NORTH SHORE MAUI RENT A CAR RENTAL AGREEMENT

PARTIES TO THIS AGREEMENT:

This Car Rental Agreement ("Agreement") is entered into between:

The Company: [North Shore Maui Rent-a-Car LLC]

And

The Renter: [Name of the Renter and (if applicable) any authorized driver(s)]

PROHIBITED USE OF THE 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 rental company's PERMISSION:

(a)        By anyone without first obtaining rental company's written consent;

(b)      By anyone under age 21.

(c)        By anyone who is not a qualified and licensed driver.

(d)      By anyone whose driver's license in any state has been revoked or suspended within the previous 3 years, even if he or she now possesses a valid driver's license.

(e)      To carry persons or property for hire.

(f)         To propel or tow any vehicle, trailer or other object.

(g)       In any race, test or contest.

(h)       For any illegal purpose or commission of a crime.

(i)        To instruct an unlicensed person in operation of vehicle.

(j)        If vehicle is obtained from rental company by fraud or misrepresentation.

(k)       To carry persons other than in passenger compartment of vehicle.

(l)        Loading vehicle beyond its rated capacity.

(m)     While under the influence of alcohol or other intoxicants like drugs or narcotics or under any other physical or mental impairment which adversely affects driver's ability to operate the vehicle.

(n)      Intentionally causing damage to or loss of the vehicle.

(o)      On other than a paved road or graded private road or driveway.

(p)  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 ANY CDW AGREEMENT, ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW), MAKES VEHICLE SUBJECT TO IMMEDIATE RECOVERY BY RENTAL COMPANY, AND MAKES RENTER RESPONSIBLE DESPITE PURCHASE OF CDW 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.

VEHICLE RETURN: Never drop off your vehicle without prior arrangement and authorization. It is very important that you contact North Shore Maui Rent-a-Car before your drop off date to make arrangements. Please avoid unauthorized airport drop off fee of $250! It is very important that we know the exact time of your departure and drop off. If the car is left at the airport or any other location without authorization you could be held liable for the full value of the car. Never leave the car unlocked. There is a 1 hour grace period on return of vehicle. After that, you will be charged an extra day’s rental at the full daily price.

CLEANING: Car to be returned clean and ready to rent. If returned dirty a cleaning fee of $50 - $250  cleaning fee will be assessed, dependent on level of cleaning required.

FUEL: Car will bee delivered full and should be returned full. If car is not returned full, you will be charged the cost of filling the tank plus a $25 administration fee.

NO SMOKING IN ANY OF OUR VEHICLES: If your vehicle is found to have smoke odor or ash residue, a $250 cleaning fee will be assessed.

FLAT TIRES: caused by road hazards are the renter’s responsibility. Repairs to flat tires caused by road hazards or replacement tires if no repair is possible will be charged to the renter’s credit card.

FLAT BATTERIES: caused by lights being left on are the renters responsibility. There will be an admin charged assessed for help in these cases unless roadside assistance has been purchased with rental agreement.

BASIC MAINTENANCE: Renter is responsible to maintain oil and water levels in vehicle engine. If engine fails due to non-maintenance of vehicle fluid levels the renter will be liable for repairs (applies only to rentals over 30 days) (maximum $1,000).

MECHANICAL FAILURE: If vehicle overheats, renter must immediately turn it off and contact North Shore Maui Rent a Car. Failure to do so will make customer fully liable for repair costs.

PARKING AND TRAFFIC VIOLATIONS: are the renter’s responsibility. We encourage you to pay any fines immediately. If you default, we will pay the ticket and you will be charged the full value of the fine plus $50 handling charge.

PROHIBITED ROADS: Vehicle is not to be operated on Highway 31 from Hana to Ulupalakua (unpaved road). If car breaks down, is stranded or requires towing on that part of the highway, renter assumes full responsibility for all towing and repair costs. This is also true for all unpaved roads and trails including “The Kings Trail” and the road to “Jaws”. This includes 4x4 vehicles.

SAFE DRIVING DOWN HALEAKALA: Renter is Responsible to use low gear while driving down Haleakala. It is very important that renter understands the need to drive safely while going downhill. Instead of using your brakes to slow your vehicle down on a steep grade, use what is known as “engine braking” using 1st or 2nd gear (Low Gear) and avoid damaging or overheating the vehicle brakes. Renter is responsible for break damages and towing expenses in Haleakala area. Make sure you use Low gear and brakes judiciously.

LOST KEY/KEYS LOCKED IN CAR: If Renter has not purchased Roadside Assistance, assistance is available for the following fees:

Paia/Kahului: $120

Haiku/Kihei/Wailuku/Makawao:$160

Wailaea/Lahaina/Hana/Kapalua/Napili: $200.

Outside normal working hours cost is 1.5x extra. Lost electronic keys cost $250 to replace. Smart Keys $350.

BROKEN GLASS: unless caused by an accident with another vehicle at fault, is the responsibility of the renter.

PAYMENT & CANCELLATION: $150 Advanced Payment is taken at time of reservation. Final payment will be charged to renter’s card after vehicle has been returned and we have inspected its condition. Cancellations are permitted up to 72 hours before reservation begins. After that, the following cancellation fees will be assessed:

No notice: $250 cancellation fee.

Less than 72 hrs Notice: $150 cancelation fee.

Once rental begins, no refunds will be made, except for repeated mechanical failure.

RENTAL CHARGES: Renter will pay for the length of time that vehicle is rented at the rate indicated on the rental document. Daily charges apply to consecutive 24 hours periods starting at the hour and minute the rental begins. Renter will pay all rental charges, taxes and surcharges. Overtime will incur extra charges.

DAMAGE OR LOSS OF VEHICLE:

a.    Renter understands and agrees that by entering into this agreement, they are responsible and liable for the vehicle. In the event of damage to or loss of the vehicle, renter will owe for all loss or damage regardless of fault (unless the renters liability for ordinary negligence is prohibited by law) whether due to theft, collision, vandalism or any other cause.

b.    If the vehicle is stolen or damaged, renter will pay its retail fair market value before theft or damage less salvage unless North Shore Maui Rent-a-Car’s repair cost plus the diminution of the car value after repairs is less and you are not required by law to salvage the car, in which case I will pay the latter amount.

c.    Renter will also pay loss of use based on reasonable downtime or as specified by law, plus any towing and storage charges, all of which are also part of the loss.

d.   Renter is responsible of the loss if they or an additional driver, authorized or not: (1) abuse the car or violate prohibited use or operation; (2) drive recklessly or while under the influence of alcohol or controlled substance; (3) fail to promptly report an accident to police and North Shore Maui Rent-a-Car; (4) fail to complete an accident report; (5) obtained the car through fraud or misrepresentation; and (6) use the car for an illegal purpose.

e.    If Renter’s responsibility for the loss or damage is covered by their own insurance or credit card issuer, renter agrees to identify insurance issuer and policy number or card issuer and its insurer,. Renter authorizes Company to collect the loss from a third party responsible for the car.

INSURANCE: All vehicles come with 3rd party liability insurance up to the minimum requirements for Hawaii law as standard, there is no extra insurance charge on arrival. US customers agree to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a.Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured / underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because US customers are providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide 3rd party insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only and is secondary to any other valid and collectable insurance whether it is primary, secondary, excess, or contingent. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Customer must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, customer rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage. Any Insurance claims are subject to an excess of up to $2,000, with or without CDW.


PHYSICAL DAMAGE WAIVER: Optional Physical Damage Waiver is available on checkout. This is not an insurance policy, but a waiver of financial responsibility in the event of accidental damage to our vehicle. This waiver will be in addition to the 3rd party insurance already included with all rentals and will cover any accidental damage to the car while you or an authorized driver is behind the wheel, or while the car is parked or involved in a hit and run accident.

We offer 2 options of PDW:

a.    $25 per day with a $1,000 excess due in the event of an accident.

b.   $35 per day with $500 excess due in the event of an accident.

Your personal auto insurance may include comprehensive and collision rental car insurance. Please review your policy to confirm whether you already have coverage and the amount of the deductible.

This PDW covers damage to our vehicle but not another vehicle or other property in an accident in which you are found to be at fault.

Flat tires and roadside assistance are not covered by PDW.

FINES AND EXPENSES: You pay all fines, court costs and recovery expenses for parking, traffic and other violations, including towing, storage, liens and charges, including a reasonable administrative fee for any violation occurring during my rental of the car.

DEBIT CARDS: Renters that use Debit Cards in the rental agreement will have an automatic security deposit $500 placed on their card.

This contract is subject to final audit and charges by the Company. Only persons listed on the agreement or otherwise authorized by law and above the age of twenty-one (21) may drive this vehicle. You are responsible for all collision damage to the vehicle even if someone else causes it or the cause is unknown. You are responsible for the cost of repair up to the total value of the vehicle. You must return the vehicle to your agreed upon return location on or before the indicated due back time. There will be additional fees if the vehicle is not returned as specified. Where permitted by law, you authorize us to process a credit card voucher (if applicable) in your name for all charges, including the full vehicle value of any vehicle not returned to us, all fines, towing expenses, court costs, penalties, forfeitures or administrative fees that we incur for parking, traffic and other violations incurred by you during the rental period and to apply payments towards the charges in whatever order we deem necessary. Your receipt of this vehicle under these terms is considered a signature made on the applicable credit card voucher. Renter understands that renter’s car insurance and other applicable insurance coverage shall be primary, and subject to Hawaii law, North Shore Maui Rent a Car LLC, liability insurance is secondary. These terms and conditions, the rental agreement acknowledged as read by me, and a return record with computed charges, together constitute the rental agreement between myself and North Shore Maui Rent-a-Car LLC. I rent from you, the car described in this rental document and I agree to the terms below, provided any such terms is not prohibited by Hawaii state law, in which case such law controls. “I”, “me” and “my” refer to the person who signs this agreement. “You” and “your” refer to North Shore Maui Rent-a-Car LLC. Any changes in this agreement must be in writing and signed by both parties. 12). When I’ll return the car. I’ll return the car on the date noted on the rental agreement. I’ll return it sooner on your demand.

BY COLLECTING OUR CAR AND BEGINNING YOUR RENTAL, YOU ARE AGREEING TO ALL OF OUR TERMS AND CONDITIONS.