Definitions
1.1 The "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" include 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
1.5 The renter hereby rent the vehicle from the owner on the
terms of the agreement.
1.6 Renter 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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