Legal Terms

Big Island Auto Rentals AGREEMENT BACK

1. GENERAL DEFINITIONS

1. Big Island Auto Rentals = Rainbow Car Rentals and Car In Hawaii – means the vehicle rental firm shown on the FRONT side, which is an independent daily rental dealer.

2. Renter – means the person(s) signing 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 the FRONT of this agreement or otherwise permitted to drive the vehicle with the written consent of Big Island Auto Rentals.

3. Vehicle – means the motor vehicle described on the front side of this Agreement and includes all tires, tools, accessories, equipment, keys and vehicle documents in or on the vehicle.

4. Renting Location – means the Big Island Auto Rentals location shown on the front side of this Agreement.

2. RENTAL OF VEHICLE AND RESPONSIBILITY FOR PAYMENT Big Island Auto Rentals agrees to rent Vehicle to Renter subject to all of the terms and conditions on this page and on front side whether printed or written. All persons or entities who are by definition the Renter are jointly and severally responsible to Big Island Auto Rentals for the charges due under this Agreement.

3. NATURE OF AGREEMENT / VEHICLE REPAIRS / WARRANTY DISCLAIMER Vehicle is Big Island Auto Rentals’ property. This Agreement is a contract only for use of Vehicle while Vehicle is on rental to Renter. Renter is not Big Island Auto Rentals’ agent or employee, nor is Renter’s conduct under Big Island Auto Rentals’ control, for any purpose. Any service to or replacement of a part or accessory to Vehicle during rental must have Big Island Auto Rentals prior approval, Renter acquires no rights other than to use Vehicle in accordance with this Agreement. Big Island Auto Rentals 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. Big Island Auto Rentals 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/ REPOSSESSIONRenter shall return Vehicle to Big Island Auto Rentals in same condition as received to location where rented or to such location as set forth on front side on the due date specified. If Vehicle is not returned to such location by due date (or within thirty (30) days of commencement of rental, whichever is earlier) Big Island Auto Rentals may repossess Vehicle at any time thereafter at Renter’s expense. Big Island Auto Rentals reserves right to repossess Vehicle at any time without demand, at Renter’s expense if Vehicle is illegally parked, used for an illegal purpose, or apparently abandoned. Renter waives prior notice, preseizure hearing and receipt of judicial process as a prior condition to Big Island Auto Rentals repossession. Renter agrees that Big Island Auto Rentals may notify the police or other authorities that the vehicle is stolen or missing, and Renter will not hold Big Island Auto Rentals or the civil authorities responsible for their actions to repossess Vehicle. In the event of any Vehicle replacement for any reason, Big Island Auto Rentals 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 / PHYSICAL DAMAGE WAIVER (PDW) If Vehicle is lost or damaged while on rental, whether or not due to Renter’s fault, Renter shall pay Big Island Auto Rentals on demand the amount of such loss or damage at prevailing rental price plus Big Island Auto Rentals’ related expenses, including loss of use, except as follows:

1. THEFT, If Vehicle is used in accordance with all terms and conditions of this Agreement, Renter is not responsible for theft of Vehicle unless it is left unattended without all doors locked, windows up and keys removed.

2. PHYSICAL DAMAGE If Vehicle is used in accordance with all terms and condition of the Agreement, Renter’s responsibility for loss of or damage to Vehicle arising from collision or rollover or losses normally considered “comprehensive” losses, is determined as follows:

1. If Renter declines the Physical Damage Waiver at the time of rental by initialing the box labeled PDW DECLINED, Renter’s responsibility is limited to maximum amount set forth on front side.

2. If Renter accepts Physical Damage Waiver at time of rental by initialing the box labeled PDW ACCEPTED, Renter’s responsibility is further reduced to the amount set forth on the front side.

PHYSICAL DAMAGE WAIVER IS Big Island Auto Rentals’ WAIVER OF RENTER’S RESPONSIBILITY, IT IS NOT INSURANCE. IF VEHICLE IS USED BY PERSONS OTHER THAN RENTER OR ANY APPROVED ADDITIONAL RENTER, OR IS USED BY THE RENTER OR ANYONE ELSE IN VIOLATION OF THIS AGREEMENT, RENTER SHALL BE RESPONSIBLE TO Big Island Auto Rentals FOR ALL LOSS OF OR DAMAGE TO VEHICLE UP TO ITS FULL VALUE PLUS ANY INCIDENTAL RELATED COSTS INCURRED, WHETHER OR NOT RENTER HAS ACCEPTED PHYSICAL DAMAGE WAIVER.

6. PROHIBITED USES OF VEHICLE Vehicle shall NOT, under any circumstances, be used for any of following purposes or under any of following conditions, and any such use is WITHOUT Big Island Auto Rentals PERMISSION

1. By anyone without first obtaining Big Island Auto Rentals’ written consent.

2. By anyone under age 21.

3. By anyone who is not a qualified licensed driver.

4. 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.

5. To carry persons or property for hire, including chauffeur driven limousine service.

6. To propel or tow any vehicle, trailer or other object.

7. In any race, test or contest.

8. For any illegal purpose or commission of a crime.

9. To instruct an unlicensed person in operation of Vehicle.

10. If Vehicle is obtained from Big Island Auto Rentals by fraud or misrepresentation.

11. To carry persons other than in passenger compartment of Vehicle.

12. Loading Vehicle beyond rated capacity.

13. While under the influence of alcohol or other intoxication like drugs or narcotics or under any other physical or mental impairment which adversely affects driver’s ability to operate the Vehicle.

14. Intentionally causing damage to or loss of the Vehicle.

15. On other than a paved road or graded private road or driveway.

16. 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 Big Island Auto Rentals, VOIDS PDW AND MAKES RENTER RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO DAILY RENTAL COMPANY’S EXPENSES, INCLUDING LOSS OF USE.

7. RESPONSIBILITY FOR PROPERTY IN VEHICLE Big Island Auto Rentals 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 Big Island Auto Rentals rental office, even if it is in Big Island Auto Rentals’ possession, regardless of who is at fault, Renter releases and indemnifies and holds Big Island Auto Rentals, 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 payable by Renter (i) in cash at the time of reservation, or (ii) if a credit card acceptable to Big Island Auto Rentals is used, upon Renter’s receipt of applicable statement or invoice, in accordance with terms of such statement or invoice. CREDIT CARD RENTER AUTHORIZES RENTAL COMPANY TO PROCESS A CREDIT CARD VOUCHER ID APPLICABLE, IN RENTER’S NAME FOR CHARGES AND CONSENTS TO RESERVATION OF CREDIT WITH 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 Big Island Auto Rentals all charges due in accordance with this Agreement at the request of Big Island Auto Rentals. If Renter directs Big Island Auto Rentals 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 of Big Island Auto Rentals. Big Island Auto Rentals may keep any security deposit provided on the FRONT of this Agreement to cover any charges or other liability which Big Island Auto Rentals believes warrants the retention of the deposit. The charges Renter will pay include but are not limited to:

1. TIME AND MILEAGE CHARGES: Renter will pay Big Island Auto Rentals for the number of miles driven and the time vehicle is rented at the rate shown on the FRONT of this Agreement. The number of miles will be determined by reading the factory installed odometer. Renter will not detach the odometer and if the seal is broken, Renter shall pay for its replacement or repair and a mileage charge equivalent to the average mileage developed from the experience of Big Island Auto Rentals.

2. PHYSICAL DAMAGE WAIVER (PDW) CHARGES: if applicable, computed at daily charge set for on front side. Daily charge is due for each full or partial Rental Day:

3. TAXES: Applicable sales, use and excise taxes and any amounts charged by Big Island Auto Rentals as reimbursement for taxes paid;

4. FINES AND OTHER EXPENSES: Fines, penalties, forfeitures, court costs and other expenses that may be assessed against Big Island Auto Rentals which are due by reason of Renter’s possession or use of Vehicle, including traffic and parking fine.

5. COLLECTION AND VEHICLE RECOVERY EXPENSES; Big Island Auto Rentals’ 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;

6. INTEREST ON PAST DUE AMOUNTS at the rate of 2% 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 Big Island Auto Rentals 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 the Agreement is equal to the minimum financial responsibility limits 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 requirement of any mandatory “No Fault” law which may be applicable, BUT DOES NOT INCLUDE “UNINSURED MOTORIST.” “UNDERINSURED MOTORIST” OR SUPPLEMENTARY “NO FAULT” OR OTHER OPTIONAL PROTECTION; AND Big Island Auto Rentals AND RENTER HEREBY REJECT, TO EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROECTION. In the event that coverage is imposed, by operation of the law, for benefit of any person other than Renter, then limits of such coverage shall by Statutory Limits of state or other jurisdiction in which accident occurs. Big Island Auto Rentals 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 Big Island Auto Rentals, its agents and employees 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 IN MEXICO. Renter must obtain Big Island Auto Rentals’ written authorization and purchase liability and property damage insurance before entering Mexico. IF RENTER DOES NOT REPORT ACCIDENT TO Big Island Auto Rentals WITHIN 24 HOURS OF OCCURRENCE, LIABILITY INSURANCE COVERAGE DESCRIBED IN THIS PARAGRAPH IS VOID AND Big Island Auto Rentals 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 Vehicle to Big Island Auto Rentals and to police, Renter and Additional Renter(s) shall deliver to Big Island Auto Rentals all papers of any kind received by such party relating to any accident. Renter and Additional Renter(s) will cooperate fully with Big Island Auto Rentals in completing accident reports and in investigation and defense of any claim or lawsuit relating to any such accident and authorize Big Island Auto Rentals to obtain from any governmental authority having jurisdiction (hereof any record of any citation issued 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 Big Island Auto Rentals harmless in event Big Island Auto Rentals pays such fines and penalties on behalf of Renter, and to reimburse Big Island Auto Rentals for all its collection and other expenses including attorney fees relating to same. Renter and Additional Renter(s) authorize Big Island Auto Rentals in connection with claimed violations of parking or traffic laws arising out of use or operation of Vehicle 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 Big Island Auto Rentals has in its possession.

13. ASSIGNMENT This agreement and Vehicle cannot be assigned or transferred by Renter. Renter remains responsible regardless of any attempted assignment.

14. WAIVER / MODIFICATION OF TERMS / RELEASE This Agreement is the entire agreement between Renter and Big Island Auto Rentals. No other agreements, promises or responsibilities exist between Renter and Big Island Auto Rentals with regard to this rental. No term or condition of this agreement may be waived or modified as to Daily Rental Company except in writing, signed by a Big Island Auto Rentals representative who has been expressly authorized to do so by Big Island Auto Rentals entity identified on the FRONT side. 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 the operation or use of Vehicle.

15. PROHIBITION BY LAW If any provision of this Agreement is prohibited by law, it shall not affect the remaining provisions.

16. 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 and fees.

17. LOSS OF USE Renter shall be liable for REASONABLE LOSS OF USE AND DAMAGE TO VEHICLE regardless of anything else stated in this agreement, which is caused by Renter’s violation(s) of any of the terms and provisions of this agreement.

18. NO SMOKING NO DIRT ROADS NO SADDLE ROAD NO PETS