Terms and Conditions (New Zealand)
1. Introduction
1.1 Thank you for choosing Mighway. Mighway provides an online platform that connects vehicle owners with guests seeking to rent recreation. 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 acquired by you in trade.
1.2 These Terms apply to any use of the Site and any Mighway Services provided to or received 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:
“Additional Charges” means any fee charged by Mighway for use of the Site, any additional services, or infringement fees, including as set out in Schedule 1.
“Credit Card Authority” means the process in which the Guest authorises Mighway to retain the details of the credit or debit card the guest presents at time of booking, to be used for any applicable charges
“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.
“Guest” or “you” 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 services provided to a Guest including (but not limited to) any roadside assistance.
“Owner” means a person registered as the owner of a Vehicle on the Site and, in respect of clauses 7.2, 7.3, 8, and 9, means Mighway, where Mighway is managing the handover of the Vehicle on behalf of the Owner.
“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.
“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.
“Site” means the online platform provided by Mighway, accessible at <Mighway.com>.
“Terms” mean these terms and conditions.
“Vehicle” means a recreational vehicle (“RV”) that has been registered on the Site.
2. Registration as a Guest
2.1 If you wish to rent a Vehicle, you must register on the Site. To register to be a Guest or drive a vehicle, you:
(a) must complete the registration process on the Site and, by doing so, you are deemed to have agreed to these Terms; and
(b) must be at least 21 years old and hold a valid New Zealand class 1 full driver licence or be eligible to drive in New Zealand as a holder of a valid and current driver licence or driving permit from another country. Should a foreign licence be in a language other than English, it must be accompanied by an accredited English translation.
If you wish to rent a Vehicle that requires a New Zealand driver licence other than a Class 1 licence, you must provide those license details when confirming your booking, and present this license physically when collecting the vehicle.
2.2 We reserve the right to accept or decline your application for registration at our absolute discretion.
2.3 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 Guest, or register on behalf of any person other than yourself;
(b) contact an Owner for any purpose other than asking a question related to booking that Owner's Vehicle;
(c) use the Site to find an Owner and then complete a booking of a Vehicle without using the Site in order to circumvent the obligation to pay any fees related to the provision of the Site or the Mighway Services; or
(d) extend any Rental Period otherwise than in accordance with clause 5.
3.2 In connection with your use of the Vehicle you agree that you will not allow the Vehicle to be:
(a) operated in breach of the Land Transport Act 1998 or any other act, regulations, rules or bylaws relating to road traffic;
(b) driven otherwise than in a prudent and cautious manner;
(c) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(d) sublet or hire the Vehicle or allow it to be driven by any person other than yourself (unless such person is previously approved by us);
(e) left with the ignition key in the Vehicle while it is unoccupied;
(f) misused, used for any illegal purpose or in any race, speed test, rally or contest;
(g) driven off-road (including on any beach), submerged in water, brought into contact with salt water, used in a creek or river crossing, or through flooded areas;
(h) used to tow any vehicle or trailer unless otherwise approved by both the vehicle owner, and Mighway before commencement of the hire
(i) used to transport passengers or property for hire or reward or used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental;
(j) used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified on the Site;
(k) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material.
(l) contaminated through contact with any substances or chemicals that could cause damage to the vehicle or any of its components, or could be considered hazardous to the health of an occupant. This includes, but is not limited to, illegal narcotics, hazardous waste, or chemicals created for commercial use not deemed safe for human contact.
3.3 In addition to the above, you agree that you must ensure that:
(a) all reasonable care is taken in using the Vehicle including securely locking the Vehicle when not in use; and insuring the vehicle is correctly secured with applicable hand or park brakes when left unattended
(b) all reasonable steps are taken to properly maintain the Vehicle, including regular checks of the oil, water, batteries and tyre pressure (to ensure they are maintained at recommended levels);
(c) you contact Mighway immediately should any vehicle warning lights indicate any potential malfunction;
(d) you and all passengers comply with all applicable laws, including laws related to child restraints;
(e) you do not smoke or permit any person to smoke in the Vehicle;
(f) no animals are carried or permitted in the Vehicle (unless otherwise agreed with the Owner);
(g) no dangerous or hazardous material carried or permitted in the Vehicle;
(h) you notify us of any Damage to the Vehicle, immediately upon becoming aware of the Damage;
(i) if the Vehicle is stolen, you notify us and the New Zealand Police as soon as possible after discovering the theft.
(j) all reasonable care is taken to retain the keys to the vehicle, and that these are maintained in working condition.
(k) the height of the vehicle is noted, and all reasonable care is taken to ensure the vehicle does not come into contact with any items under that height (e.g low bridges, drive through/parking lot entrances, low hanging tree branches)
(l) if snow chains are fitted to the vehicle, these chains are fitted correctly and are only used in the conditions they are required and as directed by the manufacturers instructions
(m) no person is permitted to climb onto the exterior of the vehicle
4. Bookings and payment
4.1 To make a booking, you must make a booking request through the Site specifying the Vehicle you wish to rent, and the Rental Period together with all such other information and details as required, including details of a valid credit card (Credit Card) for payment of the Rental Price and securing the Credit Card Hold).
4.2 Upon approval of the booking being received from the owner, or when booking a vehicle listed as ‘instant book’, you must provide details of a payment method (such as a credit or debit card) that is both valid at the time of confirming the booking and will still be valid at the time the booking concludes. If the payment method will not be valid at the time of the booking concludes, new valid details must be provided to Mighway before the hire commences. Once all required details have been provided, and payment has been received, the booking will be confirmed.
4.2 We will send your booking request to the Owner and the Owner may, at its sole discretion, choose to accept or decline the request. If we confirm that the booking request has been approved by the Owner, a link will be sent to you via email to complete payment in order to confirm the booking. At this time you will be charged in full or if more than 45 days prior to your pick up date, you can choose the deposit option. A minimum 15% non-refundable deposit is required to confirm the booking. Your booking request will not be processed and confirmed until a deposit or full payment has been made. If the payment is not possible or is dishonoured or otherwise rejected, Mighway will not confirm the booking until this payment is received.
At the point of confirmation the credit card authority process will take effect (see clause 6 below).
4.3 If a booking has been secured with a deposit payment the remaining balance will be automatically deducted from the provided payment method 30 days prior to the confirmed pick up date. A reminder email notification will be sent 7 days prior to the balance due date. If Mighway is unable to retrieve the remaining balance at the due date, an automatic notification will be sent to the guest email registered at the time of booking request, to advise of the payment failure. If full payment of the outstanding balance is not provided within 3 days of payment failure notification, the booking will be automatically cancelled and deposit amount forfeited.
4.4 If the Owner holds a valid Transport Service Licence with the New Zealand Transport Agency (“TSL”) and has registered this with Mighway, you acknowledge and agree that you will rent the Vehicle directly from the Owner. If the Owner does not hold a valid TSL, Mighway will procure the Vehicle from the Owner and you will rent the Vehicle from Mighway. The Mighway Services will remain the same, whether you rent the Vehicle from the Owner or from Mighway.
4.5 You agree that Mighway is entitled to retain the details of the Credit Card in accordance with the privacy policy and to take any action to recover from the Credit Card the amounts due by you pursuant to these Terms. You expressly and irrevocably authorise Mighway to charge to the Credit Card all amounts payable by you under these Terms.
4.6 You agree to pay any Additional Charges or other costs incurred in connection with the rental of the Vehicle. You authorise us to charge the amount of the Additional Charges or other costs against the Credit Card.
4.7 You agree to make payment relating to clause 4.6 directly to Mighway and not engage in financial transactions with the owner. Paying 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.
5. Extension of Rental Period
You agree that you will not retain the Vehicle beyond the Rental Period. A Rental Period cannot be extended or altered by agreement between the Owner and the Guest and if you wish to continue to use the Vehicle beyond the Rental Period, you must contact Mighway at 0800 555 696 to arrange an extension. Any such extension must be made at least 48 hours before the end of existing Rental Period and is subject to acceptance by the Owner, and payment of the additional Rental Price. You acknowledge that, in the event you breach these Terms and agree directly with the Owner to retain the Vehicle beyond the Rental Period, your rights under these Terms (including any insurance cover) will not apply beyond the end of the Rental Period.
6) CREDIT CARD AUTHORITY
6.1 Mighway shall be entitled to retain the details of the credit or debit card provided by the Guest in connection with confirming a booking, and to take any action to recover from this card the amounts due by the Guest pursuant to this Agreement. This card will be the payment method for any deductions made by Mighway during or after the conclusion of the hire. This is in accordance with our Privacy Policy (clause 18).
6.2 The Credit Card Authority is in place to ensure that sufficient amounts are available to satisfy any outstanding liabilities of the Guest to Mighway under these Terms. Mighway may charge to the Credit Card, by giving notice to the Guest, any amounts owed by the Guest to Mighway under these Terms including (but not limited to) any Additional Charges (including any costs or fines relating to delivery and return of the Vehicle, any Damage, any charges for on-road assistance, any outstanding fines for freedom camping, toll or traffic offences), or any amounts otherwise arising from or relating to any breach of these Terms by the Guest (Liabilities). The Guest authorises Mighway to deduct from the card all amounts payable under these agreed terms and conditions.
Mighway will provide the Guest with forward notice of the amount to be deducted by Mighway from the payment method prior to making the deductions.
6.3 If a Guest believes a charge has been made against them in error, they are required to contact Mighway directly immediately. Mighway will seek to urgently resolve this with the Guest.
6.4 If a Guest wishes to make a complaint regarding a charge made to their payment method, they should immediately contact Mighway directly so the complaint can be responded to in a fair and timely manner.
6.5 The Guest agrees that they must provide a Credit or Debit card that is valid at the time of confirming the original booking, but one that will remain valid for the full duration that the hire will take place. The Guest is required to notify Mighway in advance if this Credit Card authority needs to be changed due to it becoming invalid before the end of the hire period. Failure to ensure valid card details are provided for the hire period could result in the termination of the hire, and in these situations the applicable cancellation fees will be enforced.
6.6 The Credit Card Authority will be released provided the Vehicle is returned undamaged and no Liabilities are owing by the Guest to Mighway. Release of the Credit Card Authority is not a waiver by Mighway of the Guest’s liability under these Terms, and Mighway retains the right to recover monies for Damage to the Vehicle or breach of these Terms notwithstanding the release of the Credit Card Authority.
7. Booking cancellations
7.1 Without limiting clause 7.3, if a Guest cancels a booking which has been confirmed on the Site, the following cancellation fees will be payable by the Guest (and the Guest agrees such amounts can be charged to the Credit Card):
7.1 If the booking is cancelled due to the remaining booking balance not being paid 30 days from start of hire, the cancellation fee of 15% of Rental Price will apply.
This amount will be the same as the 15% deposit paid at this point, and this amount will be retained as the cancellation fee.
7.2 If the Owner determines (acting reasonably) that you are unfit to drive at the commencement of the Rental Period, including due to intoxication or due to failure to produce a valid license, you will be deemed to have cancelled the booking and the full cancellation fee will be payable.
7.3 If you meet the Owner at the designated pick-up location at the commencement of a Rental Period and the Vehicle is, in your opinion (acting reasonably), materially different from the description of the Vehicle on the Site, you must contact Mighway immediately, and at our discretion you may cancel the booking. In such circumstances, you will not need to pay a Cancellation Fee and you will receive a refund of the Rental Price if:
(a) you notify us immediately of the request to cancel and inform us of the reason you wish to cancel the booking; and
(b) we are satisfied (in our sole discretion) that the reason you wish to cancel the booking is reasonable in the circumstances.
7.4 We may cancel a booking at any time if the Owner of the vehicle cancels a booking that has been confirmed on the Site, in which case we will refund you the full Rental Price.
7.5 All fees charged and refunds paid by Mighway are calculated in New Zealand Dollars. Mighway accepts no liability for losses suffered as a result of converting currencies and any exchange risks from the conversion of currencies is the responsibility of the Guest.
8. Vehicle pick up
8.1 You must meet the Owner at the time and place agreed between you and the Owner at the commencement of the Rental Period and present your driver’s licence which must be valid and current for the duration of the Rental Period (together with an accredited English translation, if applicable)
8.2 You must, prior to accepting the Vehicle from the Owner, complete and provide a signature on the Pick Up / Drop Off Report with the Owner.
8.3 It is your responsibility to take necessary steps to record evidence of 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.
8.4 You acknowledge having received the Vehicle in a clean condition, with a full fuel tank and full bottles of gas (if applicable). If the vehicle is not received in this expected condition, Mighway and the owner must be notified immediately.
8.5 All optional add-ons provided by the owner to the guest are the responsibility of the owner. The owner must ensure they are functional and as advertised. Should a guest be unhappy with the add-on item, they must notify the owner and Mighway immediately. Mighway cannot guarantee an alternative for these items can be provided should the guest find them unsuitable. Mighway can provide a refund for the third party items if they are not as advertised, or not functional.
9. Vehicle return
9.1 You must return the Vehicle at the end of the Rental Period at the time and place previously agreed upon between guest and the Owner. The Vehicle must be returned in the condition it was received in, meaning in a clean condition with a full fuel tank and full bottles of gas (if applicable, and subject to any separate agreement with the Owner). The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle. Failure to adhere to these requirements will result in Additional Charges.
9.2 The vehicle must be returned at a reasonable daylight hour, unless agreed otherwise in advance with the owner, to allow for a full and proper inspection to take place. If the vehicle is not returned at the date and time agreed upon with the owner, or at a date and time that does not allow for the owner to complete a full and thorough inspection, the owner has the right to ask the guest to complete the inspection with them at a later date or time, that allows for them to complete a full and proper inspection. If a guest fails to make themselves available for this inspection, they will still be held liable for any damages reported in this inspection under the process outlined in clause 12.
To avoid any potential disputes, we strongly recommend guests always return on time and during daylight hours to allow for a full and thorough to take place with both parties present.
9.2 Late pick up or early return of the Vehicle does not entitle the Guest to any refund of the Rental Price. Mighway at its sole discretion may agree to refund the rental price for any unused days.
9.3 If the Vehicle is not returned on or before the agreed upon time on the final day of end of the Rental Period, the Guest will incur an Additional Charge in the form of a the Late Return Fee, and any additional days the vehicle is not returned will be charged at the daily rate the owner has set, as will the additional insurance products and applicable service fee for each by which the Rental Period is exceeded as outlined in Schedule 1.
9.4 Road User Charges are charged for all kilometres travelled in an owner's vehicle as recorded on the pickup and return form. This charge is made post hire to the nominated payment method, and does not apply to petrol vehicles.
9.5 You must, on return of the Vehicle to the Owner, complete and provide a signature on the Pick Up / Drop Off Report with the Owner, which must include details of any Damage. Clause 19 will apply in respect of any disputes between you and the Owner in respect of any Damage, and you must keep us informed in respect of the status of the dispute.
10. Roadside assistance
10.1 Mighway provides 24 hour on-road assistance support through our partners New Zealand Roadside Assistance. Please contact Mighway on free call at 0800 555 696 to contact the on-road assistance team
10.2 Any problems associated with the Vehicle including equipment failure, must be reported to Mighway immediately in order to give Mighway the opportunity to rectify the problem during the Rental Period.
10.3 The on-road assistance service provided by New Zealand Roadside Assistance will cover, free of charge, any technical malfunction of the Vehicle arising from a manufacturing or material fault that directly renders the part concerned unfit for operation during the Rental Period. The Guest will be charged for any on-road assistance where the malfunction was caused by the Guest’s actions or omissions. This will include any on-road assistance for the following;
(a) the Vehicle running out of fuel;
(b) the keys being locked inside the Vehicle or lost;
(c) flat batteries caused by incorrect usage of the batteries and or incorrect usage of any equipment that requires the batteries to operate;
(d) a breakdown caused by Damage caused in an accident;
(e) a breakdown caused by wilful neglect.
(f) a breakdown caused by incorrect fuel being used to run the vehicle
10.4 All on-road assistance required or managed due to circumstances covered in 10.3 (a) – (e), or otherwise as a result of the Guest’s actions or omissions, will incur a minimum charge of NZ$150 plus any additional charges provided by third party assistance (see the Additional Charges in Schedule One).
10.5 If a guest is found to be at fault, Mighway reserves the right to hold the guest liable for the costs to rectify the situation. Mighway may require the guest to pay for this up front directly to if they wish to continue. Failure to do so can result in termination of the hire, and in these situations the guest will be liable for not only the cost of resolving the vehicle issue but also to return the vehicle back to the pickup location.
11. Damage and accidents
11.1 The Guest is liable for all loss of, or Damage to, the Vehicle or the property of any third party that is caused during the Rental Period, together with any consequential damage, loss or costs incurred by Mighway (including any damages we must pay to the Owner).
11.2 To ensure the Guest and Vehicle are adequately covered to protect the interests of Mighway and the Owner, all Guests are required to purchase the Mighway motorhome insurance from the Insurance Provider. This insurance is charged on a daily basis, and is payable in full at the time of booking. The insurance covers all Damage to the Vehicle which arises as a result of an Accident, other than as set out in clause 12. For the purposes of clauses 11 and 12, “Accident”, “Accidental” and “Accidentally” means a sudden and unforeseen event causing physical loss or damage that is not intended or expected by you.
11.3 If the Vehicle is Damaged in an Accident during the Rental Period, you must notify the Mighway as soon as possible by calling 0800 555 696, and in any case within 24 hours of becoming aware of the Damage. You must cooperate with Mighway and our Insurance Provider in all respects, including by providing all reasonable information requested and following all reasonable instructions in relation to the use of the Vehicle and any actions required in respect of the Damage.
11.4 Without limiting clause 11.2, if the Vehicle is involved in an Accident causing significant Damage to the Vehicle during the Rental Period, you must make the Vehicle secure and inform the New Zealand Police immediately, record the licence number of any other vehicles involved and the name and address of any other drivers involved, record the name and address of any witnesses and contact the Insurance Provider immediately to inform them of the nature of the accident and extent of any Damage.
11.5 You must not arrange or carry out any repair work to the Vehicle.
11.6 If the Vehicle is Damaged during the Rental Period and is deemed (including by the Insurance Provider) to no longer be safe to drive, Mighway is not obligated to provide you with a replacement or substitute Vehicle for the remaining duration of the Rental Period. Mighway is not obligated to provide a refund of the Rental Price that relates to the unused duration of the Rental Period. In this situation Mighway may, at its discretion, allow the guest to begin a new rental with a different vehicle.
12. Insurance
12.1 Subject to clauses 12.2 and 12.3, the insurance covers Damage to the Vehicle (up to the greater of $150,000 and the market value of the Vehicle agreed between Mighway and the Owner) caused in an Accident, and your liability for negligence causing Accidental damage to third party property during the Rental Period (up to a maximum of NZ$20,000,000).
12.2 An insurance excess amount of up to the amount outlined in the insurance product you selected at confirmation of the booking, is payable in respect of each incident. You will be advised of the excess amount which will apply at the time of booking. The Guest is liable for and must pay any insurance excess amount(s).
12.3 The insurance will be void and the Guest will be liable and responsible for the full costs (including costs of any Damage) if:
(a) the Guest breaches any of the Terms, and that breach is the cause of or contributes to the relevant Damage; or
(b) the Damage is caused by wilful misconduct (e.g. sitting or standing on the bonnet or roof of the Vehicle), or driving under the influence of alcohol or drugs, or negligence or where the Guest is determined by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules.
12.4 In addition to the above, the insurance does not cover and the Guest will be liable and responsible in full for:
(a) any loss or damage to any personal belongings or property of the Guest (or any person or entity related to the Guest);
(b) retrieving or recovering a Vehicle which may include, but is not limited to, a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way and/or has been abandoned, in each case in circumstances within the control of the Guest;
(c) replacing keys which have been lost or stolen, or retrieving keys which have been locked in the Vehicle;
(d) any overhead or underbody damage to the Vehicle however caused;
(e) any Damage caused to the Vehicle due to the incorrect use of snow chains
(f) any Damage associated with the incorrect fuel being used in the vehicle, and contamination of the fuel, water, or adblue tanks
(g) incorrect filling of the engine oil, or radiator, and the contamination of any other engine compartment through incorrect use
12.5 Road restrictions apply as follows: (a) Mighway Vehicles can only be driven on sealed/bitumen or well-maintained roads. (b) Vehicles are not permitted on Skippers Road (Queenstown), Ball Hut Road (Mt. Cook), Ninety Mile Beach (Northland) and North of Colville Township (Coromandel Peninsula).
Mighway vehicles are also not permitted on any ski field access roads during the time of year that they operate.
The Customer is responsible for all damage if travelling on these roads as defined in clause 12.3
12.6 New Zealand legislation provides limited coverage for personal injury. Mighway does not accept any liability for personal injuries sustained during the Rental, nor for any loss or damage to any personal belongings or property of the Guest (or any person or entity related to the Guest). Mighway also has no liability for any costs or losses sustained by a Guest as a result of any disruption or changes to travel plans required or arising out of your rental of a Vehicle (including because of any breakdown of a Vehicle). Mighway strongly recommends that you take out personal travel insurance to cover any injury, loss and disruption to travel plans.
12.7 Insurance excess amount will be deducted based on Mighway's insurance assessor's preliminary estimation of the damages. Assessment and repairs are conducted at the discretion of Mighway and its insurer.
12.8 By agreeing to these terms and conditions, the guest grants Mighway the authority to recover the liable excess portion from the booking payment details provided. If the payment method provided is invalid, or declines, the guest agrees they will immediately provide Mighway with new valid details to complete the payment.
13. Infringement fees
13.1 The Guest will be liable for all infringement fees for:
(a) parking in any portion of a road in breach of any by-law of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004;
(b) a speeding offence, an offence in respect of failure to comply with the directions given by a traffic signal or a toll offence; or
(c) an offence under section 20(1) of the Freedom Camping Act 2001 involving the use of the Vehicle,
and the offence to which the infringement fee relates was committed during the Rental Period (Infringement Fee). You acknowledge and agree that you are liable for any Infringement Fees, and that the Additional Charges (as described in Schedule One) will also apply in respect of any Infringement Fees and must be paid by you.
13.2 In respect of any Infringement Fee, we:
(a) undertake to send you a copy of the infringement notice received and/or a copy of the reminder notice as soon as is practicable to your email address provided on the Site; and
(b) will charge you for the amount of the Infringement Fee and applicable Additional Charge. You agree that we are authorised to debit your payment method for the amount of the Infringement Fee and applicable Additional Charge(s).
13.3 You have the right to:
(a) challenge, complain about, query or object to the alleged offence to which the Infringement Fee relates, to the issuing enforcement authority.
(b) seek a court hearing within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice.
(c) the guest agrees that if they wish to undertake the above, that they will first get the fine or infringement changed into their name if it is not already, and that the actions taken will be solely between the guest and the fine issuer. Mighway is not responsible for any fines or infringements received, and cannot act on the guest behalf in relation to these.
14. Repossession
We are entitled to terminate the rental of any Vehicle and take immediate possession of the Vehicle without notice to you if you breach any provision of these Terms. You will indemnify us for any costs incurred in connection with the repossession and agree you will be liable for the applicable Additional Charge.
15. Suspension and termination of registration
15.1 We reserve the right to alter, suspend or terminate the Site, the Mighway Services, registration of a Vehicle, your status as a registered Guest 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 Guest and remove your profile from the Site.
15.2 An Owner or Guest 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 or Guest at that time. Upon suspension of an account by an Owner or Guest, we will remove their profile information from public access (but you agree that we may retain profile information as part of our business records).
15.3 An Owner or Guest can reinstate their account and public access to his or her profile at any time, with the approval of Mighway.
15.4 Suspension or termination of an Owner or Guest’s account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.
16 Intellectual property and your use of the Site
16.1 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.
16.2 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.
16.3 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.
17. Site and disclaimers
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
18. Privacy Policy and Confidentiality
18.1 Our privacy policy governs the collection, use, storage and disclosure of personal information by us. Our privacy policy forms part of these Terms.
18.2 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.
18.3 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.
18.4 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.
19. Dispute resolution
19.1 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 Owner may, at any time while there is a genuine dispute between you and the Owner 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.
19.2 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.
19.3 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.
20. Limitation, exclusion of liability and Indemnity
20.1 If the Guest acquires, or holds itself out as acquiring, the Vehicle rental in trade, the provisions of the Consumer Guarantees Act 1993 will not apply. Otherwise, nothing in these Terms affects the Guest’s rights under the Consumer Guarantees Act 1993 and the Guest shall have the benefit of the guarantees under that legislation (the Consumer Guarantees).
20.2 Except as expressly set out in these Terms, or the Consumer Guarantees, Mighway makes no warranties or other representations with respect to the Vehicle or services provided, and any implied warranties or representations are excluded.
20.3 Except as expressly set out in these Terms, or the Consumer Guarantees, Mighway, its employees or agents will have no liability to the Guest 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.
20.4 Subject to clause 20.5, the Guest hereby fully and effectively indemnifies and agrees to keep indemnified Mighway, its employees, agents and contractors and the Owner (each an Indemnified Party) against every liability, loss, damage, cost or expense (including all liabilities arising as a result of damage to a third party’s property or injury to or death of any person, and all legal costs in relation to any liabilities) sustained, suffered or incurred by any such Indemnified Party arising out of or in connection with any breach of these Terms by the Guest or any negligence, fraud, dishonesty, or misrepresentation of the Guest.
20.5 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.
21. General
21.1 These Terms are governed by the laws of New Zealand.
21.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
21.3 If any of these terms is unenforceable the remaining provisions will remain in effect.
SCHEDULE 1: FEES
All Fees set out in this schedule are inclusive of GST (if applicable).
The Additional Charges are as set out in the below table
Guests are not permitted to undertake any payments of fees directly with the owner.
Infringement/Traffic Violation Fee: Incurred if the Guest receives any ticket or fine associated with a traffic, parking, toll, or other Vehicle-related violation or infraction.
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 or soiled state such that additional attendances will be needed to return the Vehicle to a rental-ready state.
Fuel Refill 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 and black 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.
Road User Charge (RUC): Anyone using New Zealand’s roads contributes towards their upkeep. Most road users pay levies when they buy fuel and these are included in the fuel price, this is not the case for diesel fuel in New Zealand. Owners of vehicles such as light diesel vehicles and heavy vehicles like trucks, will pay through road user charges (RUC). The revenue collected from road user charges is dedicated to the National Land Transport Fund (NLTF). The NLTF funds road improvements and maintenance, public transport, road safety, and walking and cycling.
Vehicle owners have pre-purchased a set amount of RUC to ensure themselves and their guests are always within the legal limit while travelling, and as a guest you will need to pay back the amount of this pre-purchased RUC that you use on your trip. This amount will be calculated and charged by Mighway post-hire at the rate of $0.09 per kilometre driven. This charge does not apply to any petrol vehicles.
Please note that as the levies that are included in the price of other fuels (such as petrol) are not included in the price of diesel at the pump it will appear significantly cheaper than other fuel types, this difference in price is made up by the road user charge.
Administrative Event Fee: Incurred in the event that Mighway must handle any other issue or event that occurs during the Rental Period without an explicit fee or policy covering that issue.
Lost Item Fee: Incurred if the Guest misplaces or damages any other items in the RV during the Rental Period.