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TERMS AND CONDITIONS OF RENTAL AGREEMENT ("The Agreement)
- Owner: Renter acknowledges the owner of the vehicle rented ("The vehicle") to be Mystique Car Rental & Tours Limited, trading as Hertz ("Hertz").
- Bailment: Renter, by renting the vehicle, accepts the obligations of a bailee of the vehicle towards Hertz as the bailor, personal care of the vehicle, on the part of the Renter, being of the essence of the contract.
- Credit Card: Hertz may require Renter to present a credit card ("the Credit Card") on signing of the Agreement form. In such case, Renter authorizes Hertz to debit all charges relating to the renting of the vehicle, under the Agreement, to the Credit Card and warrants that the Credit Card will be good for all such charges), including any additional charges under paragraphs 6,8,12,14 & 15. Renter also authorizes Hertz to reserve credit with the Credit Card issuer to cover all charges estimated, at the time the Agreement is signed, as likely to accrue. Renter, in addition, authorizes Hertz to debit the Credit Card with any subsequent charges (for example, where there is repair damage to be charged) and to correct any Credit Card charge that requires correction after invoices, etc., come to hand (Renter to be notified by Hertz of any such correction).
- Minimum rental period: Unless any other arrangement is specifically agreed and recorded on the Agreement form, the minimum rental period shall be 1 day of 24 consecutive hours ("a rental day") commencing at the time the Agreement is signed. The extra hours rate shown on the Agreement form shall be chargeable for each hour or part thereof in excess of any agreed rental period of 1 or more rental days.
- Condition of vehicle: Renter acknowledges the vehicle to be in good and serviceable condition, and without external dents or scrapes, when rented, save for any exceptions noted and agreed at time of renting. Renter accepts the obligation to keep and return the vehicle in the same condition as received, save for reasonable wear (of which Hertz shall be the arbiter).
- Liability for damage and repairs, and Collision Damage Waiver ("CDW"): Renter shall be fully liable to Hertz for the cost of repairing all damage sustained to the vehicle while rented, save that where Renter has initialed the CDW box on the Agreement form and paid or agreed to pay the CDW daily fee. Renter shall be liable to Hertz only for a $1,000.00 deductible, Hertz otherwise waiving Renter's liability to Hertz for the damage concerned. On return of the vehicle as per the Agreement, or earlier repossession (see paragraph 11), Hertz shall assess any damage repair cost and shall charge Renter for same (subject always to the operation of the CDW, if applicable). If the assessed cost of repair later turns out to have been too high, Hertz shall refund the difference; if too low, Renter shall be liable for the shortfall. Hertz may debit any assessed charge, or any additional charge after repair work has been completed and billed, and may credit any amount overassessed, to the Credit Card.
- Drivers: Only Renter and, with Renter's permission, any Additional Drivers (who must be 25 years old and have a driver's license from a jurisdiction acceptable to Hertz, and whose names and details appear on the Agreement form) are permitted to drive the vehicle. Neither Renter nor any Additional Driver shall drive the vehicle when affected by alcohol or drugs, or shall otherwise violate the Road Traffic Ordinance or Regulations thereunder, or otherwise drive contrary to law or in a manner hazardous to public safety or the safety of other roadusers or pedestrians.
- Renter responsibility, and indemnities: Subject to CDW (where applicable), Renter takes full responsibility, and indemnifies Hertz, for any loss or damage flowing from the actions, defaults, and negligence of any Additional Driver while in charge of the vehicle, and from any and all 3rd party claims, being claims other than those covered under the Motor Vehicles (Third Party Insurance) Ordinance, made to Hertz, in respect of the use of the vehicle during the period in which the vehicle is rented. Both indemnities shall extend to all legal costs incurred by Hertz in prosecuting or defending any action, or in negotiating a settlement of any claim, and all charges and costs (including any judgement or settlement sums) for which Hertz may become liable, and to which these indemnities apply, may be charged by Hertz to the Credit Card.
- Care of vehicle: Renter must take good care of the vehicle, and must not take or attempt to take the vehicle off the island where rented, or permit any third person (other than an Additional Driver) to drive it. Renter and any Additional Driver must take all responsible precautions against theft and vandalism of the vehicle, and against any other unlawful interference with it. The vehicle shall not be used for towing or propelling any other vehicle, vessel, or thing, or for any illicit or illegal purpose, or for carrying passengers or goods for reward. When leaving the vehicle at any place, Renter or any Additional Driver must leave the doors locked, and the windows and boot (trunk) closed.
- Accidents, etc: Renter must promptly and full report any accident, theft, or vandalism involving the vehicle, to the Police and to Hertz. If the vehicle becomes immobilised, or suffers mechanical breakdown, or any serious defect becomes evident to Renter or to any Additional Driver, Renter or the Additional Driver concerned must contact Hertz immediately and act in accordance with Hertz's reasonable instructions.
- Return of vehicle: Renter shall return vehicle to Hertz's depot (or to such other place as may be specified on the Agreement form) within the time agreed as shown on the Agreement form or as otherwise agreed. If not so returned, or if involved in any accident or other incident requiring or involving a Police presence, or if Hertz becomes aware of any breach of this Agreement, or if the vehicle is found damaged or abandoned at any place Hertz may, without prior demand or notice, take immediate possession of the vehicle.
- Fuel: If (in any case where fuel is not prepaid) the vehicle is returned with less fuel than it had when rented, Hertz shall charge Renter the difference at then applicable rates together with a service charge, and may debit any such amount to the Renter's Credit Card.
- Special or additional charges: Rates for special charges (additional time, service charges, protection charges, and additional services) shall be as per completed Agreement form, or separate written advice from Hertz.
- Parking and traffic fines, penalties, etc: Renter is responsible for all parking and traffic fines, penalties, tolls, etc., charged or incurred during the period in which the vehicle is rented under the Agreement; if Hertz has to pay any such on behalf of Renter, the same shall be reimbursed to Hertz by Renter, and may be debited to the Credit Card.
- Assistance in legal proceedings, and legal fees: In the event that Hertz is named as a party to any legal proceeding arising out of the use of the vehicle during the period in which it is rented under the Agreement, Renter will co-operate fully, and lend any assistance reasonably requested by Hertz, in relation to same. Subject to CDW (where applicable), all legal fees and disbursements, and all Court costs and fees, and any judgement awarded against Hertz in any such proceeding, and any legal costs incurred in negotiating a settlement, and any settlement amount reasonably agreed to by Hertz, shall be reimbursable by Renter to Hertz, and Hertz may debit the Credit Card in relation to same. Likewise any legal fees and disbursements, and any Court fees, and all Court costs on a solicitor and client basis, incurred by Hertz in enforcing this Agreement, shall be reimbursable to Hertz by Renter, and the Credit Card may be debited in relation to same.
- Governing law, and jurisdiction: Hertz accepts no liability for claims made, or judgements obtained, against it, in relation to this Agreement or otherwise in relating to the renting of the vehicle, outside the Turks & Caicos Islands ("TCI"), this Agreement being governed by TCI law and Renter accepting the exclusive jurisdiction of the TCI Courts in relation to it, and to any dispute concerning the renting or use of the vehicle or any matter touching or concerning same.