Rental Terms and Conditions Agreement Contract for G.B. Adventures

Rental Terms and Conditions Agreement Contract

This is what you will sign upon acceptance of our vehicle. If this is too wearisome, click here to return to the laymans version.

RENTAL TERMS AND CONDITIONS
AGREEMENT CONTRACT

The following Terms and Conditions are binding and applicable to all Our Rental Vehicles, and all additional accessories. This will help Us ensure that YOU receive a safe, clean and comfortable Vehicle for your enjoyment.

DEFINITIONS
a) "Agreement" means this Rental Agreement and any Addendum and any Riders, or charges to this Rental Agreement which may be made in the future.
b) "You" or "Your" (whether or not in capitalized form) means the person named on this Rental Agreement.
c) "We, Our, or Us" (whether or not in capitalized form) means Rascal Productions Incorporated, a Hawaii corporation, doing business under the name of Happy Campers Hawaii.
d) "Vehicle" means the bus, camper van, or car, provided by Us (or its replacement), including tires, tools, equipment, accessories, plates and documents.
e) "Authorized Driver(s)" means you and any other person(s) identified on this Rental Agreement as primary renter and additional driver.

RENTAL AGREEMENT TERMS AND CONDITIONS
This Rental Agreement is solely for the purpose of creating a Bailment which allows you to Use the Vehicle as permitted by the terms and conditions hereof. You agree and understand that the Vehicle is owned by Us. Further you agree and acknowledge that no one other than Us may transfer the Vehicle or any rights or obligations specified herein. Any attempted transfer to subletting of the Vehicle by anyone other than Us shall be deemed null and void. No one other than Us, may service or repair Vehicle without our prior approval. We make NO express or implied warranties, including any warranty of Merchantability or that the Vehicle is fit for any particular purpose.

1. CHECK THE VEHICLE. Prior to leaving the premises, check the Vehicle for damages and note any discrepancies with Us on the Damage Sheet. Upon return of the Vehicle, damages which were not noted on the Damage Sheet, become Your responsibility. You will be held liable for any and all damages to the Vehicle, which were not noted on the Damage Sheet. If additional damage is discovered after the check in of the Vehicle, You, the renter are still responsible. You will be given a vehicle ORIENTATION at the time of vehicle pick up.

2. PROHIBITED USES OF VEHICLE. You understand and agree that the following Uses are prohibited and shall be a violation of the Agreement resulting in the automatic termination of this Agreement and the imposition of liability on You for all costs, including attorney's fees.
Use of the Vehicle:
a) by someone other than the authorized Driver. An authorized driver must be present at rental and sign on this rental agreement. All authorized drivers must meet qualifications to operate our Vehicle. All authorized drivers must be 25 or older, and hold a valid U.S. or International driver's license.
b) by someone under the influence of alcohol, intoxicants, drugs, or any substance that may impair driving ability.
c) form or in connection with an illegal purpose.
d) by anyone who provides Us with false name, address, age, or other false or misleading information.
e) for transportation of persons or property for hire: to tow or push anything or in any race, test, contest or training activity.
f) on unpaved or unsafe roads including Saddle Road/Route 200, Mauna Kea Summit Road, Mauna Loa, the Waipio Valley Road, or the Green Sand Beach, Island of Hawaii, unless authorized herein. Lessor is responsible for all damage to vehicle, tires, towing charges, expenses incurred as a result of a breakdown associated with operating in these areas. Lessor is responsible for all parking or moving violations during rental term.
g) by someone who does not know how to operate a manual transmission (if the Vehicle is a manual transmission).
h) to carry or transport hazardous or explosive materials.
i) engage in any unlawful or careless types of misconduct, which includes reckless conduct such as, the failure to use seatbelts, over-loading vehicle with passengers, or who does not require all passengers to comply with applicable seatbelt and child restraint laws, or leaving the car and failing to remove keys and locking all doors, windows, and Vehicle or otherwise aids in vandalism or theft of the Vehicle
j) engage in smoking inside vehicle, and/or pets inside vehicle.

3. VEHICLE RETURN.
a) You must return the Vehicle to Us by the due date specified on the Rental Agreement record or sooner if demanded. In no event may You keep the vehicle beyond the due date, unless authorized by Us. If You do not return the vehicle when required by this agreement, then after Our attempts to demand return, We may, at your expense recover the vehicle where and when it is found. IF THE VEHICLE IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED OR IF THE VEHICLE IS USED OR OBTAINED AS PROHIBITED IN SECTION 2, THEN WE MAY RECOVER THE VEHICLE WITHOUT DEMAND. IF YOU DO NOT RETURN VEHICLE AT THE TIME STATED OR AS NOTES ON THIS RENTAL AGREEMENT RECORDS, RATES WILL BE SUBJECT TO CHANGE. `

b) Return the Vehicle in the same clean condition in which You received it. (Ordinary wear and tear excepted). IN THE EVENT THE Vehicle IS RETURNED IN AN EXCESSIVELY DIRTY CONDITION You WILL BE CHARGED AN ADDITIONAL CLEANING FEE of a minimum of $85.00 or greater. " Excessively dirty" shall mean any condition, which will require additional labor and/or the Use of chemicals to restore the Vehicle to the condition in which You received it. Including, but not limited to, excessive amounts of mud, grass or stains, sand, beverages, food spills & stains, accumulated dirt and foul odors.
c) AFTER HOURS RETURN. You agree that the Vehicle will be returned to Us by the date stated on the rental agreement. A Rascal Productions, Happy Campers Hawaii representative must approve any extensions. You will be held responsible for any and all damages to the Vehicle if Vehicle is dropped off at the airport, or without first having been checked in, or if left in any unauthorized location. The vehicle remains subject to the terms and conditions of this agreement until we have inspected it and accepted it. In the event the Vehicle is not returned by the time and date recorded, rates are subject to an additional inconvenience charge of 50%, which is applies as an additional fee over and beyond the rate recorded on the rental agreement.

4. DAMAGE TO VEHICLE.
a) Regardless of fault; You are responsible for any and all losses of damage to the Vehicle resulting from any cause. (for example: collision, rollover, theft or vandalism and comprehensive damage.)
b) Your responsibility will not exceed the greater of the retail fair market value of the Vehicle at the time it is lost or damaged, less the Vehicle's retail value, plus towing storage and impound fees. An administrative charge and a reasonable loss will be charged.
c) In the event the Vehicle is returned in a damaged condition, You will be held liable for any and all damages to the Vehicle, which are not noted on the Damage Sheet. If any damage or damage resulting from gross negligence is discovered after the Vehicle is returned (check in) to Rascal Productions, Happy Campers Hawaii it is declared understood that You the renter will be held liable for all damages. The cost of the damage to the Vehicle shall be determined by an independent appraiser which the appraisal shall be binding. After the independent appraiser's report is received all attempts will be made to contact the primary renter and all charges will be placed onto the credit card that is noted on the rental agreement.

5. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE. You waive all claims against Us for any incidental, special or consequential damages in connection with the furnishing, performance or use of the vehicle.

6. DAMAGE TO TIRES. Vehicle tires are covered under Abnormal wear and tear. A licensed independent tire specialist performs all repairs or replacements of tires. If it is determined that the damage to the tire is not from Abnormal wear and tear, it is understood by You, the renter, that the cost of replacing the tire(s) is at Your expense.

7. DOWN SHIFTING. To prevent BRAKE FAILURE, and for the safety of Your passengers, do not ride the brakes. Always down shift the Vehicle to a lower gear. Especially when carrying heavy cargo or when the Vehicle is filled with passengers. This is applicable to all Vehicle types. If it is determined that the brakes have been excessively abused (burnt) You, the renter, will be charged the cost of repairs.

8. VEHICLE LOAD WEIGHT CAPACITY. Is restricted to weight restriction as set forth by the manufacturer ( 5,270 lbs.) and the State of Hawaii, Department of Transportation. If it is determined that abuse of this weight restriction occurs You, the renter, will be charged the cost of any related repairs to the Vehicle.

9. PROPERTY LEFT IN VEHICLE. You agree that We are not responsible for loss of or damage to any personal property received or handled by Us, regardless of who is at fault. You shall be liable to Us for all claims or damages, including attorneys fees.

10. INSURANCE: We provide the Hawaii State minimum coverage: Liability to others: 1) Bodily injury $20,000 / $40,000. 2) Property damage $10,000. Personal injury protection (PIP) coverage- Medical expenses only; $10,000.
All additional Insurance coverage has been provided by You, (Liability, Comprehensive, and Collision) either by your home, auto or other insurance source. Please note that Insurance provided by credit card companies does not cover vehicles older than 20 years, or RV rentals. We do not sell any insurance coverage for your rental; it must be provided by you. It is best to purchase a separate 'binder' from your insurance company- these generally provide you with the best coverage for your rental. You will need to provide us your insurance information prior to the rental so we may verify the coverage. We will provide you with the VIN number and registration information at the time of booking. You are responsible for any and all* damage or loss you cause to the vehicle, or others, regardless of fault. You will indemnify, defend and hold Us harmless from all liability, cost and attorney fees arising out of Use of the Vehicle that are in excess of or excluded from the protection provided by You. *If mechanical and/or electrical damage has occurred, and it has been deemed by an independent appraiser or authorized VW repair shop that the damage was caused due to negligence on the renter’s part, then G.B.Adventures will seek full restitution for the cost of repairs, and any/all fees arising from the loss of our use of the vehicle. First with the renter by their choice of payment, or by charging their credit card. Second, by taking legal recourse.
G.B.Adventures provides a comprehensive vehicle orientation prior to each rental, which the primary renter shall initial as evidence of receiving operation instructions. Failure to follow these verbal instructions constitutes negligence on the renter’s part. Example: 1. Not heeding the warning lights on dash, or temperature gauges. 2. Not stopping the vehicle immediately. 3. Not calling G.B.Adventures asap. _______ (initial)

11. ACCIDENT, VANDALISM, THEFT OF THE VEHICLE. You will immediately report any accident, vandalism or theft to the law enforcement authority for the jurisdiction where the occurrence happened and to provide Us with a copy of every summons, complaint, or paper relating to such occurrence. You further agree that You will not aid or encourage the filing of any claim against Us as a result of any accident and that you Will cooperate fully with Us and Our Insurer in investigating and defending any claim or lawsuit. County of Hawaii Police 935-3311

12. FINES AND PENALTIES. You are REQUIRED to pay all fines related to parking or traffic violations. If you do not pay such fines or fees, We will charge the actual cost of the citation plus an administrative fee of $25.00 per citation, and all legal fees to the credit card listed on the Rental Agreement. You are required to appear at any court hearing as specified on the citation.

13. PAYMENT. All rental charges are payable at time of Vehicle PICK UP. This must be paid in U.S. dollars by Cash, Travelers Checks, Bank Cashier's Check, Discover, Master Card, VISA Credit Card. Sorry, no personal checks accepted. If payment in full has not been received by the stipulated date, We reserve the right to cancel the booking without further notice and without refund of deposit. We apply a $3.00 per day Hawaii State Rental Car Surcharge, and a 4.166% State Excise Tax. You acknowledge that You are responsible for all charges under this Agreement and that payment is due upon request. Accordingly, You hereby authorize Our reservation of credit or setting aside of the estimated charges due under this Agreement by the issuer of the credit card listed on Agreement and authorize Us to process all Charges, including damages, fines and penalties, due on said credit card. Charges not paid on time as required by this agreement, will be subject to late fees and/or cancellation of the booking without further notice and without refund of deposit. Payment due of any additional Charges is due at the completion of Rental. Charges not known to Us at the completion of the rental are payable by you or by the person(s) company to whom such Charges are to be billed immediately upon receipt of invoice thereof or by billing invoice Charges to the credit card presented at the time of rental. YOU AUTHORIZE US TO RESERVE CREDIT WITH THE CREDIT CARD AT THE TIME OF RENTAL IN A REASONABLE AMOUNT THAT AT LEAST EQUAL TO ALL ESTIMATED CHARGES AND FOR ALL ADDITIONAL CHARGES AT THE COMPLETION OF THE RENTAL. We may audit all Charges, if any errors are found you will pay the correct Charges. If payment was by credit card, You authorize Us to correct the Charges with the credit card. We will notify You of any correction.

14. SECURITY DEPOSIT. A $500.00 Security-Cleaning deposit may be required at the time of departure. Upon return, all extra charges, if any, are balanced against the security deposit. This deposit is fully refundable upon the return of the vehicle, provided it and any accessory equipment are clean and undamaged, if there are no additional outstanding charges or fees, and the fuel tank is full. We have a NO SMOKING /NO PETS policy for the inside of the camper buses; $250.00 of this deposit will be forfeited as a charge to shampoo and deodorize if you do smoke or keep pets inside.

15. RESERVATIONS DEPOSIT. A reservation deposit of $250.00 is required at time of booking. The receipt of this deposit does not imply acceptance by Us of the booking. Only when the booking has been confirmed by Us is the deposit accepted, as the first installment of the total payable.

16. CANCELLATIONS. All cancellations must be confirmed in writing (E-mail, fax or letter). A $25 processing charge applies to all cancellations over 30 days from the date of departure. For cancellations made less than 3 weeks prior to scheduled date of departure, or no shows, the reservation deposit shall be forfeited. There will be no refunds of time charges for late pick up or early return.
You may change your dates; SUBJECT TO AVAILABILITY. There will be a $25.00 processing charge.

17. COMPUTATION OF CHARGES.
a) TIME CHARGES are computed at the rates specified on the Rental Agreement Rates and fees Sheet for the day, week, month. THE MINIMUM RENTAL CHARGES IS FOR ONE RENTAL DAY. THE RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIOD, STARTING AT THE TIME RENTAL BEGINS. Extra hours rates are shown on the Rates and fees sheet.
b) A service charge will be applied if You return the car to any location other than the location which it was rented.
c) SALES / USE / EXCISE REIMBURSEMENT are charged accordingly to applicable laws. We charge a 4.166% State Excise Tax. We are required by law to add a $3.00 per day Hawaii State Rental Car Surcharge.
d) RECOVERY EXPENSE consists of all costs incurred by Us in recovering the vehicle either under this agreement or if it is seized by government authorities as a result of its use by You.
e) COLLECTION EXPENSE consists of all costs incurred by Us in collecting charges from You or the person(s)/company to whom they are billed, including but NOT limited to all Attorney fees and court costs.
f) LATE PAYMENT FEES will be applied to any balance due for Charges that are not paid within Fifteen (15) days of Our invoice(s) for charges to You or person(s)/company.

18. FUEL AND SERVICE CHARGES. We will provide You with a full tank of SUPREME/PREMIUM fuel. You are asked to return the Vehicle with a full tank of SUPREME/PREMIUM fuel. In the event the tank is returned NOT FULL, we will assess a refueling service fee, based on a Service Charge of $5.00 per gallon. The total of this charge is determined by subtracting the capacity of the tank that is full, as indicated by the fuel gauge, from the manufacturers specified tank capacity of the vehicle.

19. UNAUTHORIZED DRIVER. All drivers MUST be signed on as an authorized / approved driver. NO EXCEPTIONS. Use of vehicle by an unauthorized driver will terminate this contract, and you will be required to turn in the vehicle to Happy Campers Hawaii, with a $500.00 return penalty fee that will be charged to the authorized drivers credit card. Happy Campers Hawaii will not be held responsible for any unauthorized drivers.

20. CHANGES TO AGREEMENT. No changes to this agreement are authorized. Unless in writing, and signed by You and an authorized person of US. Terms and conditions may change from time to time without notice.

All of the information I/we have given is true and correct. I/we understand that Happy Campers Hawaii may perform credit, employment, driving record and auto insurance checks on all drivers, and I/we hereby authorize Happy Campers Hawaii to receive this information from others. I/we understand that based on Happy Campers Hawaii investigation of my/our credit, Happy Campers Hawaii may at Our discretion, require and additional security deposit for me/us to obtain rental credit. I/we understand that this Rental Application will be retained by Happy Campers Hawaii, whether or not it is approved. I/we understand that Happy Campers Hawaii reserves the right to substitute a vehicle of equal or greater value, or refund the deposit due to the unavailability of a vehicle due to accident or breakdown.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THIS
RENTAL TERMS AND CONDITIONS AGREEMENT CONTRACT.

DRIVER (1)_____________________________________________________________________________________
DR. LICENSE #___________________ EXPIRE DATE______ STATE________
SOCIAL SECURITY #________________________________________
CREDIT CARD____________________________ EXPIRE DATE______ □ VISA □ MASTERCARD □ DISCOVER

DRIVER (2)_____________________________________________________________________________________
DR. LICENSE #__________________ EXPIRE DATE______ STATE________
SOCIAL SECURITY #________________________________________
CREDIT CARD #_________________________ EXPIRE DATE______ □ VISA □ MASTERCARD □ DISCOVER

DRIVER (3)_____________________________________________________________________________________
DR. LICENSE #__________________ EXPIRE DATE______ STATE________
SOCIAL SECURITY #________________________________________
CREDIT CARD #_________________________ EXPIRE DATE______ □ VISA □ MASTERCARD □ DISCOVER

DRIVER (4)_____________________________________________________________________________________
DR. LICENSE #__________________ EXPIRE DATE______ STATE________
SOCIAL SECURITY #________________________________________
CREDIT CARD #_________________________ EXPIRE DATE______ □ VISA □ MASTERCARD □ DISCOVER

VEHICLE ____________________________________ LICENSE # ___________________________________
VIN # _______________________________________ DATE OF RENTAL_____________________________

We are available at 808-965-7574, cell 808-640-6799, toll free outside Hawaii 1-877-864-8361

DISCLAIMER The use of the recognized automotive manufacturers (i.e. Volkswagen) and their respective model names/numbers (i.e. Westfalia) by Happy Campers Hawaii, Rascal Productions Inc. is for the sole purpose of application and description and in no way denotes their use to infer or intend a direct connection between Happy Campers Hawaii, Rascal Productions Inc., and those automobile manufacturers or factories.