Terms
and Conditions of motorbike 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 :
1.2All around Thailand, two wheels vehicle are only insured
as "Third part insurance". In case of accident the hirer agree to be liable to
all claims in the event of any accident incurred during the use of the vehicle.
1.3The 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 the agreement.
1.4the renter agree to present a current(full or
non-probationary)driver's license to the owner prior to each rental from the owner.
1.5the renter agrees to advise each additional driver of the terms
and conditions of this agreement.
Rental process :
1.6Vehicle rental at time of rental, renter will be met at a
designed area and escorted to the vehicle where 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 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 and fuel charges.
Use restriction :
1.7The vehicle will not operated by anyone;
- a)who allow more than two passengers, including driver on the
vehicle to comply with safety-restrain law ;
- b)outside the kingdom of Thailand ;
- c)who leaves the vehicle and fails to remove the keys, close the
locker trunk, or otherwise aids in vandalism or theft of the vehicle.
- d)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 or drive regularly out of maintained and
paved roadways.
- e)to engage in any speed contest, stunt or related training
activities, to carry 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
- f)if the vehicle is obtained upon the basis of false or misleading
information.
- g)who, as a result of reckless misconduct, damages the vehicle or
cause personal injury or property damage to others.
- h)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.
- j)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 :
1.8Renter is responsible for all loss of and damage to 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 :
1.9renter 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 loss and damage section(paragraph
1.8),this renter's indemnification of owner section (paragraph 1.9). 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 :
2.0authorized drivers will promptly complete incident report,
including appropriate police accident report, 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 authorize driver (this obligation to cooperate does not create a duty of
defense by owner).
Traffic law violations :
2.1renter 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.
Repairs and alterations :
2.2 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 :
2.3if 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. |