TERMS AND CONDITIONS OF STANDARD RENTAL AGREEMENT
Effective December 1, 2011
Island Car Rental is a regional car rental company servicing car rental needs of the leisure and business traveler to Vieques, Puerto Rico. We are committed to providing quality and great customer service. As part of our offering we provide:
• only new model vehicles;
• our vehicles are serviced and maintained in accordance with manufacturers’ specifications
• we welcome and encourage your feedback. Please tell us where we need to improve by phone, our website at (www.islandcarrentalpr.com) or by mail. you can also tell us what we are doing great.
INTERPRETING YOUR RENTAL AGREEMENT
1.0 The Rental Agreement (‘Rental Agreement’) between Island Car Rental and you is made on the date shown on the Rental Document you have signed in respect of the Vehicle (‘Rental Document’), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions.
‘Accessory’ means any equipment set out in the Rental Document, including (as applicable);
‘Island Car Rental Insurance Policy’ means a policy of liability insurance held by Island Car Rental for your and an Authorized Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by you or an Authorized Driver;
‘Authorized Driver’ means:
• an additional driver who signs the Additional Drivers Form or Rental Document;
• your spouse; or
• your employer or a fellow employee, if either is engaged in activities that are incidental to your business duties;
‘Island Car Rental or ICR’ means Island Car Rental, an authorized car renting company under license by the Public Service Commission of Puerto Rico.
‘Collection Costs’ means Island Car Rental’s reasonable costs of collecting unpaid Rental Charges from you (including Island Car Rental’s legal costs) and Island Car Rental’s administration fee of $100 and its debt collection agent’s fee equal to 10% of the unpaid Rental Charges;
‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Document;
‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle;
‘Overhead Damage’ means damage to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens;
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document or payable under this Rental Agreement;
‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that you return the Vehicle to Island Car Rental;
‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by you or an Authorized Driver which covers you or the Authorized Driver while using the Vehicle as a substitute for the vehicle insured under that policy;
‘Underbody Damage’ means damage to the Vehicle caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars;
‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by Island Car Rental; and
‘You’ or ‘your’ refers to the person(s) with whom the Rental Agreement is made;
‘Your Account’ means your debit card, credit card or Island Car Rental charge account to which your Rental Charges are to be debited.
2.1 You agree and acknowledge that:
(a) only you or an Authorized Driver will drive the Vehicle; and
(b) you and any Authorized Driver hold a current license (not being a learner’s license or provisional license) to drive the Vehicle and have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months.
2.2 You are responsible for the acts and omissions of an Authorized Driver or any other person you allow to drive the Vehicle and neither you nor any unauthorized driver will have the benefit of the Loss Damage Waiver option or Excess Reduction option (if accepted or included in your rate) if you allow an unauthorized driver to drive the Vehicle.
WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 You and any Authorized Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road.
3.2 You and any Authorized Driver must not, drive or take the Vehicle:
(a) any unpaved beach area
(b) into the water at the beach
(c) outside Vieques, PR via public Ferry or other means
USE OF THE VEHICLE
4.1 You and any Authorized Driver must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without Island Car Rental’s prior written consent, use, or allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not, without Island Car Rental’s prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not drive the Vehicle after an accident or hitting an object (including an animal) until you have obtained Island Car Rental’s approval to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses and government requirements (to be obtained at your cost) and in accordance with the Manufacturer’s Specifications and Island Car Rental’s recommendations;
(i) not, without Island Car Rental’s prior written consent, use the Vehicle to carry any inflammable substance or any other explosive or corrosive substances;
(j) not use the Vehicle for the conveyance or towing of any load unless you have Island Car Rental’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and Island Car Rental’s recommendations; and
(k) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorized repairs to the Vehicle and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.
MAINTENANCE, SECURITY AND SAFETY
5.1 You and any Authorized Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;
(c) keep the Vehicle locked and the keys under your or the Authorized Driver’s personal control at all times; and
(d) comply with all applicable seat belt and child restraint laws.
5.2 You must not have repairs to the Vehicle carried out unless Island Car Rental authorizes you to do so.
RETURN OF VEHICLE
6.1 You must return the Vehicle to Island Car Rental:
(a) to the place, on the date and by the time shown on the Rental Document; and
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 You must return the Vehicle to Island Car Rental location during normal business hours. If you return the Vehicle later than the time shown on the Rental Document, you must pay all additional Rental Charges.
6.3 Island Car Rental may request the immediate return of the Vehicle, or Island Car Rental may re-take the Vehicle without notice, if Island Car Rental reasonably suspects that:
(a) the Vehicle may be used for an unlawful purpose;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute.
6.4 Island Car Rental may re-take the Vehicle after written notice to you if:
(a) you do not return the Vehicle on the date and by the time shown on the Rental Document and you have not informed Island Car Rental of a new return date and time; or
(b) the credit limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of your Vehicle.
6.5 You must pay Island Car Rental all Rental Charges for the period up to the return/re-taking of the Vehicle as well as any additional costs Island Car Rental incurs in re-taking the Vehicle.
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
7.2 If you do not select the ‘Prepaid Fuel Option’ and you return the Vehicle with less fuel than it had when you rented it, you must pay the Fuel Service amount per gallon as set out on the Rental Document.
7.3 The fuel level of the Vehicle at the time you rent it and at the time you return it to Island Car Rental is determined by visual inspection by Island Car Rental of the Vehicle’s fuel gauge.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, you are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by you or any person you allow to drive the Vehicle; or
(ii) which arises from the use of the Vehicle by you or any person you allow to drive the Vehicle.
This clause 8 does not apply to any damage or loss for which Island Car Rental is liable to you under the Rental Agreement.
8.2 Subject to clauses 8.3 and 8.4, Island Car Rental waives your liability under clause 8.1 for damage to, or loss of, the Vehicle and will ensure that you and any Authorized Driver are entitled to be indemnified under the Island Car Rental Insurance Policy, if:
(a) you accept and pay for the Loss Damage Waiver option on the Rental Document; and
(b) you pay the Excess Amount for each separate event involving:
(i) damage to, or loss of, the Vehicle; or
(ii) damage to the property of any third party which is caused by the use of the Vehicle by you or an Authorized Driver.
8.3 Additional amounts payable: In addition to Clause 8.2, you must always pay to Island Car Rental the following costs and fees:
(a) the cost of repairing any:
(i) Overhead Damage or Underbody Damage;
(ii) water damage to the Vehicle;
(iii) damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5;
(iv) damage to a tire or an Accessory not attributable to normal wear and tear; and
(v) damage to the Vehicle or to the property of any third party caused deliberately or recklessly by you, any other driver of the Vehicle or any passenger carried during the Rental Period;
(b) the cost of replacing, if lost or stolen, an Accessory; and
(c) if you have breached the Rental Agreement, a per day loss of revenue fee based on the estimated downtime of the Vehicle.
8.4 Recovery Cost
(a) For the purposes of this clause 8.4, ‘Recovery Costs’ means, in relation to the loss of, or damage to, the Vehicle;
(1) any appraisal fees;
(2) any towing, storage and recovery costs; and
(3) an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
(b) If clause 8.2 or 8.3 applies, you must pay to Island Car Rental, or Island Car Rental may debit your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending Island Car Rental’s assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to your right to a refund under clause 8.5(b).
(c) For the purposes of calculating any refund under clause 8.4(b), Island Car Rental will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
(d) If clause 8.3 applies, and if the total of the Recovery Costs and the costs and fees that you must pay under clause 8.3 is greater than the Excess Amount (with the difference being the ‘Gap Amount’), you must pay to Island Car Rental, or Island Car Rental may debit your Account with, the Gap Amount.
8.5 Loss Payments
(a) Where you are required to pay Island Car Rental under this clause 8, the amount you must pay for any loss, damage, repair, cost or fee:
(1) may be reasonably determined by Island Car Rental; and
(2) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
(b) If the amount determined by Island Car Rental and paid by you under this clause 8.5 exceeds the final cost of the loss, damage or repair, Island Car Rental will refund the difference to you.
(c) Island Car Rental will provide details to you of the final cost of the loss, damage or repair on request by you.
CLAIMS AND PROCEEDINGS
9.1 Where the use of the Vehicle by you, an Authorized Driver, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, you must ensure that you or any Authorized Driver:
(a) promptly reports the Incident to the local police;
(b) promptly reports the Incident in writing to Island Car Rental;
(c) does not, without Island Car Rental’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
(d) permits Island Car Rental or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in your name in relation to the Incident;
(e) permits or ensures that Island Car Rental may claim in your name or that of the Authorized Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorized Driver to assist, Island Car Rental in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Island Car Rental; and
(f) completes and furnishes to Island Car Rental within a reasonable time any statement, information or assistance which Island Car Rental or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
9.2 Island Car Rental will meet your reasonable out-of-pocket expenses in complying with clause 9.1(e) or 9.1(f).
9.3 If you do not comply with clause 9.1(b), and Island Car Rental is unable to investigate the Incident, Island Car Rental will debit all Rental Charges to your Account pending receipt of your report about the Incident.
10.1 At the end of the Rental Period, you must pay Island Car Rental:
(a) all Rental Charges;
(b) any amount paid or payable by Island Car Rental or you to any person arising out of your use of the Vehicle or imposed on you or Island Car Rental by any government or other competent authority; and
(c) any amount for which you are liable to Island Car Rental under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Island Car Rental will provide details to you of any amount payable under this clause 10.1(c).
10.2 Each Rental Charge calculated and invoiced to you at the time of the return of the Vehicle is subject to subsequent verification by Island Car Rental. If a Rental Charge is to be adjusted, Island Car Rental will provide details to you if Island Car Rental has your contact details.
10.3 The minimum charge you must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4)
10.4 Distance charges are measured from the Vehicle’s odometer.
10.5 You authorize Island Car Rental to charge all amounts payable to Island Car Rental under the Rental Agreement to your Account.
10.6 Island Car Rental will pay, within a reasonable time, any refund due to you by such method as Island Car Rental may reasonably choose.
10.7 If you fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which you were required to pay the amount, you must also pay Island Car Rental:
(a) interest at 15% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which you were required to pay the amount to the date of payment; and
(b) on and as demanded, Island Car Rental’s Collection Costs including interest on Island Car Rental’s Collection Costs calculated in accordance with clause 11.7(a) from the date of demand.
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 Subject to clauses 6.2, 6.3, 6.4 and 11.3, you may terminate the Rental Agreement at any time by returning the Vehicle to Island Car Rental.
PROPERTY IN VEHICLE
12.0 Unless Island Car Rental or an Island Car Rental employee acting in the course of their employment is negligent, Island Car Rental is not liable to any person for any loss of, or damage to any property:
(a) left in the Vehicle after its return to Island Car Rental; or
(b) stolen from the Vehicle or otherwise lost during the rental.
ISLAND CAR RENTAL RENT PRIVACY NOTICE
WHAT PERSONAL INFORMATION DOES ISLAND CAR RENTAL RENT COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?
When you rent a vehicle from Island Car Rental, we need to collect certain information from you. The service you use will determine what information we collect from you. That information may include your name, contact details, date of birth, driver’s license number, payment details, referees, company name and employee number.
We may collect information about you from you or through a travel agent, a corporate program, one of our partner programs or through a credit reporting agency. You can choose not to provide some of your personal details but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us.
HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED BY ISLAND CAR RENTAL?
We may use and disclose your personal information for the following purposes:
We use your personal information to:
• provide the services that you request;
• do all things necessary to administer those services;
• research, develop, manage, protect and improve our services;
• conduct customer satisfaction surveys and inform you of improvements to our services; and
• maintain and develop our software and other business systems.
DISCLOSURE TO THIRD PARTIES
We may disclose your personal information to third parties around the world including:
• credit card providers;
• credit reporting agencies (see ‘Payment default’ below) and fraud checking agencies;
• debt collection agencies, if you default in payment of amounts owed to us;
• councils, government and private organizations responsible for the processing of traffic related infringements;
• in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
• driver licensing authorities; and
• government, regulatory and law enforcement agencies where the disclosure is required or Authorized by law.
Use or disclosure for direct marketing purposes
We may use your personal information to offer you products and services provided by Island Car Rental.
If you default in the payment of any rental fees or charges to us, we may give information about you to a credit reporting agency for some or all of the following reasons: to obtain a credit report about you; to allow the credit reporting agency to create or maintain a credit information file about you; and to list your default and the debt on that credit information file. The information is limited to the types of information that may be disclosed under the Privacy Act and may include limited identity particulars; the fact that you owe us money; payment defaults over 60 days for which debt collection action has started; confirmation if those disclosed payment defaults are rectified; our opinion if we consider that you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your contractual obligations).
WHOM CAN I CONTACT FOR FURTHER INFORMATION?
If you have any privacy questions or concerns, or wish to exercise your right to access or correct your personal information (subject to exceptions under privacy laws), you can contact our Privacy Officer as follows:
Island Car Rental
Customer Service Department
PO Box 29518
San Juan, PR 00929
By e-mail: email@example.com
By fax: 787-523-1661
By telephone: (toll free) 1-800-981-5181 / (local) 787-741-8822