Go Car Investments Inc.,herein referred to as the “Owner”, herebyagrees to hire to the “Hirer”. The Hirer, on his own behalf as well as on that of the additional drivers(s), herein referred to as “Any Authorised Drivers(s)”, hereby agrees to take the selected vehicle type, herein referred to as the “Vehicle”, subject to the terms and conditions of this Agreement as below.
TERMS AND CONDITIONSOF HIRE
GENERAL. This is an agreement between Go Car Investments Inc. and the Hirer. The “Hirer” means any person, by or on behalfof whom this Agreement is signed.“Any Authorised Driver”refers to any driver additional to the Hirer that has duly read and signed this Agreement and is hereby subjectto the terms and conditions of this Agreement in the same capacity of the Hirer. The Hirer and Any Authorised Driver(s) must have held a valid driver’s licensefor at least 2 years,be over 25 years of age and over 80 years of age and have had no motor vehicle accidents in the past 3 years, for which (s)he was responsible, at the date of hire. A Hirer and/or Any Authorised Driver(s) over 70 years of age must produce a valid doctor’s certificate, dated within 3 months of the date of hire. The Hirer hereby ensures that Any Authorised Drivers(s) will comply with the terms and conditions of this Agreement. Where the Hirer is a Company, “Any Authorised Driver(s)” refers to any Officer of Employee of the company who by driving the Vehicle, is hereby subject to the terms and conditions of this Agreement in the same capacity as the Hirer (Company). The Hirer is strictly prohibited from transferring his/her obligations under this Agreement.
RETURN OF VEHICLE. The Owner must be informed of any change of address of the Hirer during the period of hire in writing. The Hirer will return the Vehicle with all tyres, tools, and accessories in the same conditions as they were received, ordinarywear and tear expected, to the location and on the stipulateddate as declared on the overleaf of this Agreement.THE HIRER AND/OR ANY AUTHORISED DRIVER(S) MUST KEEP THE VEHICLE PROPERLY SECURED AT ALL TIMES. Where the Vehicle is returned with an offensive odour, (e.g. smoke) or excessive debris on the interior, or is unreasonably unclean on the exterior, those bound by this Agreement may be charged up to a maximumof BBD $400 (approx. US$200) for the cost of a professional valetservice. The Hirer or Any Authorised Driver(s) is hereby liable to pay the total fees calculated by the Owner upon returnof the Vehicle. These fees and chargeswill be evidenced in the form of relevant quotes(s) provided by the Owner. In the event that the Vehicle is returned with less fuel than provided at the date of hire and no fuel option was purchased, the Hirer will be chargedfor the full amount of replacement fuel and a refueling cost at a multiple of 2.5x the cost of the fuel to return the Vehicleto the same amount of fuel with which it was provided.There will, underno circumstances, be refunds on fuel. Where the Vehicleis returned beyondthe stipulated date of this Agreement, an hourly fee of US $15 will be charged.Where the Hirer returns the Vehicle before the stipulated date of this agreement, a new rental period (beforeadd-ons and taxes) will be re-calculated by dividing the reserved initial weekly rate by 4, and multiplying it by the actual amount of days for which the Vehicle was rented.This newly calculated rate is the amount that the Hirer will be charged.
PROPERTY LEFT IN VEH ICLE.The Hirer will take reasonable precautions to secure any property left in the Vehicle during the period of hire (which includes but isnot limited to, removing the keys from and locking the Vehicle if left unattended). The Owner will not, under any circumstances, be liable for any loss or damage to propertyleft or placed by the Hirer or any other person in or on the Vehicle,or on the premises of the Owner either before, during or after the term of rental.
INSURANCE AND EXCESS WAIVERS(FOR LOSS/ DAMAGE).By accepting the terms and conditions of this Agreement, the Hirer hereby agrees to pay the full deductible associated with the relevant ExcessWaiver chosen, whetherthis be the Collision DamageWaiver (CDW-TPD) BBD $30/Day, approx.US $15/Day, (Deductible of BBD $3,500,approx. US $1,750), PremiumProtection (CDW-TP) BBD $60/Day, approx.US $30/Day (Zero Deductible) or either of the Post-Counter Insurance Selections (PremiumProtection (CDW-TP):BBD $60/ Day, approx.US
$30 or the Loss Damage Waiver: BBD $30/ Day, approx. US $15/ Day). Should the Hirer elect one of these Excess Waiver options, (s)he will be responsible forthe maximum insurance deductible associated with the respective Excess Waiver, given that the Hirer for himself and on behalf of Any Authorized Driver(s) agrees to comply with and be bound by the terms of the InsurancePolicy, which are hereby incorporated by reference into this Agreement, and all other terms of this Agreement. Should the Hirer purchase one of the Excess Waivers,(s)he will providethe Owner with the authorization in this Agreement overleaf, permitting the Owner to charge the Hirer's credit card up to and including the maximum insurancedeductible associated with the Excess Waiver purchased. Alternatively, the Hirer may also provide a cash deposit of the maximum insurancedeductible associated with the Excess Waiver purchased, with said deposit being refunded in full at the end of the agreed rental period, provided that the Vehicle has not been damaged or lost. It must be noted that the Premium Protection(CDW-TP) covers ALL damages incurredto the vehicle. However, the Collision Damage Waiver does not cover the followingdamages to the Vehicle: brokenglass or any interior damage including but not limited to cigarette burns, rips or stains to the upholstery or carpet, missingitems such as floor mats, spare tyres, jacks, radio, lost keys, etc and dead batteries. In addition, the Collision Damage Waiver does not cover any damageto tyres and/or rims. As such, the Hirer for himself and on behalf of Any Authorised Driver(s) hereby accepts full responsibility for the paymentof the aforementioned damages/loss exemptedfrom the Collision Damage Waiver.
In the event that the Hirer elects not to purchase any of the Excess Waivers as outlined above, (s)he hereby accepts full responsibility for all associated costs of resulting damages to theVehicle and loss (including theft and loss of keys), injury and/or damage occasioned by the use of the Vehicle (including injury to passengers), and full damages and/or loss to any third parties involved.The Hirer, in not purchasing an Excess Waiveroption, also herebyaccepts full responsibility for the paymentof up to and including the maximum valueof the elected vehicle type, as outlinedin TABLE 1 of this Agreement overleaf. Should the Hirer elect not to purchase an Excess Waiver,(s)he will providethe Owner with authorisation in the Agreement overleaf, permitting the Owner to chargethe Hirer's creditcard up to and including the full amountof all damages and all third party liability in the event of an accident, damageto or loss of the Vehicle. Should the Hirer elect not to purchase an Excess Waiver, s(he) is responsible for initiating any claims with the relevant Credit Card or personal insurance companies after FULL paymenthas been made to Go Car Investments Inc for any damages incurred.Should the Hirer elect not to purchasean Excess Waiver, where (s)he does not have appropriate Insurance Coverage, (s)he hereby agrees to accept full personal responsibility for all associated costs, including third party liability costs, in the event of an accident, damage to or loss of the Vehicle.
Should the Hirer elect not to purchasean Excess Waiver, and in the event of an accident, damageto or loss of the Vehicle by the Hirer or Any Authorised Driver(s), Go Car Investments Inc. reserves the right to proceed with legal action against the Hirer or Any Authorised Driver(s) in accordance with the governing laws of Barbados.
In the event that the Hirer or Any Authorised Drivers damages the Vehicle, (s)he hereby agrees for himself and on behalf of said Driver(s) to duly complete and sign a Vehicle Damage Inspection Form provided by Go Car Investments Inc. Where this has not been duly completed and signed where applicable, this will constitute a Breach of Agreement, thereby imposing personal liabilityon the responsible party/parties for all associated costs arising from the conclusions of the VehicleDamage Inspection Form, where no Excess Waiverhas been purchased. In the event that a key is damaged/lost, replacements will be BBD $1000 (approx. USD $500) plus vehicle transportcost. Ordinary wear and tear will not qualify as damage to the Vehicle.
EXTENSIONS. In event that the Hirer and/or Any Authorised Driver(s) elects to extend this Agreement beyond the rental date stipulated in this document, and Go Car Investments Inc. hasexplicitly consented to this extension period, the Hirer and any Authorised Driver(s) hereby agrees(s) to be subject to the outlined terms and conditions of this Agreement for the agreed Extension Period and the hirer and any other Authorised Driver(s) here by agrees to pay the extension amount with the credit card listed on file.
ACCIDENTS AND/OR DAMAGE(S) TO VEHICLE. It is a requirement of the Insurance Policy and of the Agreement that every accident involving any level of damage to the Vehicle be reportedimmediately to the Owner, and a providedAccident Form completed within 24 hoursof the accident taking place.The Hirer or Any Authorised Driver(s) will: (i) Obtain the full names,addresses, license plate number, InsuranceCompany name, insurance policy type from any other person involvedin the accident as well as full names and brief testimonies from witnesses, where possible; (ii) contact the Royal BarbadosPolice Force and not leave the scene of the accident until afull report is made to a memberof the Royal Barbados PoliceForce; (iii) Make no admissionof liability; (iv) Deliver to the Ownerall summons, writs and documents produced; (v) Not aid or abet any claimant but cooperate fully with the Owner and the associated Insurance Company in the investigation and defence of any claim. The Owner reserves the right to hold an authorisation amount of BBD $4000 (approx. US $2000) for the damages to the Vehicle on the Hirer’sregistered credit card for the duration of the rental.Once the Vehiclehas been returnedwithout damages, this hold will be released. In the event that the Vehicle is damaged during the Rental Period (including the Extension Period where applicable), wherein one of the Excess Waiver options was purchased, the Owner reserves the right to increase and retain the authorisation hold up to and including the maximum deductible associated with the Excess Waiver.In the event that the Vehicle is damaged duringthe Rental Period(including the Extension Period where applicable), wherein no Excess Waiver was purchased, the Owner reserves the right to increase and retain the authorisation hold to the relevant, full cost of damages to that Vehicle type, as outlined in TABLE 1 of this Agreement, as well as any associated third-party damages. There will be no refunds to the Hirer and/or Any Authorised Driver(s) on the loss of Rental Period owing to an accident, damageor loss of the Vehicle caused by the Hirer ofAny Authorised Driver(s).
In the event of damage or loss of the Vehicle, where the responsibility of parties is contentious and must be resolved by the Courts of Barbados, the Hirer hereby agrees to pay in full all consequent and associated Vehicle damage(s) or loss costs,as well as legal, administrative, recovery, repossession fees or other relevant fees and penalties.
PROHIBITED USE OF VEHICLE.The Vehicle must not be driven by: (1) Any person other than the Hirer or Any Authorised Driver(s); (ii) Any person who has given a fictitious or false name, age and/oraddress; (iii) Any personwho is under the influence of alcohol, barbiturates, any illegal drug or narcoticor who has abused a prescription drug and/or othercontrolled substance;
(iv) Any person taking prescription drugs or controlled substances that may adversely affect the ability to drive; (v) Any person while using a hand-held communication device or any other device that would result in distraction or deviation from the reasonable driving capacity of a person. The Vehicle must not be used for: (i) The carriage of passengers and/or property for hire or reward; (ii) For any Illegal Purpose; (iii) To propel or tow any other Vehicle or Trailer; (iv) For racing, pacemaking, reliability trial, speed testing or driving tuition; (v) In violation of any Act,Order or Regulationaffecting the use, loading or condition of the Vehicle, in accordance with the governing laws of Barbados.
BREACH OF AGREEMENT. Any breach of the aforementioned terms and conditions by the Hirer and/or Any Authorised Driver(s) will constitute a “Breach of Agreement” and will result in him/herlosing the benefit of the InsurancePolicy/Excess Waiver where purchased and relevant. The Hirer or Any Authorised Driver(s) will indemnify the Owner for all loss(es)and/or damages to the Vehicle or otherwise suffered by the Owner as a result of any such Breach of Agreement. Where any terms of the Agreement are breached, the Owner reserves the right to terminate the Rental Periodwith immediate effect.Where the Owner has reasonable cause to believe that the Vehiclehas been abused, the Owner reservesthe right to terminate this Agreement with immediate effect. At no time should there be any luggage, surfboards or any other unauthorised device affixed to the roof of the Vehicle on the interioror exterior. The relevant, legal Vehicle capacity, dependingon the seating capacity of the Vehicle type selected (4/5/6/7) must not be exceeded. The Vehicle must not be used as an “OffroadVehicle”.
BREAKDOWNSAND REPAIRS. The Hirerwill immediately informthe Owner of any damage(s) or fault to the Vehicle and will not use the Vehiclewhile it is in an unroadworthy condition or potentially liable to cause damage to any other Vehicle, person or property. The Owner accepts no responsibility for delays in the relevant vehicle parts in consequence of breakdowns or other relevant circumstances. In the event of damage(s) occurring during the Rental Period, the Owner reserves the right to charge the Hirer’s credit card for “Loss of Use”, as a means of covering rentalincome that would be lost while the Vehicle undergoes necessary repairs. The Loss of Use Rate is calculated on the CurrentDaily Rate of the Vehicleand is subject to 17.5% Value Added Tax. Go Car Investments Inc. also reserves the right to charge the Hirer’s credit card a 25% Administrative Claim Fee that will be added onto the Total Repair Cost of the Vehicle.
ANY AUTHORISED DRIVER(S). There is an Additional Driver’s Fee of BBD $10 (approx. US $5) + 17.5% VAT per day.
FINES AND EXPENSES. The Hirer or Any Authorised Driver(s) accept(s) full responsibility for all traffic offences or violations of parking regulations involving the Vehicle during the Rental Period (including the Extension Period where applicable), inclusive of all fines and penalties. There will also be a 25% Administrative Claim Fee retained by the Owner on all trafficoffence/violation costs involved.
GOVERNING LAW. This Agreement and all mattersarising from it will be governed and construed in accordance with the laws of Barbados.The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Barbados.
SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, in whole or in part, the provision will apply with the minimum modifications to make it legal,valid and enforceable and any such illegality invalidity or unenforceability will not invalidate or render invalid or unenforceable the remainder of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the Whole Agreementbetween the parties in respect of the subject matter of the Agreement and supersedes and replaces any prior writtenor oral agreements, representations, and understandings betweenthem.
 |