Common use of Breach of Contract / Termination Clause in Contracts

Breach of Contract / Termination. ‌ 27.1 The Renter agrees that Travellers Autobarn shall have the right to refuse any rental and/or terminate this Agreement and, to the extent permitted by law, take immediate possession of the Vehicle without notification to the Renter if: 27.1.1 The Renter fails to comply with Paragraph 9 or any of the other material terms and conditions of this Agreement; 27.1.2 The Renter has obtained the Vehicle through fraud or misrepresentation; 27.1.3 If the Vehicle is damaged; or 27.1.4 In the reasonable opinion of Travellers Autobarn and/or the police, the driver of the Vehicle does not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk. 27.2 In such an event the Renter will: (a) not be entitled to any refund the rental charges whatsoever; and (b) be responsible for the payment of any towing costs to return the Vehicle to the agreed return location. You indemnify Travellers Autobarn, its employees and agents to the extent permitted by law from claims from any person resulting from entry into any third- party property to repossess the Vehicle. The termination of rent under this Paragraph 27 shall be without prejudice to any rights of Travellers Autobarn or the Renter under this Agreement or otherwise at law. 28 Privacy‌ Travellers Autobarn will collect personal information about the Renter as part of the rental process and the Renter acknowledges that Travellers Autobarn may not be able to perform this Agreement if all the information requested is not provided. Any information collected will be handled in accordance with the Travellers Autobarn Privacy Policy, please visit www.travellers- xxxxxxxxxx.xxx/xxxxxxx-xxxxxx. 29 Telematics Notice‌ The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system (“Telematics Systems”), and/or an event data recorder (EDR). You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil level, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that we may deem necessary. To the extent permitted by law, we may disable the Vehicle when we deem necessary, including if you breach this Agreement. You understand that Telematics Systems use cellular and other wireless technology, and that you should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this paragraph, and that you have authorized release of information collected by Telematics Systems or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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Breach of Contract / Termination. ‌ 27.1 33.1 The Renter Hirer agrees that Travellers Autobarn shall have the right to refuse any rental and/or terminate this Agreement and, to the extent permitted by law, and take immediate possession of the Vehicle without notification to the Renter Hirer if: 27.1.1 33.1.1 The Renter Hirer fails to comply with Paragraph 9 or any of the other material terms and conditions of this Agreement, particularly clause 11; 27.1.2 33.1.2 The Renter Hirer has obtained the Vehicle through fraud or misrepresentation; 27.1.3 33.1.3 If the Vehicle is damaged; or 27.1.4 33.1.4 In the reasonable opinion of Travellers Autobarn and/or the policeNZ Police, the driver of the Vehicle does not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk.experience 27.2 33.2 In such an event the Renter Hirer will: (a) not be entitled to any refund the rental charges whatsoever; and (b) be responsible for the payment of any towing costs to return the Vehicle to the agreed return location. You indemnify Travellers Autobarn, its employees and agents to the extent permitted by law from claims from any person resulting from entry into any third- third-party property to repossess the Vehicle. The termination of rent hire under this Paragraph 27 clause 33 shall be without prejudice to any rights of Travellers Autobarn or the Renter Hirer under this Agreement or otherwise at law. 28 Privacy‌ Travellers Autobarn will collect personal information about the Renter Hirer as part of the rental process and the Renter Hirer acknowledges that Travellers Autobarn may not be able to perform this Agreement if all the information requested is not provided. Any information collected by Travellers Autobarn will be handled in accordance with the requirements of the Privacy Act 1993 (the Act) and Travellers Autobarn Privacy Policy, please visit www.travellers- xxxxxxxxxx.xxx/xxxxxxx-xxxxxxxxxxxxxx.xx.xx/xxxxxxx-xxxxxx. 29 Telematics Notice‌ The Vehicle may be equipped If you are dissatisfied with global positioning satellite (GPS) technology or another telematics system (“Telematics Systems”), and/or an event data recorder (EDR). You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil level, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that we may deem necessary. To the extent permitted by law, we may disable the Vehicle when we deem necessary, including if you breach this Agreement. You understand that Telematics Systems use cellular and other wireless technology, and that you should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this paragraph, and that you have authorized release of information collected by Telematics Systems or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by lawTravellers Autobarn experience, you agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of may raise a complaint with us. All complaints will be handled in accordance with our Dispute Resolution Process which you can view at xxx.xxxxxxxxxx-xxxxxxxx.xx.xx/xxxxxxxxxxxxxxxxx For more information on your rights you can visit the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.following website xxx.xxxxxxxxxxxxxxxxxx.xxxx.xx/

Appears in 1 contract

Samples: Rental Agreement

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Breach of Contract / Termination. 27.1 28.1 The Renter agrees that Travellers Autobarn shall have the right to refuse any rental and/or terminate this Agreement and, to the extent permitted by law, take immediate possession of the Vehicle without notification to the Renter if: 27.1.1 28.1.1 The Renter fails to comply with Paragraph 9 or any of the other material terms and conditions of this Agreement; 27.1.2 28.1.2 The Renter has obtained the Vehicle through fraud or misrepresentation; 27.1.3 28.1.3 If the Vehicle is damaged; or 27.1.4 28.1.4 In the reasonable opinion of Travellers Autobarn and/or the police, the driver of the Vehicle does not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk. 27.2 28.2 In such an event the Renter will: (a) not be entitled to any refund the rental charges whatsoever; and (b) be responsible for the payment of any towing costs to return the Vehicle to the agreed return location. You indemnify Travellers Autobarn, its employees and agents to the extent permitted by law from claims from any person resulting from entry into any third- party property to repossess the Vehicle. The termination of rent under this Paragraph 27 28 shall be without prejudice to any rights of Travellers Autobarn or the Renter under this Agreement or otherwise at law. 28 Privacy‌ Travellers Autobarn will collect personal information about the Renter as part of the rental process and the Renter acknowledges that Travellers Autobarn may not be able to perform this Agreement if all the information requested is not provided. Any information collected will be handled in accordance with the Travellers Autobarn Privacy Policy, please visit www.travellers- xxxxxxxxxx.xxx/xxxxxxx-xxxxxx. 29 Telematics Notice‌ The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system (“Telematics Systems”), and/or an event data recorder (EDR). You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil level, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that we may deem necessary. To the extent permitted by law, we may disable the Vehicle when we deem necessary, including if you breach this Agreement. You understand that Telematics Systems use cellular and other wireless technology, and that you should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this paragraph, and that you have authorized release of information collected by Telematics Systems or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.

Appears in 1 contract

Samples: Rental Agreement

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