Rental Agreement Terms and Conditions

Rental Agreement Terms and Conditions

Chase Car Rental (hereinafter called "the Lessor") hereby rents to the renter the vehicle described overleaf (hereinafter called "the Vehicle") subject to the terms and conditions contained herein. The renter warrants the truth and accuracy of the information given by him/her in this agreement. The renter acknowledges and it is agreed that:

1. The renter received the vehicle in good order and condition and will return the same together with all tyres, tools, car documents, accessories and equipment in the same condition, (ordinary wear and tear excepted but EXCEPTING undue wear and tear by reason of misuse or abuse) as agreed by and with the Lessor.

2. Save where damage to the vehicle and/or theft of the vehicle is covered by the Lessor's insurance or other insurance, the renter's liability for damage to the vehicle and theft of the vehicle extends to such time as an agent of officer of the Lessor obtains physical possession of the Vehicle after rental.

3. The vehicle shall not be used, operated or driven by any person:
a. Outside of the jurisdiction of Antigua and Barbuda;
b. To transport goods in violation of any law of Antigua and Barbuda;
c. To carry passengers or property for a consideration expressed or implied;
d. To propel or tow any vehicle or trailer without the consent of the Lessor;
e. In motor sports events (including racing, pace making, rallying, reliability trials and speed testing) or for driving tuition or instruction;
f. Under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates or any other substance impairing the operator(s) consciousness or ability to react; such determination of impairment may be made by an agent or officer of the Lessor upon reasonable inference of all of the factual circumstances; such inference may be made upon reliance of the sense of seeing, hearing and, or smelling.
g. In an "active" negligent manner which would constitute gross negligence and could seriously impair the operator(s) ability to react including but not limited to such actions as reading maps while driving, using a hand-held mobile phone, reversing onto a primary roadway, driving above legal speed limits, etc.
h. Other than the renter and the authorised drivers;
i. Who has given a fictitious or false name, age, address, or driving license;
j. To carry a number of passengers and/or property which would overload the vehicle.

4. The renter incurs a personal debt to the Lessor and the renter assumes and accepts full responsibility for any and all damages, loss and/or theft, regardless of fault, to the vehicle during the rental period. The Lessor will give earnest consideration to waiving its right to demand payment of the debt if the renter has chosen to purchase Collision Damage Waiver ("CDW") and the conditions of the CDW have otherwise been satisfied by the renter.

5. With respect to CDW, upon the payment of the appropriate daily fee, the Lessor will give earnest consideration to waiving its right to demand the payment of the debt incurred by the renter on account of any damage, loss and/or theft to the vehicle during the rental period, up to the agreed amount.

6. The Lessor will not give any consideration to waiving its right to demand payment for the debt incurred, and the renter shall not be entitled to the exercise of any such waiver, in the event that:
a. There is any breach of the conditions specified in clause 3 herein.
b. The police having investigated any accident involving the operator(s) and the vehicle during the rental period, the police find the operator(s) at fault and/or the police indicate they intend to initiate legal proceedings against the operator(s) with respect to such accident.

7. Collision Damage Waiver is not "insurance" as defined by the Insurance (License) Act or any other law. The Lessor does not undertake to indemnify the renter against loss or liability for loss nor does the Lessor undertake to pay a sum of money or other thing of value upon the happening of any event. The Lessor undertakes only to give earnest consideration to providing indemnification and in any event it does not undertake to pay a sum of money or other thing of value upon the happening of an accident or other event that causes damage or loss to the vehicle or results in the theft thereof.

8. The renter hereby releases and indemnifies Lessor from and against any liability for loss or damage to any property (including costs relating thereto) left, stored or transported by renter or any other person in or upon the vehicle before or after return of the vehicle to the Lessor. The renter will at all times ensure that when the vehicle is left unattended it is locked and any security device fitted or supplied with the vehicle is set and used. Renter is responsible for the safekeeping of the vehicle's keys and will incur a charge for loss of the same.

9. The Lessor whilst taking all precaution and using its best efforts to prevent such happening shall not be liable for any loss or damage arising from any fault or defect in or from mechanical failure of the vehicle or any consequential loss or damage. Renter shall always lock the vehicle when not in use.

10. In the event of any breach by renter of any of the terms and conditions hereof, the Lessor may without notice repossess the vehicle and for such purpose may enter upon premises where the vehicle may be and remove same and the renter shall be responsible for and indemnify the Lessor against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.

11. The Renter is responsible for all charges, even if he/she has asked someone else to be responsible for them. If it is the Renter's intention to pay be credit card then the Renter's signature overleaf shall constitute authority for Chase Car Rental to compute and charge the final total charges against the Renter's credit card including charges due as a result of theft of, or damage to, the vehicle and any fines and court costs for parking, speeding and traffic violations relating to the vehicle and arising during the rental period.

12. Any addition or alteration to these terms and conditions shall be null and void unless agreed upon in writing by the parties.

13. Additionally, the renter shall be bound by these terms and conditions in relation to any extension of the rental period agreed by the Lessor or in respect of any replacement vehicle rented in lieu of vehicle.

14. The vehicle shall be operated at all times in compliance with Vehicles and Road Traffic Act, as amended, and any other law in force.

15. Punctured tyres are wholly the responsibility of the Renter. The Lessor may repair a punctured tyre at an additional cost of US$20.00 per punctured tyre payable by the Renter.

16. A fee of US$10.00 per hour will be charged for each additional hour the vehicle is in the possession of the Renter beyond the rental period.

17. In the event of an accident where the Renter or other authorised operator is at fault, the Renter will pay for loss of income for each day the vehicle is not in use.

18. The agreement shall be construed in accordance with the laws of Antigua and Barbuda and the courts of Antigua and Barbuda shall have exclusive jurisdiction.