The Cook Islands Coolest Rentals
Ts & Cs
Enjoy cruising Rarotonga at leisure with your own Tuk-Tuk… the kulest way to cruise the Kuks!!!
Terms and Conditions of Agreement
1. THE RENTER I agree that by signing this agreement on my own behalf or on behalf of another person or company or joint renter or otherwise that we are described as “RENTER” in this Agreement.
2. THE VEHICLE Renter understands that he/she rents the vehicle, described herein as “the Vehicle”, from Tall Group Ltd. trading as Kuk Tuk, described herein as “Kuk Tuk”.
3. THE DRIVER Renter declares that:
a) He/She is the driver and only he/she will drive the vehicle unless permission has been granted by Kuk Tuk.
b) He/She is not under 21 years of age: and
c) He/She holds a current Cook Islands Motor Vehicle drivers Licence for the class of vehicle hired, and
d) He/She has honestly and correctly set our his/her particulars here in.
4. DRIVING THE VEHICLE Renter PROMISES that when driving the vehicle he/she will:
a) not use the Vehicle for any illegal purpose, for any race or contest, to tow or to propel a vehicle or trailer or carry more passengers or load than that for which the vehicle was built;
b) NOT BE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER INTOXICANTING DRUGS;
c) Not refuse or fail to undergo a breath of blood analysis when directed by a member of the Police force;
d) Not allow any use of the vehicle to carry passengers for payment of any kind;
e) Not abuse or misuse the vehicle or drive or use it in a negligent way or when it is damaged or unsafe;
f) NOT USE THE VEHICLE ON UNMADE OR UNSEALED ROADS OR SURFACES OR ANY BEACH, IN PARTICULAR THE ROAD TO WIGMORE’S WATERFALL
g) Not use the vehicle to carry inflammable liquids or gases
h) NOT LEAVE THE VEHICLE PARED IN AN UNSAFE OR NEGIGENT WAY AS TO BE DAMAGED BY SEAWATER OR FALLING COCONUTS.
i) Rectify all damage to tyres, undercarriage, suspension or mechanical components of the vehicle other than damage attributable to normal wear and tear and for rectifying body damage other than damage caused by a specific collision on a public road.
j) Ensure that WATER in radiator, OIL in engine and TYRE pressures are kept at proper levels.
5. RETURNING THE VEHICLE
5.1 Renter will return the vehicle to:
a) Kuk Tuk premises at Matex Shopping Centre, Arorangi at the date and time specified here-in, or if an extension has been agreed with Kuk Tuk, then at such later date and time as agreed; and
b) In the same condition as it was when rented fair wear and tear excepted; and,
c) WITH A FULL TANK OF FUEL.
5.2 a) if the vehicle is not returned to Kuk Tuk by the date and time specified herein without reasonable cause and without notifying Kuk Tuk, overdue time will be charged at the rate of $20 (twenty dollars) per hour or part thereof and furthermore the Renter renders him/herself liable to arrest for unlawful conversion.
b) Kuk Tuk may terminate this Agreement and repossess the vehicle without notice if it suspects that the Renter has breached this agreement OR if it is likely that damage or injury may occur.
5.3 If Kuk Tuk repossesses the vehicle under clause 5.2 b) Renter remains liable to pay to Kuk Tuk all costs and charges he/she already incurred under this agreement.
5.4 A minimum cleaning charge of $100 will be imposed if in Kuk Tuk’s opinion the vehicle is returned in an excessively dirty or soiled condition.
6. ACCIDENTS AND DAMAGE
6.1 The word “damage” includes loss of and damage to the Vehicle, its tyres, (including spare) tools, accessories and equipment and all costs or expenses including salvage, storage, towing, arising from such damage
6.2 Damage to the Vehicle
a) In addition to any liability under clause 4 (i) Renter is liable to Kuk Tuk for all damage to the Vehicle where there has been a breach by renter of this agreement or when he/she has made an incorrect declaration;
b) In the case of “Joint Renter” they shall be jointly and severally liable in respect of the provisions of this agreement.
6.3 Provided the Renter has not breached any of the terms and conditions of this agreement, his/her maximum liability for damage to the vehicle for each and every claim shall not exceed the EXCESS entered herein except under 6.2 a)
6.4 Damage to Third Parties Kuk Tuk has arranged an insurance policy limited to a maximum of $50,000 against liability of Renter for damage to property of persons other than Renter or a member of his family or property in his physical or legal custody arising from the use of the vehicle.
6.5 Liability under 6.4 is not covered by the policy:
a) Where Renter is entitled to indemnity under another insurance policy; or
b) Where Renter is liable to Kuk Tuk for damage to the vehicle under 6.2 a)
6.6 Renters maximum liability for THIRD PARTY damage shall be the same as Renters maximum liability for Damage to vehicle under 6.3.
6.7 Liability of Kuk Tuk:
a) Kuk Tuk gives no warranty as to the condition of the vehicle or consequential loss or damage; and
b) Kuk Tuk is not liable to any person and Renter indemnifies Kuk Tuk for any loss or damage to any property stolen from the vehicle or otherwise lost during hiring or any property left in the vehicle after its return to Kuk Tuk.
7. CLAIMS AND PROCEEDINGS Where use of the vehicle by Renter results in any claim, accident damage or loss, Renter,
a) Will report such incident to Kuk Tuk as soon as possible after the event.
b) Will not, without the written consent of Kuk Tuk, make or give any offer, promises or payment, settlement, waiver, lease, indemnity or admission of liability;
c) Agrees Kuk Tuk or its insurers may at their own cost, bring, defend, enforce or settle any legal proceedings against third parties.
d) Will complete and furnish to Kuk Tuk within a reasonable time any statements, information assistance which Kuk Tuk or its Insurers may reasonably require, including attending at lawyers offices and at Court to give evidence.
8. PAYMENT Renter agrees to pay Island Rentals on demand:
a) Charges in accordance with this Agreement at Kuk Tuk rates schedule current at the date of commencement of the rental.
b) All monies payable by Kuk Tuk or Renter arising out of the use of the vehicle by Renter or imposed on Kuk Tuk or on Renter by any Governmental or other competent authority; and
c) All monies for which Renter is liable to Kuk Tuk under this Agreement in respect of damage, loss or otherwise.
