Terms and Conditions (New Zealand)
1.1 Thank you for choosing Mighway. Mighway provides an online platform that connects vehicle owners with guests seeking to rent recreational vehicles and create unforgettable experiences, the 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 free call 0800 555 696. 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.
“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 TH2connect LP (Transport Service Licence Number 0317722, 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) (GST inclusive).
“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 vehicle, which will include a daily charge, and any ‘per hire’ charges for cleaning, laundry, additional hire items etc. (inclusive of GST, if any)
“Owner Rental Payments” means the total amount which will be payable by Mighway to you. This includes the Owner’s Rental Fee (less our commission) plus any applicable additional fees or add-ons, such as a cleaning fee or equipment rental. It also includes any deductions associated with the rental of your vehicle and GST.
“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” 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 vehicle, you must register as an Owner on the Site, and also register your vehicle 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 vehicle as a Vehicle on the Site:
(a) you must be the owner of the vehicle, or otherwise have the right to rent the vehicle to Mighway;
(b) the vehicle must have a current registration and certificate of fitness;
(d) you must provide an accurate, complete and not misleading description of the vehicle, including details of its age and any material defects or deficiencies, any notable additional items, the fuel type used, number of people who can travel in the vehicle with a seatbelt on.
Mighway does not take responsibility for inaccurate listings.
(e) you must specify the Owner’s Rental Fee you intend to charge and a location for handover of the vehicle 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 directly of any changes to your information, or 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 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 approve or decline the request.
4.2 If you have set your listing to ‘instant book’ you are agreeing to accept and confirm bookings with the guest at the point of booking confirmation. You agree that not going ahead with a booking that has been confirmed via instant book constitutes a cancellation, and that you will be liable for any cancellation fees as laid out in section 6.
4.2 If you approve a booking request the guest will have 48 hours in which to confirm the booking. If the guest does confirm the booking, 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, (clause is redundant, same responsibilities and process regardless of TSl status)
in each case in accordance with these terms.
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; referred to as ‘daily rate’ on the website plus
(b) a booking fee charged by Mighway to the guest (to cover, amongst other things, the provision of the Mighway Services); plus
(c) the insurance fee charged by our Insurance Provider,
(d) if applicable, any add-ons offered by their Mighway or the owner that the guest has added to their booking
4.4 The only amount which will be payable by Mighway to you is the Owner’s Rental Fee (less our commission) plus any applicable additional fees or add-ons, such as a cleaning fee or equipment rental (no commission is taken from payment for these additional items)
4.5 Mighway will at times offer promotion codes to guests, if these are applied by the guest these reduced amounts are covered by Mighway, promotion codes do not affect the amount paid to owners.
4.6 Mighway release owner rental payments in weekly batches, your nominated bank account will be credited between 7 and 14 days following booking completion. Typically these funds are released on a Monday, should Monday fall on a bank holiday; payments will be released on the next working day.
Provided you are not not using your own TSL for the purposes of these terms, or are GST registered and have notified us of this, 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.
It is the responsibility of the owner to ensure all TSL, GST, and bank account details are valid and kept up to date.
4.7 Mighway reserves the right to demand payment in full for any outstanding account balance pertaining to the rental of your vehicle through Mighway at any time. We may at our discretion allow owners to accrue debt up to but not exceeding $1000.00 NZD and deduct any outstanding balance from your future rental income.
4.8 Mighway will not make payment until receipt of a completed pickup and drop-off form, and any completed forms received after 48 hours of rental conclusion will only be paid at Mighways discretion.
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 at our discretion, calculated by reference to when the Guest cancels a booking with us:
6.2 If the guest has paid a 15% deposit to secure the booking and fails to pay the balance 30 days from commencement of the Rental Period, Mighway will allow the guest a 3 day grace period to provide final payment. If the guest does not pay this balance after this period, the booking will be cancelled and the owner will receive the 15% of Owners 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:
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 with Mighway 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; and allows enough RUC to cover the guest for the duration of their hire. Mighway recommends at least 200km per rental day. The vehicle owner will be liable for any fines a guest receives due to inadequate RUC
(c) is in a fit and proper condition, including having all fitted and spare tyres within the legal tread limit, 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 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).
(h) is as advertised on the website, with vehicle condition and all amenities as per the listing description. It is the owners responsibility to keep their listing up to date, and to notify both Mighway and guests immediately if there are any changes to a vehicle between the time of confirmation of a booking and the commencement of that same bookings Rental Period.
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, including having an approved translation if license is not in full english);
(b) complete the Pick Up / Drop Off Report with the Guest, and ensure both you and the guest sign this report.
(c) arrange with the guest the time and location for vehicle return to take place on the last day of the hire
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 email@example.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. Guests need to be either provided with a copy of this report at time of pickup and return, or given the opportunity to record the details of this report themselves (i.e a photograph of the form)
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) Mighway will handle the basic safety and maintenance 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 once owner approval has been received. The cost of such repairs will be invoiced to the Owner directly or, at Mighway’s discretion, may be deducted in full or in part from the any upcoming Owner’s Rental Fees;
(d) Mighway will complete a Pick Up / Drop Off Report with you at the time your vehicle is delivered and collected from the managed location and a copy of this Pick Up / Drop Off Report will be 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.
(8) On-road procedures
8.1 Mighway provides 24/7 On road support through our affiliate partner's, New Zealand Roadside Assistance.
8.2 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 and any towing costs associated due to 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. If the said repair/s cost is less than (i) $500. The required repairs will be approved to proceed. The owner will be notified once the said repairs have been completed.
8.3 Should the guest undergo repairs due to a mechanical fault or failure (not caused by a contingency), we ask our owners to not arrange any repairs with the guest directly. Unless it has been sanctioned through one of the Mighway staff. In the event the vehicle is not able to be repaired within 24hours of Mighway being notified, and/or the workshop requires an elongated duration for the vehicle to be repaired. Mighway will notify the owner on what may be required.
8.3a Should you opt to proceed with the repairs through the arrangement from New Zealand Roadside assistance. Mighway will perpetuate to avail the owner until the said repairs have been completed. Should you opt to arrange the repairs privately, you acknowledge that you will be responsible in the retrieval of your vehicle and any costs associated.
8.4 New Zealand Road side assistance provides Mighway with invoices and/or case notes related to all incidents reported, whilst guest have been traveling on the road. Should Mighway receive an invoice which correlates to a case in which your vehicle required (i) repairs due to a mechanical fault or failure. (ii) Towing costs and/or any supplement workshop cost. Mighway will send the owner the invoice and load the invoice amount on to the owners Mighway account. All invoices do not require any upfront payment and are deducted from future rental income only.
9. 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.
9.2 It is your responsibility to, together with the Guest, complete and again 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 provide a copy to Mighway at firstname.lastname@example.org within 48 hours of the end of the Rental Period. It is the owners responsibility to ensure that this inspection is thorough, as any damages found after this report is completed will be ineligible for insurance cover. Mighway strongly recommends always doing this inspection during daylight hours.
9.3 If a guest fails to return the vehicle at the agreed upon date and time, and a thorough inspection cannot be completed because of this, Mighway needs to be informed immediately. Under these circumstances Mighway does allow the owner to complete a thorough inspection later, but this must be within 24 hours of the return.
If the guest is able to be present for this delayed inspection, the owner must allow the guest to take part as normal, and both parties must agree and sign this report before providing it to Mighway.
If the guest cannot be present for this delayed inspection, then the owner can complete the inspection without the guest present and provide the unsigned report to Mighway.
9.3 If Mighway is managing the rental of your Vehicle, Mighway will assume responsibility for completing any Pick Up / Drop Off Reports with the Guests at the conclusion of their Rental Periods. If a guest has damaged the vehicle during the rental period Mighway will record any new damages, notify the owner of these damages, and then handle the insurance claim process on behalf of the owner.
9.4 Guests are required to notify Mighway immediately if they damage a vehicle, and 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 alongside the Pick Up / Drop Off Report completed at the end of the Rental Period, and provided to Mighway.
The guest is not able to action any repairs themselves, and the owner is not able to facilitate repairs directly with the guest.
9.5 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.
9.6 If you identify any new Damage to the Vehicle that has not previously been notified to you, and was not present at the time of pickup, then you must record details and evidence of the Damage (i.e. photos or a recording) in the Pick Up / Drop Off Report completed with the guest at the end of the Rental Period. If Damage is not recorded on the signed Drop Off Report, then Mighway will no longer be able to repair the vehicle under its insurance policy, unless the guest acknowledges their liability in writing to the owner or to Mighway.
If at the time of return you and the Guest cannot agree on what you have identified as new damages, you must notify us of this dispute by emailing email@example.com immediately.
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 firstname.lastname@example.org.
Our Insurance Provider will liaise with you to arrange for any repair of the vehicle required (including agreeing the time and place of repair).
9.7a Any vehicle damage not reported to Mighway within 48 hours of the conclusion of the rental will be ineligible for claim lodgement.
9.7b Any new damage must be indicated on the Pick up & Drop Off form and the Accident Report Form must be completed and signed by the guest. Incomplete information may result in an ineligible claim.
9.7c In the event where damage is not acknowledged by the guest on the Pick Up & Drop Off form or the Accident Report Form, but Mighway still has reasonable grounds to believe the damage has occurred during the hire, the now unrecoverable excess portion that would have otherwise been paid by the guest may, at our discretion, be charged to the owner.
9.8 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.
9.9 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.
9.10 The Owner should submit (together with the Pick Up / Drop Off Report) details of any fees or amounts owed and outstanding by the Guest in respect of:
(a) accurate record of the odometer at time of pickup and return so that Mighway can accurately calculate and charge the correct Road User Charges (RUC) amount, this only applies for diesel vehicles;
(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 (if applicable) 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.
(f) late return fees, if the vehicle is returned after the date and/or time previously agreed upon
The Guest must sign and acknowledge liability for any of the above on the Pickup / Drop Off Report in order to be held liable. Failure to get this acknowledgement of liability may forfeit the owners payment for the outlined fees.
If a Guest disputes the liability, and will not sign the forms, Mighway needs to be notified of this dispute immediately.
Failure to submit the Pick Up / Drop Off report within 48 hours of booking completion, may result in delays or non payment of additional booking charges.
9.11 You agree to not engage in any direct financial transactions with the guest. Payment and communicating only via the Mighway platform helps to ensure that you will be protected under our Terms and Conditions, fees, cancellation, insurance, and roadside policies. It also allows you to keep track of all your booking details in one place. By paying and communicating outside of the Mighway platform, you will no longer have access to these benefits.
9.12 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.
9.13 If you have any complaints in respect of Damage to your Vehicle (including any repairs), please contact Mighway at email@example.com. Any disputes under this clause 8 will be dealt with in accordance with clause 14.
10. Infringement fees
10.1 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.
10.2 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 firstname.lastname@example.org>), as soon as practicable and no later than 5 working days after you receive the notice.
10.3 We will assess your claim and notify you of receipt whether we accept or reject your claim. If we accept your claim we will pay the relevant enforcement authority on your behalf.
11. Suspension and termination of registration
11.1 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.
11.2 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, and that your Mighway owner account is not in a negative balance. 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).
11.3 An Owner can reinstate their account and public access to his or her profile at any time, with the approval of Mighway.
11.4 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.
11.5 Mighway reserves the right to request proof of compliance with the requirements outlined in clause 7.1 and can suspend/delist any vehicle that it believes to be unsafe from the website, without giving prior notice.
12 Intellectual property and your use of the Site
12.1 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.
12.2 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.
12.3 Mighway provides a feedback function on the Site, to allow Owners and Guests to evaluate the conduct of each owner and Vehicle, as well as the Mighway platform. Mighway will notify you of any negative feedback placed against your vehicle, and we will allow the owner the chance to post a response.
Any response you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate.
13. Site and disclaimers
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
14.3 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.
14.4 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.
15. Dispute resolution
(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.
15.2 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.
15.3 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.
16. Limitation, exclusion of liability and Indemnity
16.1 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).
16.2 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.
16.3 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.
16.4 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.
16.5 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.
17.1 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.
17.2 As a vehicle owner you can operate using your own TSL, provided you meet the conditions set out below and provided these details are given to Mighway at time of listing a vehicle. 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/TH2connect LP TSL.
17.3 If you wish to operate using your own TSL you must send a certified copy of your TSL to email@example.com before you complete your first booking, and failure to provide these details before this point will result in your payment being made under the assumption you are using our TSL. Any payments made before receiving TSL details will not be adjusted after they are received.
17.4 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.
(f) you will not require Mighway guests to agree to any terms and conditions, or rental agreements other than Mighways,
(g) you will not retrieve and/or store any guest payment details, these are stored securely by Mighway
(h) you will not accept any cash payments from any guests, all transactions must be made through Mighway’s secure payment system
18.1 These Terms are governed by the laws of New Zealand.
18.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms.
18.3 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.
No fee’s can be collected from the guest by the owner directly
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 attendance will be required to return the Vehicle to a rental-ready state.
Fuel Fee: Incurred if the Guest returns the Vehicle with less fuel 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.
Road User Charge (RUC): Guests will be charged for all kilometres travelled in a diesel vehicle at a rate of $0.09 per kilometre travelled. Mighway deduct a 15% handling fee and reimburse owners at a rate of $0.0765 per kilometre travelled. The distance will be calculated using the signed pickup/return form. Only applies to bookings made after June 30th 2019.
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 vehicle during the Rental Period.