Agreement Caribbean Rental Car, Saint Martin
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GENERAL RENTAL CONDITIONS
The rental of the car described on reverse is made according to the following conditions accepted by the renter mentioned on reverse.
Article first - USE OF THE CAR - Under penalty of cancellation of the insurance policy agrees not to allow the car to be driven by other persons than himself or those approved of by HIRER and whom he is answering for, to use the vehicle only his personal requirements, to take part in no competition not to use the vehicle for unlawful purposes or for the transportation of goods no to push or toe any vehicle or trailer, not to take paying passengers, not to apply directly for custom's documents not to overload the rended vehicle by taking a number of passengers above the one stated on the car license.
Article 2 - CONDITION OF THE CAR - The car is delivered in perfect working order and on absolutely clean conditions. The odometers and their connection are sealed and the lead stamps cannot be carried off nor be broken, otherwise the rental ought to be paid on the standard rate of 400 km a day. The vehicle shall be returned in the same conditions of neatness: otherwise renter shall have to pay the cleaning and overhauling cost. The five tires are in fair condition without pieces cut out. In case of damages to one of them for a reason other normal wear and tear, renter agrees to replace it at once by a tire of same sizes and obviously similar wear.
Article 3 - GASOLINE AND OIL - Gasoline shall be chargeable to customer. RENTER has continuously to check the oil - and water - levels and to overhaul the levels of the gear box and rear axle. He shall warrant these operations by corresponding bills otherwise he shall have to pay damages for abnormal wear and tear.
Article 4 - MAINTENANCE AND REPAIRS - Normal mechanic wear and tear is part of HIRER duty. Any and all repairs arising either from abnormal wear and tear or from want of care on the part of the renter shall be chargeable to him and carried out by us. In the event of the immobilization of the vehicle, the repairs shall be carried out only after written approval and according to instructions of HIRER . The repairs must be fully itemized in a receipted bill: the replaced defective ought to be produced together with the receipted invoice. Under no circumstances, shall the renter be able to claim indemnitye either for delay in delivery the car, cancellation of hiring or immobilisation in the event of repairs carried out during the renting term. HIRER shall never be held liable, even in case of accidents of persons or property arising out of defects or defaults in contruction or in former repairs.
Article 5 - INSURANCE - Renter is insured against following risks.
1) For unlimited amount against accidents he may cause to third persons but excusively of renter, his wife of her husband, ascendants and offspring and the driver.
2) Against theft and burning of the rented vehicle, unless is due to serious want of care on part of renter with franchise - 800 .
3) The customer acknowlodges delivery of the motor vehicle free from damage except as may the specifically noted in the contract and agrees to pay the HIRER an amount equal to the cost of repairing, or replacing, to the satisfaction of the hirer, any damage to the motor vehicle occuring after its delivery into his custody and before redelivery to the hirer unless customer subscribed before renting and with the agreement of hirer and additional premium with the view of liability limitation.
4) Under of penalty of cancellation of the insurance policy, renter agrees: a) to report within 48H to the HIRER and at once to the Police authorities; any accident, theft of fire accrued even impart; b) to mention in his report the circumstances, date, hour, place of the accident, name and address of the witness, car's number of the opposing party as well as the name of his insurance Company and number of his policy; c) to attach to the report any police, gendarmerie statement of affidavit made by a process-sewer, if any, d) to refrain from arguing about the responsability, from dealing or compounding with third persons regarding the accident.
5) Clothes and any all items carried on in the car are not covered.
6) The car is insured only for the length of the rental shown on the contract. At end of this term and only if the prolongation has been accepted the HIRER declines any liability, for the accidents renter might have occasioned and which he personally shall have to deal with.
7) Lastly, there is no insurance at all for any driver who does not possess a valid driving license or driving in a drunken state.
8) HIRER declines any liability for accidents to third persons or injuries to the car renter might cause during the length or the rental agreement if renter intentionally provided HIRER with false information with respect to his identity, his address or the validity of.this driver`s license.
9) All damages caused by a collision in any passage way of which the height or the width have not been properly estimated: Bridge, tunnel, building entrance, branches of
trees, etc... by pillage of the car or theft of any parts of the vehicle, public disturbances, hurricanes, tropical storms and by driving with a flat tire, shall be chargeable in full to the rentee, even if the subscribed for an additional premium.
Article 6 - HIRING, DEPOSIT, PROLONGATION - The rental fees as well as the deposit amount are fixed by the laws in force and are payable in advance. In no case the deposit can be used for a prolongation or the hiring. In order to avoid any dispute and in the event renter should want to keep the HIRER agreement he shall have to forward the amount of the rental in progress otherwise he may be liable to judicial prosecution for the reason of misappropriation of a car or embezzlement.
Articlc 7 - REPATRIATION OF THE CAR - Renter expressly prohibits himself from abandoning the vehicle.
Article 8 - DOCUMENTS OF THE CAR - Immediately on the termination of the hiring and the return of the car, renter shall deliver the license and all the documents required for its running, failing with the rental charge shall continue to be invoiced until their delivery to HIRER.
Article 9 - RESPONSABILITY - Renter remains solely liable for the fines, reports and statements drawn up against himself.
Article 10 - JURISDICTION - Any and all disputes which may arise between lessor and renter shall fall within the exclusive jurisdiction of the courts on the location of the Head-Office or lessor.
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