ARIES RENTAL CARS PTE LTD
RENTAL VEHICLE AGREEMENT
This Rental Vehicle Agreement (“Agreement”) is made between Aries Rental Cars Pte Ltd (“Owner”) and the hirer whose particulars are recorded on Schedule 1 of this Agreement (“Hirer”).
The parties agree as follows.
VEHICLE DESCRIPTION AND TERM OF HIRE
1.
The Owner agrees to hire to the Hirer, and the Hirer agrees to hire from the Owner, the motor vehicle described on Schedule 1 of this Agreement (“Vehicle”) for the hire period specified therein (“Hire Period”).
2.
The Hire Period ends when the Vehicle is returned to the agreed location, date and time specified in this Agreement.
3.
Late returns will incur additional charges of FJ$25.00 per hour for the first five (5) hours and FJ$100.00 per day thereafter, in addition to the daily hire rate.
4.
All hire charges, once this Agreement is executed, are non-refundable and non-transferable.
5.
No refund will be made if the Hirer cancels this Agreement, collects the Vehicle late, or returns the Vehicle earlier than the agreed return date and time.
TERMINATION AND REPOSSESSION
6.
The Owner may terminate this Agreement and repossess the Vehicle in the circumstances set out below:
a.
the Hirer breaches any material term of this Agreement;
b.
the Vehicle was obtained by fraud or misrepresentation;
c.
rental payments are overdue or declined;
d.
the Vehicle appears to be abandoned;
e.
the Hire Period has expired;
f.
the Vehicle is damaged, endangered, or misused; or
g.
termination is recommended by the Police or the Land Transport Authority of Fiji in the interest of road safety.
7.
Except where immediate repossession is necessary for safety, to prevent criminal activity, or where the Vehicle is abandoned, the Owner will give the Hirer 24 hours’ written notice to remedy the breach before repossessing the Vehicle. The Owner may repossess immediately where the Vehicle is being driven in a manner that creates an imminent safety risk or where the Vehicle is being used in the commission of a crime.
8.
Upon termination under this clause, the Hirer shall pay all reasonable costs of repossession, including towing charges.
9.
No refund shall be payable upon termination, and termination shall be without prejudice to any other rights of the Owner.
AUTHORISED DRIVERS
10.
The Vehicle may only be driven by persons named on page 1 of this Agreement.
11.
Each authorised driver must hold a valid and current full driver’s licence, either issued in Fiji or overseas, appropriate to the class of Vehicle, with an English translation where required.
12.
The Vehicle must be driven strictly in accordance with the conditions of the driver’s licence.
PAYMENTS AND ADDITIONAL CHARGES
13.
The Hirer shall pay the hire charges specified on page 1 of this Agreement.
14.
The Hirer is also liable for all additional charges incurred during or after the Hire Period, including but not limited to:
a.
excess kilometres;
b.
fuel charges;
c.
late return fees;
d.
cleaning, damage, repair or loss;
e.
Loss of use;
f.
towing and salvage;
g.
enforcement, legal (on indemnity basis) and administration fees;
h.
traffic infringements and toll charges.
15.
The Owner may deduct any amounts owing from the Hirer’s credit card at any time during or after the Hire Period. The Owner will provide the Hirer with a written statement of any deduction and supporting invoices within 7 days of making a deduction. If the Owner is unable to deduct amounts from the Hirer’s card or bond, the Hirer must pay the outstanding amount within 14 days of written demand.
PROHIBITED USE
16.
The Hirer must not, and must not permit any other person to:
a.
use the Vehicle for hire, reward or commercial passenger transport;
b.
sublet or re-hire the Vehicle;
c.
use the Vehicle without authority;
d.
use the Vehicle in breach of any law or regulation in Fiji;
e.
use the Vehicle in any race, rally, speed test or competition;
f.
exceed the maximum passenger or load limits;
g.
drive the Vehicle on beaches, riverbeds, creeks, or any surface likely to cause damage;
h.
Use the vehicle for recording of any social media content.
17.
The Hirer must not load the Vehicle onto any ferry, barge or vessel without the Owner’s prior written consent. Any unauthorised cross-island travel voids insurance cover and renders the Hirer fully liable for loss or damage.
HIRER’S OBLIGATIONS
18.
During the Hire Period, the Hirer must:
a.
take reasonable care when driving and parking;
b.
maintain correct oil, water and battery levels;
c.
maintain correct tyre pressure;
d.
keep the Vehicle locked and secure when not in use;
e.
not interfere with the speedometer or odometer;
f.
not interfere with the engine, transmission, brakes or suspension;
g.
immediately stop driving and notify the Owner if a warning light appears or mechanical issues arise;
h.
ensure no smoking occurs in the Vehicle;
i.
comply with the Owner’s instructions in relation to accident reporting, preservation of evidence and cooperation with insurer investigations. Failure to comply may void insurance cover and render the Hirer fully liable.
OWNER’S OBLIGATIONS
19.
The Owner shall supply the Vehicle in a roadworthy condition with a valid Certificate of Fitness.
ACCIDENTS, DAMAGE AND REPAIRS
20.
The Hirer must immediately notify the Owner of any accident, damage, breakdown or loss and must not admit liability to any third party.
21.
In the event of an accident involving third-party property damage or personal injury the Hirer must report the matter to the Police and obtain an incident number. The Hirer must obtain names, addresses, licence numbers and insurance details of other drivers and contact details of witnesses.
22.
The Hirer must not arrange repairs or salvage without the Owner’s prior consent, except where immediate action is necessary to prevent further damage or for safety reasons.
23.
The Owner may arrange repairs or provide a replacement Vehicle at its discretion. The Owner will notify the insurer and follow the insurer’s instructions in relation to repairs.
24.
No refund or replacement will be provided where damage arises from a breach of this Agreement or from unauthorised use.
RETURN OF VEHICLE
25.
The Hirer must return the Vehicle to the location specified on page 1 by the agreed date and time unless prior written consent is obtained for an extension. The Hirer must return the Vehicle with the same fuel level and in the same condition as recorded on the signed condition checklist and photographs taken at pickup, subject to fair wear and tear.
LIABILITY FOR DAMAGE AND LOSS
26.
Subject to insurance clauses, the Hirer is liable for:
a.
loss of or damage to the Vehicle (excluding fair wear and tear);
b.
third-party property damage;
c.
loss of use while the Vehicle is under repair;
d.
each separate incident or accident.
27.
The Hirer’s liability for own damage is subject to the insurance policy deductible described under the heading “Insurance” and the Bond provisions under the heading “Bond”.
28.
Excessive cleaning charges may be applied, including for spills, odours, sand, smoke, food waste, vomit or animal contamination.
INSURANCE
29.
Insurance Disclosure — The Vehicle is insured under a Motor Comprehensive Fleet policy issued by a licensed insurer. The policy provides Third-Party Property Damage cover up to FJD 100,000 and Own Damage cover subject to a policy deductible of 20% of the assessed loss with a minimum deductible of FJD 5,000 per event. The policy may exclude certain losses and contains conditions and exclusions. A compulsory insurance charge of FJ$25.00 plus VAT per day applies as set out.
30.
Hirer responsibility for deductible — The Hirer acknowledges and agrees that the Hirer is responsible for payment of the policy deductible and any amounts not covered by the insurer, including uninsured items and accessories. The Owner may require payment of the deductible on demand and may apply the security bond or charge the Hirer’s credit card for amounts owing in accordance with clause 15.
31.
Owner discretion on claims — The Owner is not an insurer and retains sole discretion as to whether a claim is made, subject to the Owner’s duty to act reasonably and in accordance with insurer requirements.
EXCESS PAYABLE
32.
In the event of damage or loss, the Hirer is liable for the policy deductible as disclosed in clauses 29 to 30. The Owner will apply the security bond to satisfy the deductible and any other amounts owing. If the bond is insufficient, the Hirer must pay the shortfall within 14 days of written demand. The Owner will provide the Hirer with a written statement of the assessed loss, insurer decision, and invoices supporting any deduction from the bond within 7 days of making a deduction.
EXCLUSIONS FROM INSURANCE COVER
33.
Insurance cover does not apply where:
a.
the driver is under the influence of alcohol, drugs or kava;
b.
the Vehicle is knowingly driven in an unsafe condition;
c.
the Vehicle is used in prohibited activities;
d.
the driver is unauthorised;
e.
the Vehicle is taken outside mainland Viti Levu;
f.
the Vehicle is driven on prohibited roads or locations;
g.
roof or underbody damage occurs;
h.
damage arises from incorrectly fitted accessories.
34.
Where insurance cover is excluded under the policy (including but not limited to driving under the influence, unauthorised use, or taking the Vehicle outside mainland Viti Levu), the Hirer will be fully liable for all loss, damage, third-party claims and associated costs.
BOND
35.
A security bond is payable at commencement of hire by pre-authorised hold on the Hirer’s credit card. The bond may be applied toward loss, damage, the policy deductible, cleaning, towing, storage, administration fees and other amounts owing under this Agreement. The Owner will provide the Hirer with a written statement of deductions and supporting invoices within 7 days of making any deduction. Where the bond does not cover amounts owing, the Hirer must pay the shortfall within 14 days of written demand.
36.
The security bond shall be as follows:
a.
FJD1000 for Hatchbacks, Sedans & Wagons,
b.
FJD2000 for SUVs, Minivans, Utes & 4WDs
37.
If no deductions are made, the Owner will confirm release of the pre-authorised hold within 7 days of the Vehicle’s return. The timing of the actual release is subject to the Hirer’s card issuer processing times.
TRAFFIC AND PARKING INFRINGEMENTS
38.
The Hirer is liable for all traffic, toll and parking offences incurred during the Hire Period.
39.
The Owner may debit infringement fees and an administration fee of up to FJ$45.00 per notice. The Owner will provide the Hirer with a copy of the infringement notice and evidence before charging the Hirer.
DANGEROUS DRIVING
40.
Where the Hirer’s driving poses a safety risk, the Owner may immediately terminate this Agreement and require the Vehicle’s return.
41.
The Hirer’s details may be disclosed to relevant authorities or operators for road safety purposes.
PERSONAL INFORMATION
42.
The Hirer authorises the collection, use and disclosure of personal information for purposes related to vehicle hire, enforcement, debt recovery and customer service. The Hirer consents to the Owner sharing personal information with insurers, the Police, and debt recovery agents where necessary for claims, enforcement or repossession.
RELEASE AND INDEMNITY
43.
To the extent permitted by law, the Hirer releases the Owner from all liability arising from the Hirer’s use or possession of the Vehicle.
44.
The Hirer indemnifies the Owner against all claims, losses and expenses (including legal costs on a full indemnity basis) arising from the Hirer’s breach of this Agreement, negligence, unlawful use of the Vehicle, or any act or omission that results in loss or damage. The Owner will mitigate loss where reasonably practicable.
PERSONAL INJURY AND PROPERTY
45.
The Owner accepts no liability for personal injury, property loss, or consequential losses. The Owner’s insurance does not replace the Hirer’s obligation to report injuries and property loss to the Police and insurer immediately.
46.
Any property left with the Owner is at the Hirer’s risk.
THIRD-PARTY CLAIMS
47.
The Owner is not obliged to pursue third-party claims on behalf of the Hirer but will cooperate with the Hirer and insurer. The Hirer must provide all assistance reasonably required to pursue or defend third-party claims.
CANCELLATION AND REFUNDS
48.
Cancellations made:
a.
20 days or more before hire: full refund;
b.
10–19 days before hire: 50% refund;
c.
9 days or less before hire: no refund.
49.
Refunds exclude any bank fees charges inward and outward.
GENERAL
50.
Rates are in Fijian Dollars and subject to change.
51.
The Owner will retain condition checklists, photographs, police reports, repair invoices and related records for a minimum of 3 years.
52.
This Agreement is governed by, and is to be construed in accordance, with the law of the Republic of Fiji and the parties submit to the non-exclusive jurisdiction of the Courts of Fiji and any court hearing appeals from those courts.