TERMS AND CONDITIONS OF RENTAL AGREEMENT
1) Advance Car Rental rents to the Renter signing this Rental Agreement, the vehicle (which includes all wheels, tools, accessories, and equipment) described on the reverse. Advance Car Rental reserves the right to refuse rental or additional driver’s privileges to anyone.
2) This vehicle is the property of Advance Car Rental and is considered to be in good condition. By taking possession of the vehicle, the Renter is considered to be satisfied that the vehicle is roadworthy and in proper running order. Advance Car Rental will not be liable for any losses due to mechanical or electrical failure, nor for delays or consequential losses howsoever arising, over which Advance Car Rental has no control. Renter agrees to promptly (hereafter promptly means “prior to leaving the Cayman Islands or on the spot as demanded”) pay the rate specified for the period specified on the reverse, plus other related charges incurred by this Rental Agreement. Renter agrees to return the vehicle on the date and time specified on the Rental Agreement (hereafter called “Agreement” and includes any addendums or forms duly signed by Renter or Renter’s Agent/Proxy), or on demand, to an official agent of Advance Car Rental, in the same condition and with the same amount of fuel and equipment as when it was received. Renter agrees that the rate specified only applies if the vehicle is returned on time on the date specified. Higher rates may prevail, and if so renter will be charged the higher rates if the vehicle is kept longer than the specified due in date and time, or if the class of vehicle rented has changed. Not returning the vehicle on time, or on demand, is considered a breach of this Agreement, and will be treated the same as theft. Advance Car Rental may repossess vehicle without notice at the Renter’s expense if the vehicle is used in violation of any Laws of the Cayman Islands, or in violation of any terms and conditions of this Agreement.
3) Renter Shall:
- a. Besides himself/herself, only allow the vehicle to be driven by authorized drivers of this Agreement, whereby such persons permitted to drive shall have a valid full license and/or permit to drive in the Cayman Islands, which has been held for at least one year, and such persons must be between the ages of 21 and 65 years unless otherwise authorized by management;
- b. Indemnify Advance Car Rental against any claims in respect of loss, injury or damage sustained as a result of use of the vehicle, or as a result of any defect in it, or otherwise howsoever caused, subject to the relevant Laws of the Cayman Islands;
- c. Pay for fines resulting from parking and traffic violations;
- d. Immediately notify Advance Car Rental as to any loss or damage to the vehicle;
- e. Keep the vehicle in good repair and condition, Fair Wear and Tear excepted, where the expression ‘Fair Wear and Tear’ has its ordinary and natural meaning but does not include:- slits or punctures to tyre walls or tyres damaged beyond economical repair; dents or scratches other than small scratches or chips; stains, burns or tears in seats, headlining or carpets; damage or removal of the engine, gearbox, clutch, axles, suspension, steering, brakes, lighting, equipment and accessories.
4) Renter ShaII Not:
- a. SMOKE IN THE VEHICLE. Advance Car Rental vehicles are Smoke Free. Charges for removing odder from vehicle will be applied.
- b. Use the vehicle or allow the vehicle to be used for: the transportation of persons or property for hire, or for any consideration (whether expressed or implied), driving tuition, racing or any other sporting competitions, or to push or tow anything;
- c. Overload the vehicle or permit the vehicle to be overloaded;
- d. Deface or alter the paintwork, body and coachwork of the vehicle, remove bumper/windshield stickers, license plate, without Advance Car Rental consent charges will be applied;
- e. Use the vehicle or allow the vehicle to be used by anyone:— ( i ) under the influence of drugs, alcohol, or any substance which will impair driving ability, or in a state of drowsiness; ( ii ) in an abusive, reckless or negligent manner, or in any way whatsoever that violates or breaches any terms and conditions of this Agreement or any Laws of the Cayman Islands;
- f. Leave the vehicle unattended, unless the keys are removed and the vehicle is properly secured;
- g. Give Advance Car Rental false or misleading information.
5) Renter may decline the privilege of driving the vehicle, with the privilege of driving given only to additional drivers. ln this case, Renter shall initial in the appropriate box indicating that he/she will not drive the vehicle. Renter will still bear all financial responsibility in relation to this Agreement.
6) It is agreed that the Loss Damage Waiver (LDW) and the Third Party Liability Waiver (TLW) are not insurance policies sold to the Renter by Advance car Rental. Renter is covered under Law of the Cayman Islands by an AUTOMOBILE THIRD PARTY LIABILITY INSURANCE POLICY (herein called “PoIicy”). Said Policy is primary in respect to other insurances carried by the Renter and covers bodily injuries or death to third parties of not more than one million dollars to any one person, and not more than five million dollars in the aggregate in any one event, and third party property damage liability limits of Cl$250,000.00 in aggregate in any one event. Liability to the Renter or occupants of the vehicle is not covered. Renter or driver agrees to immediately report to Advance Car Rental and to the nearest Police Station (Tel: 949-4222 or 911) any accident or incident in which the vehicle is involved. In an accident, there should be no admission of guilt or liability on the part of the person driving the vehicle. The Policy requires that the Renter and additional drivers co-operate with Advance Car Rental and the insurer in the investigation and defense of any claim arising from the operation of the vehicle, and that the Renter shall complete and sign any document or give any information necessary for effecting insurance, or otherwise in connection to any claim or suit. This Policy or any insurance carried by the Renter or drivers are hereby amended to conform with the Laws of the Cayman Islands. The Renter and approved additional drivers are insured under this Policy, and as such are bound to all the terms and conditions of the Policy, which are hereby deemed to be incorporated into this Agreement by reference thereto. A copy of the Policy is available for inspection at the main office of Advance Car Rental. The Renter agrees to hold Advance Car Rental harmless from all loss, liability, and expense in excess of the provisions provided by the Policy, howsoever arising. Any violation of this Agreement automatically voids the LDW, and TLW, but does not release the Renter from paying such charges. Renter shall promptly pay for all damages, loss of revenue from the vehicle, and any other charges arising if this Agreement is violated in any way, regardless of whether LDW or TLW are accepted. The liability of Advance Car Rental and the Insurer applies only for compensation for damages awarded in the Cayman Islands.
7) Advance Car Rental is not responsible for any personal items left in the vehicle.
8) Renter agrees to pay promptly for all charges arising from this Agreement. Applicable charges include, but are not limited to: Rental and service charges; LDW and/or/TLW; Driving Permits, lost or broken keys, towing service, refueling, pick-up fees, drop-off fees, shuttle service, delivery fees, roadside assistance fees, addition driver fees, baby/child seat rental fees, loss of use fees, convertible top set-up fees, damage or- repair fees, LDW and/or TLW deductible, charges arising after a final audit of this Agreement; Legal fees, vehicle repossession fees; all damages or losses of any nature caused by negligence, wanton and reckless use of the vehicle, or resulting from driving the vehicle off—road (any road, trail, or path, public or private, that is not hard surfaced and regularly maintained); any other reasonable fees, charges, and interest due on outstanding balances billable at 1% per month.
9) In the event that Advance Car Rental makes a claim against the Renter, the Renter will pay all attorney fees, out of pocket expenses for collection or repossession and court costs. If the Renter has directed the charges to be transferred to another party who fails to make payment when due, then the Renter will pay Advance Car Rental for such charges promptly.
10) This is the entire Agreement between Renter and Advance Car Rental. Any modifications or addendums must be in writing and signed by the Renter. No oral statements are valid.
AFTER HOUR CONTACT : 925-34435