"Agreement" means all terms and conditions found on both sides of this form. "You" or "your" means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the business named on the reverse side of this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver's license, is at least age 25, and is able to drive a manual transmission car proficiently. Only Authorized Drivers may operate the Vehicle. "Vehicle" means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. "Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate.
2. Rental, Indemnity and Warranties.
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. 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.
3. Condition and Return of Vehicle.
You must return the Vehicle to our rental office on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Damage or Loss; Reporting to Police.
You are responsible for all loss or theft of, or damage to, the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or‘ if we elect not to repair the vehicle, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Breach of Agreement
The acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation ; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (9) occurs while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (h) occurs outside the geographic limitations indicated on the contract including but not limited to 1) unpaved or unimproved roads (including gravel, dirt, fields, etc.); 2) the “back road to Hana” between the Seven Sacred Pools/Oheo Gulch and Ulupalakua; ***Currently the road to Waianapanapa State Park has severe potholes and our Speedsters are not permitted to drive there***; 3) between the Nakalele Blow Hole and the Turnbull Gallery (Highways 340/30) in West Maui (Kahakuloa area); 4) past the Ali’i Kula Lavender Farm on Waipoli Road in Upcountry Maui; 5) on Crater Road (to the summit of Haleakala); 6) through the lava fields to La Perouse Bay (South Maui past Makena); (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (l) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been , tampered with or disconnected; (n) occurs when the vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle; (0) results from inadequately secured cargo; (p) where applicable, is caused by anyone who lacks experience operating a manual transmission; (q) is a result of your willful, wanton or reckless act; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle. 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.
You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law requires us to provide auto liability insurance, we provide auto liability insurance (the ‘‘Policy’’) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no—fault and uninsured and under—insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
You will pay us, or the appropriate government authorities, on demand all" charges due us under this Agreement, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (cl) fuel, if‘ you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle assessed against us or the vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) 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 amount allowed by law (if less than 2%) on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented.
We may use your deposit to pay any amounts owed to us under this Agreement. This deposit may also be used to cover the $250 deductible (should any damage to the car occur) for the Renter's Collision Policy that is filed when you rent our vehicle.
9. Your Property.
You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) 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.
No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. if any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. US Choice Basic Version 031005
12. Refund Policy
Should the car not function properly it may be immediately returned for another vehicle or one will be delivered, subject to availability. If a car is not available we will refund the entire payment in the form that it was received.
13. Cancellation Policy
Maui Roadsters requires at least 72 hours written notice for a full refund minus a 5% administration fee for rentals up to 12 hours. Cancellations within 72 hours of your reservation are non-refundable. No refund will be given if the Vehicle is returned early or if the driver is not able to meet our requirements at the time of rental (ex. drive a manual transmission car proficiently, provide a valid driver's license or proof of insurance, etc).
Multiple car rentals (two or more Vehicles) or special arrangements (overnight rentals, early start or late return, delivery/pick up outside South Maui, etc.) require one week's cancellation notice and will incur a 20% cancellation fee. Cancellations less than one week prior to the reservation start time are non-refundable.
For a rental of three or more days we require a 50% deposit at the time of booking with the balance due 30 days prior to the rental start date. The deposit is non-refundable if cancelled within 30 days of the rental start date and the full amount is non-refundable if cancelled within one week of the rental start date. Cancellations outside the 30 day period will be refunded the rental amount minus a 20% administration fee.
14. Late Returns/Refueling
Late returns will be charged $50 per hour. Vehicles returned without a full tank of gas will be charged $20 plus the cost of gas.
15. Company Policy
It is our goal that all our customers have an exceptional experience. At Maui Roadsters we are interested in your satisfaction and it is the way we conduct our business. Please feel free at any time to call an owner and discuss any issues at 808-339-6204.