1. Definitions
“Agreement” means all terms and conditions found on both sides of this form and on any other documents We give You at the time of rental. You or Your means the person identified as the customer on the reverse side of this Agreement, any person signing this Agreement any Authorized Driver and any person or organization to whom charges are billed by Us at it’s or the customer’s direction. You are jointly and severally bound by this Agreement. We Us or Our means the independent dealer named elsewhere in this Agreement. Vehicle means the automobile identified in this Agreement and any Vehicle We substitute for it and all its tires, tools, accessories, equipment, keys, and documents. The Vehicle is a temporary substitute for a Vehicle that You own or lease. “Authorized Driver” means (a ) the customer provided that the customer is the registered owner or lessee of the Vehicle being serviced by Us and for which Our Vehicle is a substitute, and that such person is at least age 21; (b) additional drivers listed by Us elsewhere in this Agreement, provided that each such additional driver is at least age 25; (c) the customer’s spouse, provided that such person is at least 21; and (d) if the customer is a corporation or other business entity, Authorized Driver includes an employee of the customer who is a permissible driver on the business entity’s business auto insurance policy, provided each such employee is at least age 21 . Every Authorized Driver must possess a valid driver’s license. Only Authorized Drivers may drive the Vehicle. “Loss of Use” means the loss of Our ability to Use the Vehicle for any reason, due to damage to it or loss of it, during this transaction; Loss of Use equals a reasonable estimate of the income We lost while the Vehicle was out of service for repair or replacement.
2. Rental Indemnity and Warranties.
This is a contract for rental of the Vehicle. In addition to any rental charges stated in this Agreement, Our right (or the right of Our affiliate), to repair Your Vehicle is consideration paid to Us for this rental. We may repossess the Vehicle at Your expense without notice to You if the Vehicle is abandoned or Used in violation of law or this Agreement. You agree to indemnify Us, defend Us, and hold Us harmless from and against, all claims, liability, costs, and attorneys’ fees We incur resulting from, or arising out of, this Agreement or Your Use of the Vehicle. We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle
You must return the Vehicle to Our office or other location We specify, on the date and time specified in this Agreement, in the same condition that You received it, except for ordinary Wear. If the Vehicle until We inspect it on reopening for business. Service to the Vehicle or replacement of parts or accessories during this rental must have Our priority approval.
4. Responsibility for Damage or Loss; Reporting to Police
You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by Weather, road conditions and acts of nature, whether or not You are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle, on the date of the loss is the Vehicle is stolen, not repairable, or if We elect not to repair the Vehicle. You are also responsible for Loss of Use and Our administrative expenses incurred processing the claim. You are responsible for replacing missing equipment and Vehicle documents. You must check and maintain all fluid levels. You must report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them.
5. Prohibited Uses
The following Uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended; (b) anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle, or extended the rental period by giving Us false, fraudulent, or misleading information; (d) under any circumstances that could be properly charged as a crime other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything; (g) in any race or speed contest; (h) to teach anyone how to drive; (i) on any unpaved surface; (j) when the odometer has been tampered with or disconnected; (k) when it is reasonable to expect You to know that further operation of the vehicle would damage it; (l) where applicable, by anyone who lacks experience driving a vehicle equipped with manual transmission; and (m) to transport an animal.
6. Insurance
You are responsible for all Damage to the Vehicle, even if someone cause it or the cause is unknown. You are responsible for the repair up to the value of the vehicle, storage and impound fees. The credit card you use to pay for the rental may cover all or part of your financial responsibility for damage to, or loss of, the rented vehicle. You are responsible for any loss of market value to the vehicle whether Minute Rental’s repairs the vehicle, or at Minute Rentals’ own discretion, decides to sell the Vehicle unrepaired……You and we reject PIP, medical payments, no-fault, and uninsured and under-insured motorist coverage, where permitted by law. The policy is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation by Us or Our insurer. Giving the vehicle to an unauthorized driver terminates Our liability insurance coverage.
7. Charges.
You permit us to reserve against or charge to your payment card a deposit at the time of rental for a reasonable amount in addition to the estimated charges. We may use the reserve or deposit to pay all Charges. You will pay us at or before the conclusion of this rental, or on demand, all Charges include; (a) a mileage charge for the period You kept the vehicle; (b) fees for optional products and services; (c) all expenses we incur locating and recovering the Vehicle if you fail to return it or if we elect to repossess it under the terms of this Agreement; (d) a time and mileage surcharge if you return the Vehicle before or after the Due Date or to a different location other than the renting location; (e) a 2% per month late payment fee or the maximum amount allowed by law on all amounts past due; (f) $6000 or the maximum amount permitted by law, whichever is greater, if you pay us with a cheque returned unpaid for any reason; (g) a reasonable fee not to exceed $35,000 to clean the Vehicle if returned substantially less clean than when rented; (h) fuel and refueling fee if You return the Vehicle with less fuel than when rented. You authorize us to process Your credit card for all Charges; and (i) towing, storage charges, forfeitures, court costs, penalties, Citations, and all other costs we incur resulting from your use of the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issued and by signing this Agreement, You are also signing all documents required to process Your credit card.
8. Deposit
We may use Your deposit, if any, to pay amounts owed to Us under this agreement.
9. Your Property
You release Us, Our agents and employees from all claims for loss of, or damage to, Your personal property or that of any other person, that We received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in Our offices, whether or not the loss or damage was caused by Our negligence or was otherwise Our responsibility.
10. Breach of Agreement
You waive all recourse against Us for criminal prosecutions We take against You for breach of this Agreement.
11. Modification
No term of this Agreement can be waived or modified except by writing that We have signed. If You wish to extend the rental period, You must obtain Our permission before to Due-in Date for all daily rentals and at least 1 hour before Due-in Time for all hourly rentals. This Agreement constitutes the entire Agreement between You and Us. All prior representations and agreements between You and Us regarding this rental are void.
12. Personal Information
You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with our enforcement of our rights under this Agreement. Questions regarding privacy should be directed to renting location.
13.Miscellaneous
A waiver by Us of any breach of this Agreement in not a waiver of any additional breach or waiver of the performance of Your obligations under this Agreement. Our acceptance of payment from You or Our failure, refusal, or neglect to exercise any of Our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, You release Us from any liability for consequential, special, or punitive damages in connection with this transaction or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement shall be governed and constructed by the laws of Jamaica without regarding to its conflicts and choice of law provisions.
