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Terms and Conditions of car
rental Agreement
Definitions :
1.1The "rental period" means the period commencing with
the time of the rental and ending either when the vehicle is returned
as specified (whether by the renter or not). Or when the owner receives
proper confirmation of theft or destruction of the vehicle, "damages"
includes loss of and damage to the vehicle, its tires, tools and accessories
and any costs incurred by the owner in connection with the loss or
damage.
Third party damage" means all loss of or damage to third party
property and any costs incurred by the owner in connection with such
loss or damage.
General :
1.2 The renter agrees to present a current(full or non-probationary)driver's
license to the owner prior to each rental from the owner.
1.3 The renter agrees to advise each additional driver of the terms
and conditions of this agreement.
1.4 The renter agrees to indemnify the owner for all liabilities
incurred by either the renter or additional driver during each rental
period throughout the term of this agreement.
Rent of vehicle :
1.5The renter hereby rent the vehicle from the owner on the terms
of the agreement.
1.6Renter represents that all information on the signed enrollment
form is true and complete. In the event it is not , the owner reserves
the right to terminate this agreement immediately without notice.
Rental process :
1.7 Vehicle rental at time of rental, renter will either be met
at a designed airport arrival area and escorted to the vehicle where
renter will show valid renter's license then, renter will be delivered
a designed vehicle. At the end of the rental, the renter will return
the vehicle intact to the owner return location specified in the
reservation, unless otherwise agreed to by the owner. Renter will
be responsible for all applicable kilometer rates and time, charges
items selected on renter's signed enrollment form, miscellaneous
services, taxes, airport concession fees, fuel charges, and mandatory
surcharges in effect at time of rental.
use restrictions :
1.8 The vehicle will not be operated by anyone:
a)who allow more passengers to occupy the vehicle than are seats
belts or who does not require all occupants to comply with applicable
seatbelt and child-restraint laws ;
b)outside the kingdom of Thailand ;
c)off regularly maintained and paved roadways ;
d)who leaves the vehicle and fails to remove the keys, close and
lock all doors and close all windows and the trunk, or otherwise
aids in vandalism or theft of the vehicle.
e)when continued operation of a damaged vehicle cause further damage
to the vehicle(such as driving on a flat tire or after the engine
or oil lights go on.); to carry hazardous or explosive substances.
f)to engage in any speed contest, stunt or related training activities,
to carry people or property for hire, to push anything; to tow anything;
who improperly fuels the vehicle; who improperly load the vehicle
or transport weight exceeding the vehicle's maximum capacity.
g)If the vehicle is obtained upon the basis of false or misleading
information.
h)who, as a result of reckless misconduct, damages the vehicle
or cause personal injury or property damage to others.
i)during the commission of felony or a criminal offense or for
transportation of illegal drug or contraband.
j)while intoxicated or under the influence of any substance that
impairs driving ability.
k)while driving ability is impaired, including by medical conditions,
drowsiness or fatigue, or who refuse to perform any test of impairment
when lawfully requested to do so as evidence of such impairment.
Vehicle loss and damage :
1.9 Renter is responsible for all loss of and damageto the vehicle
regardless of fault (including but not limited to any loss
or damage caused by collision, accident, theft, vandalism, fine,
acts of god, or others events)and any reduction in the retail value
of the vehicle that remains after repair, actual towing, storage,
impound and all others related expenses, plus renter's loss of use
and an administrative charge for expenses associated with processing
the loss and damage claim. If there is no violation of a use restriction(paragraph"use
restriction").
Renter's indemnification of owner :
2.0 renter will indemnify and hold owner harmless from all liability,costs
and expenses(including attorneys fees) for all claims which are
excluded from or in excess, of the protection provided to authorized
drivers by owner as described in contract, and for all claims by
or against owner resulting from renter's failure to comply with
all terms and conditions of this agreement. If owner brings a claim
or action against renter for recovery of amounts specified in the
vehicle loss and damage section (paragraph 1.9), this renter's indemnification
of owner section (paragraph 2.0).Renter agrees to reimburse owner
for its costs and expenses (including reasonable attorneys fees,
litigation costs and expenses) incurred in the claim or action.
Investigations :
2.1 authorized drivers will promptly complete incident report,
including appropriate police accident reports, and deliver to owner
a copy of all related documents. Authorized drivers will also fully
cooperate with owner's investigation of any vandalism, theft, accident,
claim or lawsuit involving the vehicle and with owner's defense
of any authorized driver(this obligation to cooperate does not create
a duty of defense by owner).
Traffic law violations :
2.2 renter will pay all fines and penalties for traffic law violations
that occur during the rental(including parking violations), and
an administrative charge to owner for responding to authorities
concerning such violations. Owner may give information about the
vehicle rental to those authorities.
Repairs and alterations :
2.3 renter will not permit any repair to the vehicle, or the replacement
of any part on the vehicle, without consent of owner. Renter will
not tamper with the vehicle's odometer or speedometer or otherwise
alter the vehicle, renter will pay for all unauthorized repairs
and replacement parts, as well as the cost of restoring any unauthorized
alterations.
Failure to return vehicle :
2.4 if the vehicle is not returned when due or within 24h after
written or oral demand by owner. Renter will be in unlawful possession
of the vehicle, and owner may seek the insurance of a warrant for
the arrest of anyone in possession of the vehicle(including renter).
Any overtime will be charged to the renter per hour, at 10% of the
daily basis renting rates.
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