Terms & Conditions

INTRODUCTION

These Terms and Conditions ("Agreement") govern all Luxury Drives experiences operated by MotorShare Holdings Limited ("MotorShare").

By making a booking, making payment, providing payment details, or participating in a Tour, the Customer agrees to be bound by this Agreement.

This Agreement applies regardless of whether the booking is made online, via invoice, through direct communication, or in person.

1. DEFINITIONS

In this Agreement, unless the context requires otherwise:

“Agreement” means these Terms and Conditions, including any schedules, policies, pricing structures, and any documents incorporated by reference.

“Authorised Driver” means a person approved by MotorShare who meets all eligibility requirements set out in this Agreement and is expressly permitted to drive the Vehicle.

“Control” means any period during which the Customer has physical possession of, access to, custody of, or responsibility for the Vehicle, whether driving or not.

“Customer” means any person who makes a booking, provides payment or payment details, or participates in a Tour, and includes any Authorised Driver.

“Damage” means any loss, damage, deterioration, fault, defect, or reduction in condition or value of the Vehicle, including mechanical, structural, cosmetic, or interior damage, whether caused directly or indirectly.

“Incident” means any event resulting in Damage, loss, theft, or third-party liability, regardless of fault or cause.

“Liability Amount” means the maximum amount payable by the Customer for Damage to the Vehicle per Incident, as determined by the applicable liability option selected.

“Loss” means any cost, expense, loss, damage, or liability suffered by MotorShare, including direct, indirect, consequential, or financial loss.

“Loss of Use” means the loss of revenue or opportunity suffered by MotorShare while the Vehicle is unavailable for use due to Damage or repair.

“Maximum Damage Reduction (MDR)” means an optional product offered by MotorShare that reduces the Customer’s Liability Amount for certain Damage to the Vehicle, subject to the terms and exclusions set out in this Agreement.

“MotorShare” means MotorShare Holdings Limited, including its directors, employees, contractors, representatives, insurers, and agents.

“Representative” means any employee, contractor, or authorised agent of MotorShare involved in the operation, supervision, or management of a Tour.

“Tour” means any driving experience, event, or activity organised, operated, or facilitated by MotorShare, including but not limited to Luxury Drives experiences.

“Tour Period” means the period commencing at the moment the Customer first takes Control of the Vehicle and ending when the Vehicle is returned and accepted back by MotorShare.

“Vehicle” means any motor vehicle provided, supplied, or made available by MotorShare for use during a Tour.

“Unsealed Road” means any road surface that is not fully sealed with asphalt or concrete, including gravel, dirt, or loose surface roads.

“Reckless Conduct” means any driving or behaviour that, in MotorShare’s reasonable opinion, creates an increased risk of Damage or harm, including excessive speed, aggressive driving, or failure to follow instructions.

2. CONTRACT FORMATION

2.1 A binding contract is formed upon the earliest of:

(a) Payment being made;

(b) Payment details being provided;

2.2 The Customer acknowledges that no signature is required for this Agreement to be legally binding.

2.3 The Customer confirms that they have had the opportunity to review these Terms and Conditions prior to participation.

2.4 These Terms apply regardless of the booking method, including bookings made via invoice, phone, text message, email, or in person.

2.5 By proceeding, the Customer confirms that they understand and accept all liability, excess, and financial responsibility provisions outlined in this Agreement.

3. BOOKING AND PAYMENT

3.1 Bookings can be made via the MotorShare website, directly with MotorShare staff, or through any other communication channel. All bookings are subject to availability.

3.2 A deposit is required to secure a booking.

3.3 Deposits are non-refundable except as expressly set out in this Agreement.

3.4 The remaining balance must be paid prior to or on the day of the Tour, as directed by MotorShare.

3.5 The Customer agrees to provide a valid credit or debit card to be held on file.

3.6 The Customer authorises MotorShare to charge the card on file for:

(a) any outstanding balance;

(b) any damage, loss, or liability incurred under this Agreement;

3.7 If payment is not received when due, MotorShare reserves the right to cancel the booking and retain any deposit paid.

3.8 All amounts are in New Zealand Dollars and are inclusive of GST unless stated otherwise.

3.9 The Customer remains liable for all amounts due, including any recovery costs incurred by MotorShare.

4. CANCELLATION AND REFUND POLICY

4.1 All deposits are strictly non-refundable and are required to secure the Customer’s place on the Tour.

4.2 If the Customer cancels their booking at any time, the deposit will be retained by MotorShare.

4.3 Any remaining balance paid by the Customer may be refunded at MotorShare’s sole discretion, depending on the timing of the cancellation and the ability to resell the spot.

4.4 Rescheduling requests may be considered at MotorShare’s sole discretion and are subject to availability.

4.5 MotorShare reserves the right to cancel or modify the Tour due to:

(a) weather conditions;

(b) safety concerns;

(d) operational requirements.

4.6 In the event of cancellation by MotorShare, the Customer will be offered either:

(a) a rescheduled date; or

(b) a refund.

4.7 MotorShare shall not be liable for any indirect or consequential costs incurred by the Customer, including travel or accommodation.

5. INSURANCE, LIABILITY AND EXCESS

5.1 Insurance Coverage

MotorShare maintains its own motor Vehicle insurance policy with its nominated insurer and will keep the Vehicle insured against loss or damage in accordance with that policy.

The Customer acknowledges that:

(a) MotorShare’s insurance policy is held solely for MotorShare’s benefit; and

(b) The Customer is not a party to, insured under, or entitled to claim under that insurance policy.

5.2 Customer Liability

While the Vehicle is under the Customer’s control during the Tour Period, the Customer is fully responsible for any damage, loss, theft, or third-party liability.

MotorShare may lodge a claim under its insurance policy at its sole discretion.

The Customer agrees that:

(a) the Customer is liable to MotorShare for all damage, loss, or theft occurring during the Tour Period; and

(b) MotorShare may charge the Customer up to the applicable Liability Amount selected for the Tour.

If an insurance claim is declined and the Customer is found responsible, the Customer agrees to cover the full cost of the damage or loss.

5.3 Indemnity and Third-Party Liability

The Customer indemnifies MotorShare against any third-party loss, claim, damage, liability, or expense arising from the Customer’s use of the Vehicle, except to the extent covered by MotorShare’s insurance and where the Customer has complied with this Agreement.

5.4 Additional Costs and Losses

If the Vehicle is damaged during the Tour Period, the Customer is responsible for all resulting losses suffered by MotorShare, including but not limited to:

(a) the applicable Liability Amount;

(b) loss of use while the Vehicle is unavailable;

(d) administrative fees;

(e) towing and storage costs; and

(f) any other consequential or associated losses.

For the avoidance of doubt, any Maximum Damage Reduction (MDR) applies only to damage to the Vehicle and does not limit liability for loss of use, administrative fees, or other associated costs.

6. LIABILITY OPTIONS (MDR)

MotorShare offers Maximum Damage Reduction (MDR) options which reduce the Customer’s Liability Amount for damage to the Vehicle, subject to the terms of this Agreement.

The following options apply to Tours:

6.1 Standard Liability Amount (Included – $0)

Maximum Liability Amount per incident: NZD $3,000.00

6.2 Reduced MDR (Optional)

Maximum Liability Amount per incident: NZD $500.00

Both options apply to:

Vehicle damage

Third-party damage

7. LIABILITY EXCLUSIONS (APPLY TO ALL PLANS)

7.1 Maximum Damage Reduction (MDR) and any Liability Amount limitation will not apply, and the Customer will be fully liable for all damage, loss, and associated costs where:

(a) the Vehicle is used in breach of this Agreement;

(b) the driver is not an Authorised Driver;

(d) the Vehicle is used in a reckless, dangerous, or unlawful manner (as reasonably determined by MotorShare, including based on staff observations, vehicle data, or behaviour);

(e) the Customer fails to take reasonable care of the Vehicle;

7.2 The following types of damage are expressly excluded from any excess limitation or MDR, and remain fully payable by the Customer:

(a) windscreen damage, including chips, cracks, or propagation of existing damage;

(b) tyre damage resulting from improper use or impact;

(d) interior damage, including but not limited to stains, burns, or misuse;

(e) damage caused by failure to follow instructions or the designated route;

7.3 The Customer acknowledges that:

(a) driving conditions may include loose gravel, road debris, and imperfect road surfaces;

(b) such conditions are inherent to public road use;

7.4 Where any exclusion applies:

(a) the Customer will be liable for the full cost of repairs and all associated losses;

(b) MotorShare may charge the Customer without limitation to the Liability Amount;

8. VEHICLE USE

8.1 The Customer must produce a valid Authorised Licence prior to the commencement of the Tour.

8.2 MotorShare reserves the right to verify any licence at any time and may refuse participation if the information provided is inaccurate or misleading.

8.3 The Vehicle must be used in accordance with all applicable New Zealand laws and MotorShare instructions.

8.4 The Customer must:

(a) Drive safely and responsibly at all times

(b) Follow the designated route provided by MotorShare

6.5 The Customer must not:

(a) Use the Vehicle for any unlawful purpose

(b) Drive in a reckless, dangerous, or negligent manner

(d) Drive off-road or on unsealed roads

(e) Drive under the influence of alcohol or drugs

8.6 The Customer is responsible for all fines, infringements, tolls, and penalties incurred during the Tour Period.

8.7 Smoking is strictly prohibited in all Vehicles.

A cleaning fee of NZD $500 will be charged for any breach of this clause.

8.8 The Customer must not film, use, or distribute content involving the Vehicle for commercial purposes without prior written consent from MotorShare.

9. RIGHT TO REFUSE SERVICE

9.1 MotorShare reserves the right to refuse participation, terminate the Tour, or remove a Customer at any time where behaviour is considered unsafe, inappropriate, or in breach of this Agreement.

9.2 This includes, but is not limited to:

(a) Dangerous or reckless driving

(b) Non-compliance with instructions

(d) Failure to meet eligibility requirements

9.3 In such cases:

(a) The Tour may be terminated immediately

(b) The Customer may be excluded from future experiences

9.4 No refund will be provided where refusal or termination is based on safety concerns or breach of this Agreement.

10. CONDITIONS OF USE

10.1 MotorShare is not responsible for delays or changes caused by external factors including weather, road conditions, or traffic.

10.2 The Customer must take all reasonable care of the Vehicle at all times.

10.3 The Customer must ensure the Vehicle is safely parked and secured when not in motion.

10.4 The Customer must not tamper with, modify, or interfere with any part of the Vehicle or its systems.

10.5 Any unauthorised modification or suspicious behaviour may result in:

(a) Immediate application of the full Liability Amount

(b) Administrative fees

10.6 MotorShare is not responsible for any personal belongings left in the Vehicle.

11. VEHICLE MONITORING AND SYSTEMS

11.1 All MotorShare Vehicles are equipped with:

(a) GPS tracking systems

(b) Dash cameras recording video and audio

11.2 These systems operate continuously during the Tour.

11.3 The Customer acknowledges and agrees that:

(a) Audio and video recordings may capture conversations and behaviour inside the Vehicle

(b) Driving data including speed, location, and behaviour is recorded

11.4 MotorShare may rely on this data as evidence in any claim, dispute, or legal proceeding.

11.5 Any attempt to disable, tamper with, or interfere with these systems will result in:

(a) Immediate application of the full Liability Amount

(b) Additional administrative charges

12. DAMAGE, RESPONSIBILITY AND PRESUMPTION

12.1 The Customer is responsible for any damage, loss, or deterioration to the Vehicle occurring while the Vehicle is under their Control during the Tour Period.

12.2 The Customer must immediately report any damage, incident, or irregularity to MotorShare.

12.3 Any damage not reported prior to the commencement of driving is deemed to have occurred during the Customer’s period of Control, unless the Customer can clearly demonstrate otherwise.

12.4 The Customer is responsible not only for new damage but also for any worsening, extension, or propagation of existing damage, including but not limited to chips, cracks, or mechanical issues.

12.5 MotorShare may determine the nature, cause, and extent of damage based on:

(a) Pre- and post-tour inspections

(b) MotorShare Representative observations

(d) Dashcam recordings (including audio and video)

(e) Any other relevant evidence

12.6 In the absence of clear and objective evidence to the contrary, MotorShare’s assessment of the damage and responsibility shall prevail.

13. VEHICLE CONDITION AND ACCEPTANCE

13.1 By taking control of the Vehicle, the Customer acknowledges that the Vehicle is in good condition and suitable for use, except for any pre-existing damage disclosed prior to the Tour.

13.2 The Customer accepts that any damage not identified prior to driving is deemed to have occurred during their use.

14. SAFETY AND ROAD CONDITIONS

14.1 The Customer acknowledges that the Tour takes place on public roads which may include:

(a) Loose gravel

(b) Road debris

(d) Other hazards beyond MotorShare’s control

14.2 MotorShare does not guarantee road conditions and shall not be responsible for hazards inherent to public road use.

14.3 The Customer accepts these risks and agrees that such conditions do not reduce or remove their liability for damage to the Vehicle.

15. DRIVER CONDUCT AND LIMITATIONS

15.1 The Customer must follow all safety instructions provided by MotorShare Representatives at all times.

15.2 The Customer must not overtake any vehicle during the Tour unless expressly instructed or unless it is safe and necessary due to road conditions.

15.3 The Customer must drive within their capabilities and remain in full control of the Vehicle at all times.

15.4 MotorShare reserves the right to intervene, stop, or remove a driver if their behaviour is deemed unsafe.

16. AUTHORISED DRIVERS

16.1 Only Authorised Drivers are permitted to drive the Vehicle.

16.2 Drivers must:

(a) Be at least 25 years of age

(b) Hold a full and valid driver licence for a minimum of one (1) year

16.3 International drivers must provide:

(a) A valid international driving permit where required

(b) A valid passport

16.4 MotorShare reserves the right to refuse any driver who does not meet these requirements.

16.5 If an unauthorised person drives the Vehicle, the Customer remains fully liable for all damage and associated costs.

17. LIABILITY AND INDEMNITY

17.1 The Customer is liable for all loss, damage, or liability arising from their use of the Vehicle.

17.2 The Customer indemnifies MotorShare against any claim, demand, damage, or expense arising from:

(a) Use of the Vehicle

(b) Breach of this Agreement

17.3 MotorShare shall not be liable for any indirect or consequential loss unless caused by proven negligence.

18. TERMINATION

18.1 MotorShare may terminate this Agreement immediately without notice where:

(a) The Customer breaches any provision of this Agreement

(b) The Customer behaves in a dangerous or non-compliant manner

18.2 Upon termination:

(a) The Tour may be stopped immediately

(b) The Customer remains liable for all amounts due

18.3 MotorShare may also terminate for operational or safety reasons.

19. LATE RETURN AND RECOVERY

19.1 The Customer must comply with all Tour timing and instructions.

19.2 MotorShare is not responsible for delays in the Tour.

19.3 MotorShare reserves the right to take any action necessary to recover the Vehicle.

19.4 Failure to return the Vehicle as required may result in recovery action and additional charges.

20. SECURITY AND OWNERSHIP

20.1 MotorShare retains full ownership of all Vehicles at all times.

20.2 The Customer must not:

(a) Use the Vehicle as security

(b) Attempt to transfer any rights

20.3 The Customer is liable for any recovery costs incurred by MotorShare.

21. PRIVACY AND DATA PROTECTION

21.1 MotorShare collects personal, behavioural, and operational data.

21.2 This includes:

(a) Identity and contact details

(b) Driver licence information

(d) Driving behaviour and vehicle usage data

21.3 All Vehicles are equipped with:

(a) GPS tracking systems

(b) Dash cameras recording audio and video

21.4 The Customer expressly consents to:

(a) Audio and video recording inside the Vehicle

(b) Monitoring of driving behaviour

21.5 MotorShare may share data with:

(a) Insurance providers

(b) Authorities

21.6 MotorShare complies with the Privacy Act 2020.

22. PROBLEM RESOLUTION

22.1 The parties agree to attempt to resolve any dispute in good faith.

22.2 If unresolved, the dispute may be referred to mediation in New Zealand.

22.3 Nothing prevents MotorShare from taking action to recover amounts owed.

23. LOST PROPERTY

23.1 MotorShare is not responsible for any items left in the Vehicle.

23.2 Any recovered items may be returned at the Customer’s cost.

24. INTELLECTUAL PROPERTY

24.1 All intellectual property remains the property of MotorShare.

24.2 The Customer must not use MotorShare branding or assets without prior written consent.

25. GOVERNING LAW

25.1 This Agreement is governed by the laws of New Zealand.

26. CHANGES TO TERMS

26.1 MotorShare reserves the right to update these Terms at any time.

27. NO WAIVER

27.1 Failure to enforce any provision does not waive MotorShare’s rights.

28. ASSIGNMENT

28.1 MotorShare may assign its rights.

28.2 The Customer may not assign their rights.

28. SEVERABILITY

28.1 If any provision is invalid, the remainder remains enforceable.

29. FURTHER ASSURANCES

29.1 The parties agree to take all reasonable steps to give effect to this Agreement.

30. ACKNOWLEDGEMENT

30.1 By making payment, providing payment details, or participating in the Tour, the Customer confirms that:

(a) They have read and understood this Agreement

(b) They accept all liability and excess provisions

31. CONTACT

MotorShare Holdings Limited
27 Walls Road, Penrose, Auckland
team@motorshare.co.nz