(1) THE RENTAL AGREEMENT: These Rental Terms and Conditions, the Rental Agreement you receive when you are provided access to the rental vehicle (the “ Vehicle”), and any documents or agreements sent to you or received in connection with your Vehicle Rental, and the return receipt with computed rental charges, all together constitute the “Rental Agreement” between yourself (the “Renter” or “You” or “Your”) and Hawaii Lifted Jeep Rentals LLC (“Hawaii Lifted Jeep Rentals” or “We” or “Us” or “Our”). The vehicle is further defined to include the automobile or truck identified in the Rental Agreement and any substitute vehicle We provide, including all of its tires, tools, accessories, equipment, keys, and documents.
(2) OTHER DEFINITIONS: “Collision Damage” means damage to the Vehicle caused by collision or upset. “Comprehensive Damage” means damage to, or loss of, the Vehicle caused by theft or vandalism by anyone other than You or Your passengers; damage caused by an act of nature, riot or civil disturbance, and fire; but, does not include damage caused by animals transported in the Vehicle. “Loss of Use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired times the daily rental rate shown on the reverse side of this Agreement.
(3) THE RENTAL VEHICLE: You, the Renter, are renting the Vehicle described in the Rental Agreement, which rental is solely for the possession, and not the ownership of the Vehicle. The Rental Agreement is not assignable or transferable. If You are obligated to pay Us a time or mileage fee for use of the Vehicle, this Rental Agreement is a contract for the rental of the Vehicle. If You are not obligated to pay us a time or mileage fee for use of the vehicle, this Agreement is a contract for the loan of the Vehicle only.
(4) INSURANCE AND AUTO RENTAL INSURANCE GROUP, PCS: You have the option of either (i) providing Us with proof of Comprehensive, Collision, & Liability Insurance that will cover the rental Vehicle while under your rental contract, or (ii) paying an increased Security Deposit (as defined in Section 7 below) of $500.00 instead of $250.00, plus an additional Premium Coverage Fee of $54.99 or $59.99 per day based on the coverage plan selected plus applicable taxes. If the Vehicle is damaged or destroyed while it is in Your possession, You agree to pay any required insurance deductible and further agree to assign all rights to collect insurance proceeds to Us. Coverage with Auto Rental Insurance Group, PCS includes Automobile Liability coverage with no deductible, and Physical Damage (Comprehensive/Collision Damage coverage) with a $1,000.00 deductible. You understand and agree that You are responsible for paying the Auto Rental Insurance Group, PCS deductible on any claim. The deductible is payable directly to Us. You further understand that Auto Rental Insurance Group, PCS coverage is primary to your automobile insurance coverage and that We will be named as an additional insured under all Auto Rental Insurance Group, PCS policies purchased. A spare tire and tools are provided in Your rental. Auto Rental Insurance Group, PCS DOES NOT cover lost key replacements. Lost, stolen keys and water damaged key fobs will result in a charge of $650 plus taxes and 5% credit card processing fee for reprogramming and replacement. This cost is constantly increasing without notice.
(5) DRIVERS: Only the Renter listed in the Rental Agreement and any additional driver listed in the Rental Agreement (“Additional Driver(s)”) may operate the Vehicle. You and/or the Additional Driver(s) may not be under 21 years of age. You and all Additional Driver(s) represent that You are a validly licensed driver and will continue to be validly licensed through the term of Your rental. You acknowledge that You will remain financially responsible and liable under the Rental Agreement at all times, even if the Vehicle is operated by an Additional Driver.
(6) RETURN POLICY/DAMAGES TO VEHICLE: You must return the Vehicle to Our office or other location We specify, on the date and time specified in the Rental Agreement, and in the same condition that You received it. Service to the Vehicle or replacement of parts or accessories must have Our prior approval. A $25.00 processing fee will apply for the return of any personal belongings left inside the Vehicle or facility, which fee excludes shipping costs. By signing the Rental Agreement provided during Your rental inspection, You acknowledge that any new damages to the Vehicle upon return will be Your responsibility/liability. If the Vehicle is damaged, You will be responsible and will pay Hawaii Lifted Jeep Rentals for all loss or damage to the Vehicle regardless of cause. You authorize Hawaii Lifted Jeep Rentals to charge You for the actual cost of repair or replacement as part of the rental charges at the time the Vehicle is returned. You are responsible for all damage to, or loss of, the Vehicle, Loss of Use, diminished value of the Vehicle caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover Our administrative expenses incurred processing any damage claim, whether or not You are at fault. You must report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them. ALWAYS REMEMBER TO BUCKLE UP AND DRIVE ON THE RIGHT.
(7) SECURITY DEPOSIT: You will provide a security deposit to Us in the amount of, (i) $250.00 if you provide valid automobile insurance as specified in Section 4 above and (ii) $500 if you have selected to use one of the Premium Coverage Options with Us through Auto Rental Insurance Group, PCS. The “Security Deposit” is to be used by Us in the event of loss or damage to the Vehicle. In the event of damage to the Vehicle, We will apply the Security Deposit to defray the costs of necessary repairs or replacement, or to pay the deductibles (as provided in Section 4). If the cost for repair or replacement of damage to the Vehicle (or the cost of the deductible) exceeds the amount of the Security Deposit, You will be responsible for payment of the balance of the cost of any and all repairs or replacements.
(8) SMOKE-FREE POLICY:Hawai’i Lifted Jeep Rentals is proud to offer a 100% smoke-free fleet. Smoking is PROHIBITED in Your vehicle. There will be a recovery fee of $200.00 for vehicles returned with smoke/offensive odors.
(9) EXCESSIVE SAND POLICY: If Your rental is returned with excessive sand embedded anywhere other than the removable mats, a minimum $100.00 recovery fee will apply for interior cleaning and restorations. Lex Brodie’s in downtown Kailua Kona has a drive-through car wash and offers free vacuums with each wash.
(10) ACCIDENT POLICY: At the time of an accident, You are required to make a report IMMEDIATELY to the local police by calling 911. You must then report the accident to Hawai’i Lifted Jeep Rentals as soon as possible and fill out our incident/accident report. A $40.00 police report processing fee will be charged to Your credit card. If a tow truck is required, please see towing service numbers at the end of this form for assistance. You will be contacted with further details of the damages..
(11) RENTAL EXTENSIONS/OVERDUE RENTAL/LATE RETURN POLICY: If You wish to EXTEND Your rental period, please contact us immediately at 330-231-0643 or 808- 854-1336 to request an extension. If the vehicle is kept beyond the agreed return date and time specified, it will be considered OVERDUE. All overdue rentals will be reported to the police as lost or stolen. In order to avoid additional charges, Your indicated check-out time on the Rental Agreement should be the same time as Your return. If Your rental is returned LATE and optional services and/or vehicle coverage was accepted, You will be charged at a DAILY rate for this coverage.
(12) PERSONAL PROPERTY/PARKING FINES: Whenever possible please use secured parking lots and DO NOT leave personal belongings unattended in Your rental. We are not responsible for loss of, theft or damage to any property in or on the Vehicle. Any traffic tickets obtained during Your rental period MUST be presented upon return and will be applied to Your total amount due at return. A $50.00 processing fee will also apply for this parking violation. You agree to reimburse Hawaii Lifted Jeep Rentals for all fines, penalties, interest, and court costs for parking, traffic, and other violations. You release Us, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person that We received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in Our offices, whether or not the loss or damage was caused by Our negligence or was otherwise Our responsibility. WE DO NOT TAKE RESPONSIBILITY FOR ANY BELONGINGS LEFT IN YOUR RENTALS OR IN OUR FACILITY.
(13) OFF-ROAD/UNPAVED ROAD POLICY: Please avoid driving on any unpaved roads or surfaces as You may experience tire complications, other damage to the Vehicle, and/or personal injury or death. If You must travel on unpaved roads or surfaces IT IS AT YOUR OWN RISK. We do not offer coverage for off-road use of the Vehicle, and do not provide any coverage in the following locations: Green Sands Beach & Makalawena Beach, due to adverse road conditions.
(14) FLOOD ZONE AREAS: Avoid low-lying areas that are prone to flood zone areas. These flood zone areas can potentially lead to mechanical issues and damages to the Vehicle for which You will be responsible.
(15) COMPUTATION OF DAYS: Days will be computed on a 24-hour basis. This period begins at the time written “Time Out” on the right-hand side of the Rental Agreement.
(16) REPOSSESSION: We can repossess the Vehicle at any time in our sole discretion. You agree that we do not need to notify You in advance and that we may take any actions reasonably necessary to obtain possession of the Vehicle. You waive any right to a hearing or to receive notice of legal process as a pre-condition to Our repossession of the Vehicle.
(17) CANCELATION POLICY: *Note: During the holiday season, a (1) week notice is required to cancel for a refund. You may also be subject to paying additional credit card processing fees.You may cancel Your reservation for a refund 72 hours prior to Your scheduled reservation start time. A $100 cancellation fee will be applied.
(18) CREDIT CARD AUTHORIZATION/CHARGES: The Renter agrees that the issuer of any credit card identified in connection with the rental of the Vehicle is authorized to pay the amount shown as the total rental charge upon presentation. I hereby promise to pay all charges due in connection with the rental of the Vehicle in accordance with the agreement governing the use of any credit card. You agree to pay Us, on demand for all charges due under this Rental Agreement, including, but not limited to: (a) time and mileage during the period of the rental, or a mileage charged based on Our experience if the odometer is tampered with or disconnected; (b) charges for Additional Driver(s): (c) charges for the optional products and services You elected to purchase; (d) fuel, if You return the Vehicle with less fuel than when rented or loaned; (e) applicable taxes; (f) the actual cash value of the Vehicle on the date of the loss, if the Vehicle is lost, stolen or totaled; (g) if the Vehicle is damaged, You agree to pay Us the cost of repairs if We elect to repair the Vehicle, or the difference between the value of the Vehicle at the time of rental or loan and the actual cash value of the Vehicle after it is damaged, if We elect not to repair the Vehicle; (h) Loss of Use and Our administrative fees incurred in processing a claim for loss or damage; (i) all traffic, parking and toll violations, fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against Us or the Vehicle; (j) expenses We incur in locating and recovering the Vehicle if You fail to return it or if We elect to repossess it under the terms of this Rental Agreement; (k) all costs, including pre- and post-judgment attorney fees, We incur collecting payment from You or otherwise enforcing Our rights under this Agreement; (I) a 2% per month late payment fee, or the maximum allowed by law (if less than 2%) on all amounts past due; (m) 1 1⁄2% per month interest, or the maximum allowed by law (if less than 11⁄2%) on monies due Us but not paid upon return of the Vehicle; (n) $50, plus $10/mile for every mile between Our office and the place where the Vehicle ls returned or abandoned, plus any additional recovery expenses We incur; and/or (o) $25 or the maximum permitted by law, whichever is greater if You pay Us with a check returned unpaid for any reason. We may use any deposit paid by You to pay any amounts owed to Us under this Rental Agreement.
(19) INDEMNIFICATION AND WAIVER: You shall indemnify, defend, and hold Hawaii Lifted Jeep Rentals harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorneys’ fees, and other expenses incurred by Hawaii Lifted Jeep Rentals in any manner from this rental transaction or from the use of the Vehicle by You or any person, including claims or liabilities from or to third parties. You waive any claims for incidental, special or consequential damages. You further agree that any protection provided by Hawaii Lifted Jeep Rentals shall be secondary to, and not in excess of, any applicable insurance available to You, any Additional Driver, or any other driver. We make no warranties, express implied, or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You waive all recourse against Us for any criminal reports or prosecutions that We take against You that arise out of Your breach of this Agreement.
(20) PROHIBITED USES OF VEHICLE: The following are prohibited uses of the Vehicle, and breaches of this Rental Agreement. You agree that the Vehicle shall not be used, (1) by any unauthorized driver (meaning anyone except the Renter and Additional Driver(s) listed in the Rental Agreement), (2) to carry persons for hire, (3) to tow or push anything, (4) while the driver is under the influence of alcohol or any substance that could affect vehicle operation and/or constitute driving while impaired under applicable law, (5) recklessly or overloaded, (6) for any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation, (7) for off-road use, without Our written consent, (8) in any race, speed test or contest, (9) to teach anyone to drive, (10) to transport children without approved child safety seats as required by law, (11) to drive through or under an overpass or other structure without sufficient overhead or side clearance, 12) to carry dangerous or hazardous items or illegal material, (13) when loaded beyond the Vehicle’s capacity as determined by the manufacturer of the Vehicle, (14)when it is reasonable to expect to know that further operation would damage the Vehicle, (15) when cargo is inadequately secured, or (16) where applicable, by anyone who lacks experience operating a manual transmission. You further understand that use of the Vehicle for any prohibited purpose may void any applicable insurance coverage.
(21) NO MODIFICATIONS: No term of this Rental Agreement can be waived or modified except by a writing that We have signed. If You wish to extend the rental or loan period, you must obtain written authorization from Us on or before the date due, provided that the total rental or loan period does not exceed 30 days. This Rental Agreement constitutes the entire agreement between You and Us. All prior representations and agreements between You and Us regarding this transaction, whether verbal or written, are merged into this Rental Agreement.
(22) CONTACT INFORMATION: EMERGENCY / POLICE: 911. NON-EMERGENCY POLICE: 808-935-3311. TOWING SERVICES: 808-339-8939 / 808-987-0040 / 808-494- 0477.
(23) JURISDICTION AND VENUE. In the event of any dispute over this agreement, this Rental Agreement will be interpreted by the laws of Kailua Kona, Hawaii, USA, and any lawsuit must be brought in the corresponding region of Kailua Kona, Hawaii, USA. If any portion of this Rental Agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of this Rental Agreement will still have full force and effect.
(24) MISCELLANEOUS. No waiver by Us of any breach of this Rental Agreement constitutes a waiver of any additional breach or waiver of the performance of Your obligations under this Rental Agreement. Our acceptance of payment from You or Our failure, refusal, or neglect to exercise any of Our rights under this Rental Agreement does not constitute a waiver of any other provision of this Rental Agreement. You release Us from any liability for consequential, special, or punitive damages in connection with this transaction or the reservation of a vehicle. If any provision of this Rental Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable(2) OTHER DEFINITIONS: “Collision Damage” means damage to the Vehicle caused by collision or upset. “Comprehensive Damage” means damage to, or loss of, the Vehicle caused by theft or vandalism by anyone other than You or Your passengers; damage caused by an act of nature, riot or civil disturbance, and fire; but, does not include damage caused by animals transported in the Vehicle. “Loss of Use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired times the daily rental rate shown on the reverse side of this Agreement.
