The Rental Contract
comprises of the Rental Agreement (clauses
1-7) which specifies the hirer details as
well as the Terms and Conditions (clauses
8-24) The Rental Contract is made on the
date specified between Bens Auto Rentals
(herein referred to as "the Owner") and the
Hirer (herein referred to as "the hirer")
whose particulars are recorded in the Rental
Agreement. It is hereby agreed as follows:
8. VEHICLE RENTAL DESCRIPTION
The
Owner will let and the Hirer will take the
motor vehicle (herein referred to as "the
vehicle"), details of which are described in
the Rental Agreement.
9. DURATION OF
HIRE / AMENDMENTS TO HIRE
(a) The term of
hire shall commence and cease at the time
and dates specified in the rental agreement.
Vehicle charges are on a 24 hour basis. The
first hour of late return is free,
thereafter a full day’s hire applies.
(b) Rates and conditions written in our
printed material or published on our website
are correct at the time of publishing and
are subject to change without notice.
However (subject to changes in legislation
or errors) the Owner will not alter rates
applicable to your rental once the booking
has been confirmed, unless a booking is
amended by the Hirer.
(c) All
amendments are subject to approval by the
owner. One amendment is permitted at no
cost. Subsequent amendments will be charged.
If a reservation amendment occurs and the
hire period is reduced and or drop off
location altered, the rate may be
recalculated. Rate recalculations are based
on the current applicable rate for the
vehicle
(d) Should the Hirer decide
to voluntarily downgrade their vehicle type
from the category booked, they will not be
entitled to a refund.
(e) The Owner
must authorise any rental extension beyond
that specified in the rental agreement prior
to return of the vehicle. All extensions are
subject to availability and must be
requested at least 72 hours prior to the
original drop off date on the rental
agreement, where possible the Owner will
oblige. Failure to comply will result in a
minimum penalty fee of $500 to the Hirer for
the unauthorised extension in addition to
the current daily rental rate.
(f)
The Owner reserves the right to charge a
minimum relocation fee of $500 to the Hirer
if the vehicle has been returned to a
different location than what was agreed.
10. PERSONS WHO MAY DRIVE THE VEHICLE
(a) The vehicle may be driven during the
period of hire, only by the names of the
Authorised Drivers or the Hirer on the
rental agreement and only if they are over
25 years of age at the time of this
agreement and hold a current and valid full
driver's license appropriate for the
vehicle, which must be presented to the
Owner at time of pick up.
(b)The
Authorised Driver agrees to be bound by
those restrictions and is aware insurance
can be voided if restrictions are not
adhered to.
(c) A $50 fee applies to
each and every extra driver on the agreement
after the hirer.
11. OBLIGATIONS OF
THE HIRER
(a) The Hirer shall ensure that
all reasonable care is taken in handling and
parking the vehicle and that it is left
securely locked when not in use.
(b)
The Hirer shall ensure that the recommended
levels are maintained with respect to the
water in the radiator and battery of the
vehicle, the oil and the tyre pressures of
the vehicle.
(c) Smoking and or
animals are not permitted in the vehicle at
any time. The Owner reserves the right to
charge a minimum vehicle grooming fee of
$200 in the case of failure to comply with
these policies
(d) It is the Hirer’s
responsibility to be aware of and act in
compliance with all the St. Vincent & the
Grenadines Traffic rules and regulations.
(e) The child restraint law stipulates
that children under 7 years of age must be
properly restrained in an approved child
restraint. It is the hirer’s responsibility
to ensure the child restraint is installed
correctly in the vehicle.
(f) The
Hirer is responsible for the cost of fuel
used during the hire. If the Hirer elects to
take the fuel purchase option at the start
of the hire, no refund is made for remaining
fuel on return of the vehicle. If the fuel
purchase option has not been taken at the
start of the hire, then the vehicle should
be returned with a full tank, otherwise a
$80 refuelling fee applies. The Hirer is
absolutely liable for the cost to refuel the
vehicle and the refuelling surcharge. Please
note all vehicles will be re-fuelled on
return and vehicles requiring more than $50
of fuel will be subject to the refuelling
fee.
(g) All Authorised Drivers are
bound by the terms and conditions of the
hire and must carry their driver’s license
with them when driving.
(h) For any
new damage to the vehicle or its accessories
or spare parts, the Hirer must notify the
Owner of the full circumstances of the
damage as soon as practical but within a
maximum of 12 hours from the time the Hirer
has knowledge of the damage. All necessary
paper work required by the Owner must be
completed by the Hirer before the
termination of the hire. Failure to do so
will result in a $500 fee and the
possibility of the Hirer being fully liable
for the damage.
(i) If there is a
defect or mechanical failure of the vehicle
during the hire, the Hirer must notify the
Owner within 12 hours. If the Hirer fails to
notify the Owner within this time then the
Hirer waivers the Owners obligations to
investigate the issue of which the Hirer
will be liable for any resulting damage.
(j) The Hirer shall ensure that a copy
of this agreement is kept in the vehicle
throughout the term of the hire and produced
without delay for inspection on demand by an
enforcement officer.
12. OWNER'S
OBLIGATIONS
(a) The Owner shall supply
the vehicle in a safe and roadworthy
condition, up to current Certificate of
Fitness standards.
13. 24 HOUR
MECHANICAL BREAKDOWN ASSISTANCE
All
vehicles are registered for 24hr roadside
assistance. This service covers all
Mechanical and Non-Mechanical breakdowns.
(a) All Mechanical breakdowns are
covered by the Owners relevant Roadside
Assistance program and include the
following;
Engine faults
Electrical faults
Cooling system
Vehicle recovery
(b) All Non-Mechanical
breakdowns are subject to the relevant call
out fees charged by the AA to the Hirer and
include but are not limited to the
following;
Out of fuel / incorrect
fuelling of the vehicle.
Wheels and tyres
Keys being lost or locked inside the
vehicle.
Flat batteries as a result of
the lights or keys being left on.
A
breakdown as a result of damage caused in an
accident, including salvage.
14.
MECHANICAL REPAIRS
a) If warning lights
appear in the vehicle the driver must cease
driving as soon as practical and;
Contact BensAuto Rentals for assistance.
Inform the Owner immediately.
(b) If the
vehicle becomes unfit to drive due to a
breakdown that was not the fault of the
Hirer, the Owner will refund to the Hirer
the rental charges that relate to the period
during which the car could not be used. The
Owner will undertake to arrange the repair
or replacement with another vehicle as soon
as practicable.
(c) If there is a
defect or mechanical failure of the vehicle
during the hire, the Hirer must notify the
Owner immediately. If the Hirer fails to
notify the Owner then the Hirer waivers the
Owners obligation to investigate the issue
of which the Hirer will be liable for any
resulting damage.
(d) The Hirer shall
not arrange or undertake any repairs without
the Owner’s prior authority except to
salvage the vehicle to prevent further
damage to the vehicle or to other property.
If the Hirer has had to pay to salvage the
vehicle, the Hirer must inform the Owner
within a maximum 12 hour period or forfeit
the right to seek reimbursement of the
salvage costs.?
(e) If any repairs
are required whereby the Owner has
authorised then but the Hirer is not liable
for the repairs, the Hirer will be
reimbursed once the invoice or receipts have
been provided to the Owner.
(f) The
Hirer is not permitted to instruct any
person to interfere with any mechanical
aspect of the vehicle including, but not
limited to, the distance recorder,
speedometer, engine, transmission, braking
or suspension systems of the vehicle.
15. ACCIDENTS & NEW DAMAGE
(a) In the
event of an accident or new damage the Hirer
must:
Notify the Owner of the full
circumstances as soon as practical, but
within a maximum of 12 hours from the time
that the Hirer has knowledge of the damage
or requirement of repairs or salvage.
Notify the SVG Police and request they
attend the scene to determine liability.
Where possible, take some photos of the
accident site and the damaged vehicles.
If the Police could not attend, call into
the closest Police station to report the
incident and obtain a report.
The Hirer
must not make any admission of liability
Complete the forms provided in your Rental
Contract folder to record the full details
of all parties including witnesses and the
vehicles involved in the accident along with
your written statement and diagram of the
accident circumstances.
Contact the
nearest Bens Auto Rentals branch and make
arrangements to complete the necessary
insurance documents. Insurance documents
must be completed before the end of the hire
period specified in clause 3 of this
agreement. b) Damage includes any and all
damage to third party property, damage to
the rented vehicle including tyres,
windscreens, towing and recovery costs,
theft, fire, break-in or vandalism.
(c)
During the hire period the Collision Damage
Waiver (CDW) can only be used once for the
damage that has occurred first. Once the CDW
is used Your Insurance Excess reverts to the
Standard Insurance Excess. Also the
additional benefits of CDW no longer apply.
(d) In the event a vehicle is replaced
due to damage the CDW is not transferable to
the replacement vehicle.
(e) Your
Insurance Excess (clause 6) is applicable
regardless of who is at fault and must be
paid at the time the accident is reported,
not at the completion of the rental. Your
Insurance Excess will be refunded only if
the Owner is successful in recovering the
full cost of the damages from the third
party. Please note that third party claims
can take many months to resolve.
(f)
The Hirers assistance maybe required if
liability is being disputed by the at fault
party, which means you may be required to
attend a disputes tribunal hearing in person
or via telephone conference.
(g)
Where the car has been returned outside of
office hours, the Hirer shall remain liable
for any damage to the vehicle until it has
been uplifted and checked by the Owner
(including after it has been cleaned
sufficiently to expose any new damage).
(h) Under body and roof damage to a
vehicle is not covered by insurance
therefore the Hirer will be notified via
email summarising the repair costs and will
be charged thereafter.
(i) The Owner
reserves the right to charge a minimum $2000
fee in addition to any other costs if the
vehicle including its accessories and spare
parts is damaged as a result of submersion
in water, including crossing creeks, rivers,
flooded fords, salt water or on beaches.
(j) The Hirer shall not arrange or
undertake any repairs without the Owner’s
prior authority except to salvage the
vehicle to prevent further damage to the
vehicle or to other property. If the Hirer
has to pay to salvage the vehicle, the Hirer
must inform the Owner within a maximum 12
hour period or forfeit the right to seek
reimbursement of the salvage costs.
(k) If any repairs are required whereby the
Owner has authorised them, but the Hirer is
not liable for the repairs, the Hirer will
be reimbursed once the invoice or receipts
have been provided to the Owner.
(l)
Failure to advise of an accident or new
damage and complete the relevant claim forms
prior to the termination of the hirer will
incur a $500 claim handling fee and can
result in the hirer becoming fully liable
for all costs.
(m) Any events
excluded in clause 16.2 are not covered by
insurance therefore the Hirer will be fully
liable for all costs associated with the
event.
(n) If the vehicle is rendered
unfit to drive after an accident, the Owner
is not obliged to make any refund for the
unused hire period (including Collision
Damage waiver (CDW) payment if applicable)
and the provision of a replacement vehicle
shall be at the Owner’s sole discretion. The
Owner shall not be responsible for the cost
of transporting the Hirer and any
accompanying passengers away from the
accident location. In the event that the
Owner decides to offer the Hirer an
alternative vehicle, the vehicle shall be
available at the nearest branch of the
owners business not delivered to the
accident location. The Owner reserves the
right to provide the replacement vehicle
subject to an increased Hirer’s liability
and/or to decline to offer CDW for the
replacement vehicle.
(o) The Hirer
shall be obligated to accept a quotation for
repairs as proof of quantum for the damages
caused to the Owners vehicle.
16.
LIABILITY
(a) The Hirer is liable for:
Any loss of, or damage to, the vehicle
and its accessories;
Any consequential
damage, loss or costs incurred by the owner,
including salvage costs, loss of ability to
re-hire and loss of revenue; and
Any loss
of, or damage to, vehicles and property of
third parties, arising during the term of
hire.
(b) The Hirer agrees to release and
indemnify the Owner from and against all
actions, claims, demands, losses, damages,
costs, expenses, harm or other misadventure
which the Hirer may suffer or incur or
become liable for as a result of the use or
misuse of the vehicle.
16.1 INSURANCE
All Insurance is subject to the Insurance
Exclusion in 16.2
(a) Motor vehicle
insurance is offered by the Owner but the
Hirer may make his or her own insurance
arrangements provided these are approved by
the Owner prior to the pick-up date in
clause 3. If the Owner is not satisfied that
the Hirer’s insurance is comparable with the
Owners insurance cover, the Owner may
decline to hire the vehicle.
(b) If
the Hirer elects to use the Owners’
insurance, any person named in the Rental
Agreement as a person permitted to drive the
vehicle is, subject to the terms and
condition of this agreement.
(c) The
Hirer’s liability is covered by the Owner’s
insurance as set out in the sub-clauses 16.a
(i), 16.a (ii) and 16.a (iii) to a maximum
of$1,000,000. This clause does not apply if
the Hirer rejects the Owner’s insurance.
(d) The Hirer’s liability for damage
applies in respect of each separate accident
or new damage, not each rental.
(e)
If the Hirer elects to use the Owners
insurance the excess payable by the Hirer is
the Standard Insurance Excess in clause 6
and is payable for each and every new damage
involving the vehicle, unless the Hirer
elects to purchase Collision Damage Waiver
(CDW)
(f) The Hirer may purchase CDW
to reduce the Standard Insurance Excess
payable by the Hirer under the Owners’
insurance cover. If the Hirer elects to
purchase CDW, the Hirer will pay the daily
CDW rate described in clause 4 for the Hire
Period.
(g) In the event a vehicle is
replaced the CDW is not transferable to the
replacement vehicle.
(h) During the
hire period the CDW can only be used once
for the damage that has occurred first. Once
the CDW is used Your Insurance Excess
reverts to Standard Insurance Excess in
clause 6. Also the additional benefits of
CDW no longer apply.
16.2 INSURANCE
EXCLUSIONS
Insurance is void in the
following events therefore the Hirer will be
fully liable for all costs associated with
the event:
(a) The driver of the vehicle
is under the influence of alcohol or any
drug that affects their ability to drive the
vehicle.
(b) The vehicle is in an
unsafe or un-roadworthy condition that arose
during the course of the hire and that
caused or contributed to the damage or loss,
and the Hirer or driver was aware or ought
to have been aware of the unsafe or
un-roadworthy condition of the vehicle.
(c) The vehicle is driven by any person
not named under Clause 2 of this rental
agreement.
(d) The vehicle is
operated by any person who at the time
drives the vehicle is disqualified from
holding or has never held a driver's license
appropriate for that vehicle.
(e) The
vehicle including its accessories and spare
parts is wilfully or recklessly damaged by
the Hirer or any person named under Clause 2
of this agreement, or driving the vehicle
under the authority of the hirer, or is lost
as a result of the wilful or reckless
behaviour of the hirer or any such person.
(Note: Damage to tyres, rims, burning out a
clutch and any damage arising from using the
vehicle to propel any other vehicle are
regarded as wilful or reckless damage).
(f) The vehicle is operated on any of
the following roads: Ball Hutt Road (Mt
Cook), Skippers Road (Queenstown), Ninety
Mile Beach (Northland), all roads north of
Colville (Coromandel Peninsula), or any
unformed road including any beach.
(g) At any time when the vehicle was
operated beyond the term of the Rental
Agreement or any unauthorised extension of
the term, or at any other time or in any
other circumstances notified by the owner to
the hirer.
(h) The driver, or a
person under the Hirer’s authority or
control commits a traffic offence while
driving the vehicle.
(i) At any time
when the vehicle is loaded or is being
loaded in excess of the manufacturer's
specifications;
(j) The vehicle,
property or any other vehicle is damaged in
circumstances which are illegal in New
Zealand.
(k) The vehicle including
its accessories and spare parts is damaged
as a result of submersion in water,
including crossing creeks, rivers, flooded
fords, salt water or on beaches.
(l)
The vehicle including its accessories and
spare parts is damaged as a result of
incorrect fitting or use of snow chains or
ski/snowboard racks or bicycle racks.
(m) The vehicle including its
accessories and spare parts is damaged by
any item carried inside or outside the
vehicle, such as a surfboard or bicycle.
(n) The Hirer does not report, to the
Owner, an accident or damage to the vehicle
within 12 hours of the incident occurring,
unless extenuating circumstances make this
not practical.
(o) Continuing to
drive a vehicle if a warning light appears
causing more damage to the vehicle.
(p) Costs to replace keys which have been
lost or the retrieval of keys which have
been locked inside a vehicle.
(q)
Tyres and windscreens are not covered unless
a Peace of Mind Collision Damage Waiver
(CDW) is purchased.
(r) In the event
of a single vehicle accident, the Hirer is
aware that they are liable for any salvage
and recovery costs of the vehicle.
(s) Hirer’s Personal belongings are not
covered.
(t) The incorrect filling of
fluid or fuel tanks.
(u) Allow any
person to smoke in the vehicle or to
transport animals.
(v) Recovery of a
vehicle which has become bogged or
immovable.
(w) Cost of repair or
replacement of other products in clause 4
(x) Damage to the under body or roof of
a vehicle.
(y) It is agreed between
the Owner and the Hirer that section 11 of
the insurance Law shall apply with
respect to these exclusions as if this
clause constituted a contract of insurance.
The Hirer acknowledges that by signing this
agreement that the Hirer is aware of all
these exclusions.
(z) Failure to
advise of an accident or new damage and
complete the relevant claim forms prior to
the termination of the hirer
17. TOLL
NOTICES & INFRINGEMENT FEES
a) In the
event that the Owner receives an Unpaid Toll
Notice relating to the period the vehicle
was on hire, Bens Auto Rentals will pay the
outstanding toll fees on behalf of the hirer
and an Administration fee of $25 will be
charged per notice in addition to the toll
fees.
(b) In the event the Owner
receives an infringement notice of a
speeding, parking or other traffic
infringement relating to the period the
vehicle was on hire, the Owner will;
The Owner will notify and provide the Hirer
details of the infringement notice as soon
as is practical.
Provide the necessary
information to the relevant authority for
such notices to be directed to the Hirer.
An administration fee of $50 will be charged
to the Hirer for transfer of liability of
the notice to the Hirer.
The Hirer has
the right to challenge, complain about,
query or object to the alleged offence to
the issuing enforcement authority.
The
Hirer has the right to 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.
18.
PAYMENTS BY HIRER
(a) The Hirer shall pay
the Owner the agreed sum specified in clause
5 of the rental agreement prior to pick up
or on pick up.
(b) The Hirer is
liable for any damage or missing
accessories. The replacement cost will be
based on the current retail replacement
value at the time of loss.
(c) Your
Insurance Excess or CDW (clause 6) is
applicable regardless of who is at fault and
must be paid at the time the accident is
reported, not at the completion of the
rental. Once the CDW is used for your first
accident Your Insurance Excess reverts to
the Basic Insurance Excess stated in clause
6.
(d) Any events excluded in clause
16.2 are not covered by insurance therefore
the Hirer is fully liable for all costs
associated with the event.
(e) In
addition to the payment specified in clause
18.a to 18.d, the Hirer acknowledges that
they shall be liable to pay the Owner any
applicable additional fees these include,
but are not limited to:
$50 Admin fee
per Speeding, Parking or Traffic
Infringement
$25 Admin fee per Toll
notice in addition to the toll costs.
$10
Additional Driver fee per driver added.
$25 Refuelling fee plus the cost of fuel if
the vehicle is returned not full.
Minimum
$500 Unauthorised Extensions fee in addition
to the current daily rental rate.
Minimum
$500 Relocation fee for dropping off to a
different location.
$500 Claim Handling
fee for failure to advise of an accident or
new damage and complete the relevant claim
forms prior to the termination of the hirer.
The owner reserves the right to charge a
minimum $2000.00 Water/sand damage fee in
addition to any other costs if the vehicle
including its accessories and spare parts is
damaged as a result of submersion in water,
including crossing creeks, rivers, flooded
fords, salt water or on beaches
Minimum
$200 Grooming fee for vehicle's interior if
the vehicle is returned in an excessively
dirty condition that requires extra cleaning
or deodorizing.
(f) The Owner will deduct
the charges set out in clauses 18a – 18e
from the Hirer’s credit card during or after
the term of Hire is completed, or the Hirer
may pay such charges as agreed with the
Owner, such choice to be at the Owner’s sole
discretion.
(g) The Hirer expressly
and irrevocably authorises the Owner to
deduct all charges determined by the Owner
in its sole discretion to be payable under
this Rental Contract from the Hirer’s credit
card and such authority shall not be revoked
without the prior written approval of the
Owner.
(h) The Hirer agrees that in
the event of a dispute arising as to whether
a fee has been appropriately charged to the
Hirer’s credit card, the Hirer will not seek
to have the charge on the Hirer’s credit
card reversed, but will rather contact the
Owner directly to discuss whether the charge
has been applied in error.
(i) If the
Hirer fails to pay any money due under or in
connection with the Rental Agreement within
14 days of the date by which the Hirer was
required to pay the money, the Owner may,
without prejudice to any other rights or
remedies the Owner may have or be entitled
to, charge the Hirer and the Hirer must pay
all additional costs as outlined. (a)
interest at 10% (compounded daily) on the
total amount owing from the expiry of 14
days from the date on which the Hirer was
required to pay the money to the date of
payment; (b) All costs for the collection of
any unpaid money by a debt collection agency
or other external or legal agency will be at
the Hirers cost.
Please Note:
Most
major Credit Cards including VISA,
MasterCard, American Express, and Diners are
accepted. However, we do not accept prepaid
Visa or MasterCard or Debit cards for
security.
19. USE OF THE VEHICLE &
ADDITIONAL ITEMS
The hirer must not use
or permit the vehicle to be used for
carriage of passengers for the hire or
reward unless the vehicle is hired with the
knowledge of the Owner for use in a
passenger service licensed under Part 4a of
the Land Transport Act 1998.
The
hirer must not:
(a) Assign, sublet or
hire the vehicle to any other person.
(b) Allow the vehicle to be operated
outside his or her authority.
(c)
Operate the vehicle or permit to be
operated, in circumstances that constitute
an offence by the driver against sections
56, 57 and 58 of the Land Transport Act
1998.
(d) Operate the vehicle or
allow it to be operated in any race, speed
test, rally or contest.
(e) Operate
the vehicle or permit it to be operated in
breach of the Land Transport Act 1998, the
Traffic Regulations Act 1976, the Transport
Act 1962, or any other Act, regulations, or
by laws relating to road traffic.
(f)
Operate the vehicle or allow it to be
operated for the transport of more than the
number of passengers or more than the gross
vehicle mass specified in the certificate of
loading for the vehicle.
(g) Drive or
allow the vehicle to be driven, by any
person if at the time of his or her driving
the vehicle, is not the holder of a current
driver's license appropriate for the
vehicle, or permit the vehicle to be driven
by any person who is not an Authorised
Driver named on the rental agreement
overleaf.
(h) Operate the vehicle or
allow it to be operated to tow or propel any
other vehicle, except any luggage trailer
supplied by the owner.
19.1
ACCESSORIES
(a) Due care should be taken
with any accessory while rented from the
owner. Do not leave GPS unit in sight when
the vehicle is unattended.
(b) The
Owner is not responsible for any harm,
damage, loss or misadventure that occurs as
a result of the use or misuse of any
accessories on hire.
(c) The Hirer
agrees to follow all safety and usage
guidelines provided by the manufacturer and
the Owner.
(d) The Hirer is liable
for any damaged or missing accessories. The
replacement cost will be based on the
current retail replacement value at the time
of loss.
20. BOND
(a) A bond is
only taken when you elect to take the Basic
Insurance option. The applicable bond that
will be authorised to your credit card on
pick up.
(b) The bond is fully
refundable provided the vehicle is returned
on time to the correct location clean and
tidy, undamaged and with a full fuel tank
(unless the hirer has a pre-purchased fuel
option).
(c) The Owner reserves the
right to bank the bond after the termination
of the rental period to cover the cost of
un-notified infringements or damage to third
party vehicles or their property.
(d)
Where a third party causes damage, the Hirer
is liable for damages as specified in their
rental agreement. As insurance is not
compulsory in New Zealand there is no
guarantee that these damages will be
recovered, therefore the bond may be banked
and not refunded.
(e) A bond shall be
taken for each accident. In the event of a
replacement vehicle being dispatched, the
bond will revert back to the Basic Insurance
Excess irrespective of the purchase of CDW.
(f) A debit card or Visa debit card is
not sufficient for bond and/or security.
21. RETURN OF VEHICLE & TERMINATION OF
THE HIRE
(a) Should the Hirer decide to
voluntarily return the vehicle (including
car keys) and accessories to the location
specified in clause 3 of the agreement prior
to the expiry of the hire term, the Hirer
will not be entitled to a refund.
(b)
The Owner must authorise any rental
extension beyond that specified in the
rental agreement prior to return of the
vehicle. All extensions are subject to
availability and must be requested at least
72 hours prior to the original drop off date
on the rental agreement, where possible the
Owner will oblige. Failure to comply will
result in a minimum Unauthorised Extension
fee of $500 in addition to the current daily
rental rate.
(c) The Owner reserves
the right to charge a minimum Relocation fee
of $500 if the vehicle has been returned to
a different location than what was agreed.
(d) The Owner shall have the right to
terminate the agreement and repossess the
vehicle (and for that purpose enter any
premises and remove the vehicle) at any
time, without notification to the Hirer, and
the Hirer will pay reasonable costs of
repossessing the vehicle, including towing
charges, in any of the following
circumstances:
The Hirer is in breach
of any material term of this agreement;
The Hirer has obtained the vehicle through
fraud or misrepresentation;
The payment
for the rental is in arrears;
The vehicle
appears to be abandoned;
The vehicle is
not returned on the agreed return date;
The vehicle is damaged;
The Owner
considers, on reasonable grounds, that the
vehicle is endangered.
In the event of
such termination or repossession the Hirer
has no right to a refund of any part of the
rental charges. The termination of the hire
under this clause shall be without prejudice
to the other rights of the Owner under this
agreement or otherwise.
22. EXCHANGE
RATE & CURRENCY FLUCTUATIONS
All
transactions under this agreement are
conducted in Eastern Caribbean dollars. Due
to exchange rate fluctuations and bank
charges there may be variance between
amounts charged and amounts refunded to the
Hirer’s credit card. The owner accepts no
liability for any such variations.
23. RELEASE AND INDEMNITY OF GO RENTALS
(a) The Hirer releases the Owner and its
employees and agents from any liability to
the hirer, for any loss or damage incurred
by the hirer by reason of rental, possession
or use of the vehicle.
(b) The Hirer
hereby indemnifies and shall keep
indemnified the Owner and its employees and
agents against any claims, demands and
expenses (including legal costs) incurred or
sustained by the Hirer by reason of the
hirer’s use and/or possession of the
vehicle.
(c) Any indemnity required
of the Hirer shall not operate to indemnify
the Owner in respect of any negligent act by
the Owner.
24. CANCELLATION POLICY
The cancellation fees that apply to
reservations are as follows:
(a) If
cancelled 28 days prior to pick-up: No Fee.
(b) If cancelled from 27 to 4 days prior
to pick-up: 10% of Gross Rental.
(c) If
cancelled after 72 hours prior to pick-up:
50% of Gross Rental.
(d) If cancelled on
day of pick up or No-Show: 100% of Gross
Rental.
If a vehicle is returned early
for any reason whatsoever there is no refund
available. Any reservations made on the
internet require a deposit at time of
booking; this is a non-refundable deposit
irrespective of the circumstance.
RATES / TERMS & CONDITIONS
Are subject to
change without notice.
