the Vehicle during the Rental Period.


9.2 If you receive an infringement fee that relates to the use of the Vehicle during the Rental Period, you must send us a copy of the infringement notice received, and/or a copy of any reminder notices received (by sending a legible colour copy to support@mighway.com>), as soon as practicable and no later than 5 working days after you receive the notice.


9.3 We will assess your claim and notify you within 5 working days of receipt whether we accept or reject your claim. If we accept your claim we will pay the relevant enforcement authority on your behalf.

 

10. Suspension and termination of registration

10.1     We reserve the right to alter, suspend or terminate the Site, the Mighway Services, registration of a Vehicle, your status as a registered Owner and your access to the secure section of Mighway.com temporarily or permanently at any time and without prior notice.   Without limiting the above, if you breach these Terms, or repeatedly cancel bookings, Mighway has the right to terminate your status as a registered Owner and remove your profile and Vehicles from the Site.


10.2 An Owner can suspend their account on the Site and remove their profile from public access at any time, provided that no current booking is associated with the Owner at that time. Upon suspension of an account by an Owner, we will remove your profile information from public access (but you agree that we may retain profile information as part of our business records).


10.3 An Owner can reinstate their account and public access to his or her profile at any time, with the approval of Mighway.


10.4 Suspension or termination of an Owner’s account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.


11 Intellectual property and your use of the Site

11.1     The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results of the use of software and tools, advertisements, names, logos and trade marks (together Content) are protected by intellectual property laws unless expressly indicated otherwise.   All rights, title and interest in and to the Content are owned, licensed or controlled by Mighway or the party credited.  Caching, unauthorised hypertext links to the Site, and framing of any Content without Mighway's prior written consent is prohibited.   


11.2 You warrant that you own, or that you are authorised to use and upload, all relevant intellectual property rights in any content that you upload to the Site and you grant us a perpetual licence to use that content to operate the Site and the Mighway Services, including in relation to promotion of the Site and the Mighway Service and making that content available for access, viewing and use by other users of the Site.


11.3     Mighway provides a feedback function on the Site, to allow Owners and Guests to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate. We may remove or redact any feedback provided on the Site at our absolute discretion. 


12. Site and disclaimers

12.1 Subject to the below, we will use reasonable endeavours to ensure that the Site is continuously available without significant disruption or faults (other than during periods of maintenance), and that the information on the Site is accurate.


12.2 The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Mighway:

(a) excludes all representations and warranties relating to the Site and its contents, or which is or may be provided by any third parties (including any Owners or Guests), including in relation to any inaccuracies or omissions in this website, in the descriptions of Vehicles or any information regarding Guests or Owners; and

(b) excludes all liability for damages arising out of or in connection with your use of the Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Mighway of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

12.3 Mighway gives no undertakings, representations, or warranties in relation to any Vehicles listed on or rented through the Site, including the suitability, safety, description, quality, features or specifications of a Vehicle.


12.4     The Site may contain links to third party websites (Linked Sites).   Mighway does not control Linked Sites and is not responsible for their contents or hyperlinks.  Hyperlinks are provided for convenience only, and their inclusion does not imply that Mighway endorses the Linked Site.  Mighway provides no guarantees, representations or warranties as to the nature, content and reliability of any Linked Site, and is not liable for any electronic content of a third party.   You link to any Linked Site entirely at your own risk.


12.5 You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Site (including credit card information) may be read or intercepted by others, even where a website is stated as being secure.  Mighway shall have no liability for the interception or 'hacking' of data through the website by unauthorised third parties.


12.6 The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents. This clause is intended to be for the benefit of, and enforceable by, each such supplier, licensor and agent for the purposes of the Contracts (Privity) Act 1982.


13. Privacy Policy and Confidentiality

13.1 Our privacy policy, governs the collection, use, storage and disclosure of personal information by us. Our privacy policy forms part of these Terms.


13.2 Subject to our privacy policy, any communication or material transmitted to us in connection with the site (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free licence to any information you transmit to us, including ideas, suggestions or other material and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.


13.3 In registering on the Site, you accept that we will use third party sources to run identity verification checks on you, including through the New Zealand Transport Authority database.


13.4 You agree that we, or our related or associated companies, may send you messages about products or services available from us or our related or associated companies to the email address provided by you as part of the registration process or otherwise in connection with the Site or the Mighway Services.


14. Dispute resolution

14.1 Either:

(a) you or we may, at any time while there is a genuine dispute relating in any way to these Terms (Dispute); or

(b) you or the Guest may, at any time while there is a genuine dispute between you and the Guest in relation to rental of the Vehicle or any Damage to the Vehicle,

in each case a Dispute, give written notice (Dispute Notice) to the other party specifying the subject matter of the Dispute and requiring that the other party meets within 10 working days of delivery of the Dispute Notice, to attempt to resolve the Dispute. If the Dispute is not resolved at that meeting (or either party fails or refuses to attend the meeting), the Dispute may be referred to mediation.


14.2     The referral to mediation shall be commenced by a party giving written notice to the other party stating the subject matter and details of the Dispute and requiring the Dispute to be referred to a mediator to be appointed by the parties.  Failing agreement within 10 working days after, and exclusive of, the date the written notice was given, the mediator shall be appointed at the request of a party by the chairperson or any other office holder for the time being of the New Zealand chapter of LEADR, or the nominee of such chairperson or other office holder.  The guidelines which shall govern the mediation shall be set by the mediator.  The costs of the mediation shall be borne equally by the parties.


14.3 Subject to any right any party may have to apply to a court for any interim or preliminary relief in respect of the Dispute, completion or termination of the mediation shall be a condition precedent to the commencement of any other form of dispute resolution proceedings relating to the Dispute or any part of it.


15. Limitation, exclusion of liability and Indemnity

15.1     If the Owner rents the Vehicle, or holds itself out as renting the Vehicle in trade, the provisions of the Consumer Guarantees Act 1993 will not apply.  Otherwise, nothing in these Terms affects the Owner’s rights under the Consumer Guarantees Act 1993 and the Owner shall have the benefit of any guarantees under that legislation (the Consumer Guarantees). 

 

15.2     Except as expressly set out in these Terms, or the Consumer Guarantees, Mighway makes no warranties or other representations with respect to the services provided, and any implied warranties or representations are excluded. 

 

15.3  Except as expressly set out in these Terms, or the Consumer Guarantees, Mighway, its employees or agents will have no liability to the Owner for any loss or damage of any kind whatsoever, except where such loss or damage is due to the negligence or wilful act or omission of Mighway or its employees or agents.


15.4  Subject to clause 15.5, the Owner hereby fully and effectively indemnifies and agrees to keep indemnified Mighway, its employees, agents and contractors and the Guest (each an Indemnified Party) against every liability, loss, damage, cost or expense sustained, suffered or incurred by any such Indemnified Party arising out of or in connection with any breach of these Terms by the Owner or any negligence, fraud, dishonesty, or misrepresentation of the Owner.

 

15.5 To the extent permitted by law, neither party will have any liability under these Terms for any indirect or consequential losses, including loss of profits, business, income or savings.


16. General

16.1 Where these terms require a party to make payment, reimburse or indemnify the other party for any amount, payment, expense, loss or outgoings (reimbursable expense) the amount required to be paid by the first party shall be the sum of:

 

(a) the amount of the reimbursable expense less any input tax deduction to which the other party is

entitled in respect of the reimbursable expense; and

(b) if the other party's recovery or payment from the first party is deemed to be consideration for a supply

made by the other party to the first party, any GST payable in respect of that supply.


16.2 As a vehicle owner you can operate using your own TSL, provided you meet the conditions set out below. If you do not hold a TSL license there is no need to do anything - you can continue to hire out your Vehicle using the Mighway/Tourism Holdings TSL.

 

16.3 If you wish to operate using your own TSL you must send a certified copy of your TSL to support@mighway.com.  If we receive a valid copy of your TSL at least 5 working days (Monday to Friday inclusive) prior to the 10th of the month, the change will be registered from the start of the following month.  If we receive a copy of your TSL after this time (for example, on the 20th of the month), the change will not come into force in the immediately following month, but will come into force in the following month.  For example, if you provide your TSL on 2 October, the change will come into effect at the start of November.  However, if you provide your TSL on 20 October, the change will not come into force until December. 

 

16.4 If you wish to operate using your own TSL you agree and acknowledge that:

(a) you appoint Mighway, and Mighway will act, as your in agent in relation to the following matters:

(i) invoicing the Guest for the Owners Rental Fee; and

(ii) the collection of the Owner’s Rental Fee;

(b) you will rent the Vehicle directly to the Guest in accordance with clause 4.3 of the Mighway Guest Terms and Conditions (New Zealand), a copy of which is available on the Site;

(c) will be solely responsible for complying with your GST obligations;

(d) you will confirm to Mighway whether or not you are GST registered and (if appropriate) will supply Mighway with your GST registration number; and

(e) the Mighway Services will remain the same.

 

 

17. General

17.1 These Terms are governed by the laws of New Zealand.


17.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms.  


17.3 If any of these terms is unenforceable the remaining provisions will remain in effect.



SCHEDULE 1: FEES

The Additional Fees are as set out in the below table 

Additional Fee name 

Additional Fee amount  

Late Return Fee

Pro-rated hourly cost of Vehicle
If late return impacts next rental, full daily rate due

Cleaning Fee

As per Owner

Fuel Fee

Cost of fuel to fill tank

Dumping Fee

$50 fee

Excess Kilometres

$20 per 100kms exceeded e.g. $20 would be charged for an excess of 78km while an excess of 247km would be charged at $60

Lost Item Fee

Owner’s listed item value or Amazons Internet retail pricing of comparable item

 


Late return Fee: Incurred if the Guest returns the Vehicle after the agreed upon end of the Rental Period.

Cleaning Fee: Incurred if the Guest returns the Vehicle in an excessively dirty state such that additional attendances will be needed to return the Vehicle to a rental-ready state.

Fuel Fee: Incurred if the Guest returns the Vehicle with less petrol than when it was picked up at the beginning of the Rental Period.

Dumping Fee: Incurred if the Guest fails to empty the grey water and waste tanks of the Vehicle prior to returning it.

Guest’s Booking Fee: Incurred when a Booking is created. This fee allows Mighway to sustain the platform and provide other services, such as insurance.

Lost Item Fee: Incurred if the Guest misplaces or damages any other items in the RV during the Rental Period.