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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
G.B. Adventures.
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, G.B. Adventures
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, G.B. Adventures
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 G.B.
Adventures, with a $500.00 return penalty fee that will be charged to the
authorized drivers credit card. G.B. Adventures 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
G.B. Adventures may perform credit, employment, driving record and auto
insurance checks on all drivers, and I/we hereby authorize G.B. Adventures to
receive this information from others. I/we understand that based on G.B.
Adventures investigation of my/our credit, G.B. Adventures 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 G.B.
Adventures, whether or not it is approved. I/we understand that G.B. Adventures
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 G.B. Adventures,
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
G.B. Adventures, Rascal Productions Inc., and those automobile manufacturers or
factories.
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