Customer Rental Agreement
GREENCAR HAWAII, LLC
CUSTOMER RENTAL AGREEMENT
Customer Rental Agreement (“Agreement”) made as of the date hereof by and between GreenCar Hawaii, LLC (“The Company”) and the applicant (referred to as “Renter”)
Renter has enrolled to participate in The Company vehicle rental service. Renter represents that they are at least 21 years of age and currently posses a valid driver’s license. Renter further represents that it has submitted truthful information and acknowledges that The Company would not enter into the Agreement if the information is incorrect.
Renter authorizes The Company to retain this information for their use related to the process of its vehicle rental service.
1. GENERAL DEFINITIONS
a. Hourly Rental Company - means the vehicle rental firm known as "GreenCar Hawaii, LLC", which is an independent hourly & daily vehicle renter dealer.
b. Renter - means the person(s) signing or agreeing to the Terms & Conditions of this Agreement, any other person or entity to which the charges incurred under this Agreement are to be billed, and any Additional Renter shown on this agreement or otherwise permitted to drive the vehicle with the written consent of Hourly Rental Company.
c. Vehicle - means the motor vehicle described on this Agreement and includes all tires, tools, accessories, equipment, keys and vehicle documents in or on the vehicle.
d. Renting Location - means the Hourly Rental Company location with the written consent of Hourly Rental Company.
2. RENTAL OF VEHICLE AND RESPONSIBILITY FOR PAYMENT Hourly Rental Company agrees to rent Vehicle to Renter subject to all of the terms and conditions on this agreement whether electronic, printed or written. All persons or entities who are by definition the Renter are jointly and severally responsible to Hourly Rental Company for charges due under this Agreement.
3. NATURE OF AGREEMENT / VEHICLE REPAIRS / WARRANTY DISCLAIMER Vehicle is Hourly Rental Company's property. This agreement is a contract only for use of Vehicle while Vehicle is on rental to Renter. Renter is not Hourly Rental Company's agent or employee, nor is Renter's conduct under Hourly Rental Company's control, for any purpose. Any service to or replacement of a part or accessory to Vehicle during rental must have Hourly Rental Company's prior approval, Renter acquires no rights other than to use Vehicle in accordance with this Agreement. Hourly Rental Company MAKES NO WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED REGARDING VEHICLE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF VEHICLE FOR ANY PARTICULAR PURPOSE. Hourly Rental Company shall in no event be responsible to Renter for any indirect, special or consequential damages in connection with or arising out of furnishing, performance or use of vehicle.
4. RESPONSIBILITY FOR VEHICLE CONDITION/RETURN/REPOSSESSION Renter shall return Vehicle to Hourly Rental Company in same condition as received to location where rented on the hour and due date specified. If Vehicle is not returned to such location by hour and due date (or within two (2) days of commencement of rental, whichever is earlier, Hourly Rental Company reserves right to repossess Vehicle at any time without demand, at Renter's expense. If Vehicle is illegally parked, used for illegal purpose, or apparently abandoned. Renter waives prior notice, reseizure hearing and receipt of judicial process as prior condition to Hourly Rental Company or the civil authorities responsible for their actions to repossess Vehicle. In the event of any Vehicle replacement for any reason, Hourly Rental Company may, at its option, terminate this Agreement and rent any replacement Vehicle under the terms of a new agreement.
5. LOSS OF OR DAMAGE TO VEHICLE / If Vehicle is lost or damaged while on rental, whether or not due to Renter's fault, Renter shall pay Hourly Rental Company on demand the amount of such loss or damage at prevailing rental price plus Hourly Rental Company's related expenses, including loss of use.
6. PROHIBITED USE OF VEHICLE Vehicle shall NOT, under any circumstances, be used for any of the following purposes or under any of following conditions, and any such use is WITHOUT Hourly Rental Company PERMISSION
(a) By anyone without first obtaining Hourly Rental Company's electronic and/or written consent.
(b) By anyone under age 21.
(c) By anyone who is not a qualified and licensed driver.
(d) By anyone whose driver's license in any state has been revoked or suspended within the previous 3 years, even if he or she now possesses a valid driver's license.
(e) To carry persons or property for hire, including chauffeur driven limousine service.
(f) To propel or tow any vehicle, trailer or other object.
(g) In any race, test or contest
(h) For any illegal purpose or commission of a crime
(i) To instruct an unlicensed person in operation of Vehicle
(j) If Vehicle is obtained from Hourly Rental Company by fraud or misrepresentation
(k) To carry persons other than in passenger compartment of Vehicle.
(l) Loading Vehicles beyond its rated capacity
(m) While under the influence of alcohol or other intoxicants like drugs or narcotics or under any other physical or mental impairment which adversely affects driver's ability to operate the Vehicle.
(n) Intentionally causing damage to or loss of the Vehicle.
(o) On other than a paved road or graded private road or driveway.
(p) In an unsafe, reckless, grossly negligent or wanton manner. Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred.
PROHIBITED USE OF VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW). MAKES VEHICLE SUBJECT TO IMMEDIATE RECOVERY BY HOURLY RENTAL COMPANY, VOIDS CDW AND MAKES RENTER RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO HOURLY RENTAL COMPANY'S EXPENSES, INCLUDING LOSS OF USE.
7. RESPONSIBILITY FOR PROPERTY IN VEHICLE Hourly Rental Company is not responsible for loss of or damage to property of the Renter or others left at any time in or on Vehicle or in the Hourly Rental Company rental office, even if it is in the Hourly Rental Company's possession, regardless of who is at fault, Renter releases and indemnifies and hold Hourly Rental Company, its agents and employees harmless against all claims made by others for such loss or damages.
8. PAYMENT OF CHARGES All charges and other amounts billed pursuant to this Agreement are payables by Renter with a credit card acceptable to Hourly Rental Company upon Renter's electronic receipt of applicable statement or invoices, in accordance with the terms of such statement or invoices. CREDIT CARD RENTER AUTHORIZES HOURLY RENTAL COMPANY TO PROCESS A CREDIT CARD VOUCHER ID APPLICABLE, IN RENTER'S NAME FOR CHARGES AND CONSENTS TO RESERVATION OF CREDIT CARD ISSUER FOR AN AMOUNT EQUAL TO ESTIMATED CHARGES DUE.
9. COMPUTATION OF CHARGES As provided in Paragraph 8 hereof, the Renter agrees to pay to Hourly Rental Company all charges due in accordance with this Agreement at the request of Hourly Rental Company. If Renter directs Hourly Rental Company to bill the charges to another person or company who or which fails to make payment upon being billed, the Renter will pay the charges upon demand from Hourly Rental Company. Hourly Rental Company may keep any security deposit provided in this Agreement to cover any charges or other liability which Hourly Rental Company believes warrants the retention of the deposit. The charges Renter will pay include but are not limited to:
(a) TIME CHARGES: Renter will pay Hourly Rental Company for the time vehicle is rented at the hourly and daily rates shown in the Reservation with each reservation processed to the nearest, next half hour. Renter acknowledges a minimum reservation period of one (1) hour; and a minimum rental charge of the greater of; 1.) one (1) hour or, 2.) fifty percent (50%) of the reservation period booked, no matter of the time Renter returned the vehicle or; 3.) the full period of vehicle rental, inclusive of complete original reservation and all extensions or late charges. Additionally, Renter acknowledges reservation periods of eight (8) hours or more will automatically be considered Daily Rental with full Daily Rental charges billed as shown in the Reservation. Upon completion of the electronic Check-In, Time Charges will automatically begin based upon the Renter’s Reserved Start Time. Additionally, upon completion of the electronic Check-Out, the reservation will be completed and all charges will be processed and use of vehicle will only be allowed through a new reservation.
(b) LATE CHARES: Renter acknowledges that a reservation will be considered late immediately after the hour and date of the Reservation End Period and a late charge equal to two (2) times the average hourly rate will be applied for each additional hour the vehicle is late, processed to the nearest, next full hour.
(c) COLLISION DAMAGE WAIVER (CDW) CHARGES: if applicable, computed at daily
charges set forth in Agreement. Hourly charge is due for each full or partial hour rented;
(d) TAXES: Applicable sales, use and excise taxes and any amounts charged by Hourly Rental Company as reimbursed for taxes paid;
(e) FINES AND OTHER EXPENSES: Fines, penalties, forfeitures, court costs and other expenses that may be assessed against Hourly Rental Company which are due by reason of Renter's possession or use of Vehicle, including traffic and parking fines.
(f) COLLECTION AND VEHICLE RECOVERY EXPENSES: Hourly Rental Company's costs, including reasonable attorney's fees, incurred in collecting charges due from Renter pursuant to this Agreement or in recovering Vehicle which has been abandoned by Renter or seized by governmental authority as a result of Renter's actions;
(g) INTEREST ON PAST DUE AMOUNTS at the rate of 5% per month, which if not paid is added to the balance and is subject to interest.
ALL CHARGES ARE SUBJECT TO AUDIT. If, upon audit, an error is found, Credit Card Renter authorizes Hourly Rental Company to correct such charges, including changing and charge card invoices signed by Renter, to reflect charges, with written notice of correction to Renter.
10. THIRD PARTY LIABILITY PROTECTION Anyone authorized by this Agreement to drive Vehicle is covered by an automobile insurance policy AGAINST LIABILITY TO THIRD PARTIES ONLY (NOT INCLUDING, TO EXTENT PERMITTED BY LAW, ANY OF SUCH DRIVER’S FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING IN THEIR HOUSEHOLD), for bodily injury, death or property damage caused by or arising from use or operation of Vehicle as permitted by this Agreement. The amount of coverage provided under this Agreement is equal to the minimum financial responsibility limited established by the Financial Responsibility law or other applicable status (“Statutory Limits”) of the state or other jurisdiction in which Vehicle was rented. Protection hereunder shall automatically conform to basic requirements of any mandatory “NO UNDERINSURED MOTORIST” OR SUPPLEMENTARY “NO FAULT” OR OTHER OPTIONAL PROTECTION; HOURLY RENTAL COMPANY AND RENTER HEREBY REJECT, TO EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION. In the event that coverage is imposed, by operation of law, for benefit of any person other than Renter, then limits of such coverage shall be Statutory Limited of state or other jurisdiction in which accident occurred, Hourly Rental Company warrants that to the extent permitted by law liability protection described in this Paragraph 10 is secondary with respect to any insurance available to Renter. Renter and Additional Renter(s) hereby indemnify and hold Hourly Rental Company, its agents, employees and partners harmless from and against all loss, liability and expenses whatsoever, as a result of bodily injury, death or property damage caused by, or arising from use or operation of Vehicle. PROTECTION IS VOID OFF OF THE ISLAND OF KAUAI. Renter must obtain Hourly Rental Company’s written authorization and purchase liability and property damage insurance before taking the vehicle off of the island of Kauai. IF RENTER DOES NOT REPORT ACCIDENT TO HOURLY RENTAL COMPANY WITHIN 24 HOURS OF OCCURRENCE, LIABILITY INSURANCE COVERAGE DESCRIBED IN THIS PARAGRAPH IS VOID AND HOURLY RENTAL COMPANY PROVIDES TO LIABILITY INSURANCE TO RENTER UNDER THIS AGREEMENT.
11. REPORTING OF ACCIDENTS AND PARKING OR TRAFFIC VIOLATIONS (Renter shall promptly report all accidents involving Vehicles to Hourly Rental Company and to local police, Renter and Additional Renter(s) shall deliver to Hourly Rental Company all papers of any kind received by such party relating to any accident. Renter and Additional Renter(s) will cooperate fully with Hourly Rental Company in completing accident reports and in investigation and defense of any claim or lawsuit relating to any such accident and authorize Hourly Rental Company to obtain from any government authority having jurisdiction (hereof any record of any citation issues as a result of any such accident).
12. PARKING AND TRAFFIC VIOLATIONS Renter shall be responsible for any and all parking and traffic violation fines and penalties arising out of use or operation of Vehicle during the period of the rental and agrees to pay or indemnify and hold Hourly Rental Company harmless in the event Hourly Rental Company pays such fines and penalties on behalf of Renter, and to reimburse Hourly Rental Company for all its collection and other expenses including attorney fees relating to same. Renter and Additional Renter(s) authorize Hourly Rental Company in connection with claimed violations of parking or traffic laws arising out of use or operation of Vehicles by Renter and/or Additional Renter(s), to release to any governmental agency having jurisdiction thereof any information relating to Renter or any such Additional Renter(s) which Hourly Rental Company has in its possession.
13. ON-BOARD SYSTEM Renter agrees not to remove any of the electronic equipment found in the Vehicle. Renter further accepts responsibility for all damages related to electronic equipment and indemnifies Hourly Rental Company against any liability associated with the use of any an all equipment.
14. ASSIGNMENT This agreement and Vehicle cannot be assigned or transferred by Renter. Renter remains responsible regardless of any attempted assignment.
15. WAIVER / MODIFICATION OF TERMS / RELEASE This agreement is the entire agreement between Renter and Hourly Rental Company. No other agreements, promises or responsibilities exists between Renter and Hourly Rental Company with regard to this rental. No term or condition of this Agreement may be waived or modified as Hourly Rental Company except in writing, signed by Hourly Rental Company representative who has been expressly authorized to do so by Hourly Rental Company’s managing members. Renter hereby releases its agents and employees from any responsibility to Renter under this Agreement, and indemnifies and holds harmless from and against any and all loss, liability and expense whatsoever arising out of this Agreement or operation or use of Vehicle.
16. PROHIBITION BY LAW If any provision of this Agreement is prohibited by law, it shall not affect the remaining provisions.
17. COLLECTION FEE RESPONSIBILITY NOTICE: That Client(s) shall still be responsible for any attorney fees, collection agency fees, costs of collection, court costs and other expenses or fees.
18. LOSS OF USE: Renter shall be liable for REASONABLE LOSS OF USE OF AND DAMAGE TO VEHICLE regardless of anything else stated in this agreement, which caused by renters volition(s) of the terms and provisions of this agreement
19. CANCELATION POLICY: Cancelations are required minimum of one (1) hour prior to the scheduled Reservation Start Time; otherwise the greater of a one (1) hour minimum or fifty percent (50%) of the full reservation window will be charged to Renter’s credit card.
20. CHECK-IN POLICY; Renter is required to Check-in at the Hourly Rental Company Kiosk within no greater than fifteen (15) minutes of the scheduled Reservation Start-Time. If the Renter does not check-in within thirty (30) from the scheduled Reservation Start-Time, the full Reservation Window will be charged to the Renter’s credit card and the reservation will be cancelled.
21. CHECK-OUT POLICY: Renter is required to Check-out at the Hourly Rental Company Kiosk within fifteen (15) minutes of the scheduled Reservation End-Time. If the Renter does not check-out, hourly late charges will apply until the vehicle is accounted for and the reservation is finalized. A minimum one (1) hour late charge will apply in all cases if the Renter does not check-out of reservation.