ESTEEM CAR RENTAL LIMITED

 RENTAL AGREEMENT

Owner hereby rent Vehicle to Renter subject to all the terms and conditions of this Agreement, in consideration whereof Renter acknowledges and agrees.

1. This agreement consists of all the terms and conditions on this page on the reverse side hereof whether printed or written. “Renter” means the person(s) signing the Agreement and any other person or organisation to which charges are billed by Owner at the direction of the person signing, all of whom shall be jointly and severally liable hereunder. “Vehicle” means the automobile identified in this Agreement, and all tyres, tools, accessories and equipment attached thereto or contained therein.
2. Vehicle is the property of the Owner. This is an agreement of rental only. It is expressly agreed that Renter is not Owner’s agent, servant or employee for any purpose, condition, or circumstance for, or in which the vehicle is involved while being operated by Renter.
3. Renter shall return Vehicle to Owner in the same condition received, except for ordinary wear, at the location where rented or other rental office if designated in this Agreement, on the return date specified in this Agreement or sooner if demanded by Owner. Renter is liable for the full value of vehicle and other charges that may become due for any neglect or carelessness on his part in handing Vehicle over to anyone other than the Owner. Owner reserves the right to repossess Vehicle at any time, on demand, at renter’s expense if Vehicle is used in violation of law, or is apparently abandoned. In the event of loss or damage to Vehicle while on rental, whether or not it is the fault of Renter, Renter shall pay to Owner on demand the amount of all resulting loss and expenses of Owner. Security deposit will be assessed at the office.

4. Renter shall pay Owner on demand the sum total of all expenses for:

   (a) Time and mileage charges computed at the rates shown in this Agreement (Our rental rates include unlimited mileage)

   (b) If the rate does not include gasoline and Vehicle is returned with less gasoline than when rented, an additional rental charge to compensate Owner for refuelling service, measured by the amount of such deficiency.

   (c) Basic minimum service, collision damages waiver and other charges where applicable to the rental;

   (d) Applicable sales used and other excise taxes, and amounts charged by Owner as reimbursement of taxes paid;

   (e) Owner’s cost, including Attorney’s fees, incurred in collecting payments due from Renter under this agreement;

   (t) Fines, penalties, forfeitures, court costs and other expenses, if assessed against Owner compulsion of law, with respect to use of Vehicle while on rental to Renter, unless due to Owner’s fault; but this shall not relieve Renter or any other person of direct
   responsibility to any federal, state, or municipal body for his unlawful conduct.

   (g) Service and wrecking charges in the event of an accident is Renter’s fault.

   (h) Spares, tools and accessories missing from vehicle, however loss or damaged.

   (i) . Damage to Vehicle or property if Vehicle is not driven by Renter and is involved in any accident or upset of any sort.

   (j) Damage to Vehicle or property if Rental period has expired and vehicle is not returned. All charges are subject to final audit.

5. Renter releases and holds Owner, its agent and employees, harmless from all claims for loss or damage to personal property of Renter or any other person, left or carried in or upon Vehicle or any Service Vehicle on premises of Owner by Renter, or such persons; or received, handled or stored by Owner, at anytime before, during or after this rental, whether or not same is due to Owner’s negligence or other fault.
6. Vehicle shall NOT be used:

   (a) To carry persons or property for hire;

   (b) To propel or tow any vehicle, trailer or other object;

   (c) In any race, test or contest.

7. If Vehicle is obtained from Owner by fraud or misrepresentation, or is obtained or used in furtherance of an illegal purpose, all use of Vehicle is WITHOUT OWNER’S PERMISSION.
8. Owner provides coverage for persons using Vehicle with the permission of Owner (and not otherwise) in accordance with the standard provisions of a Third Party Insurance Policy under a policy of insurance. A specimen copy of a Third Party Insurance Policy is available for inspection at the main office of Owner on request. Permission to use Vehicle is expressly limited by Owner as provided in Paragraph 6 and on reverse side hereof. Owner warrants that to the extent permitted by law, the coverage described in this Paragraph 7 is primarily with respect to any other insurance available to Renter or other Authorized Operator as above defined.
9. Renter is responsible for and shall pay all parking and traffic violations, unless due to Owner’s fault.
10. No right of Owner under this Agreement may be waived or modified except by written instrument signed by the Managing Director or Chairman of Esteem Car Rental Limited.
11. This Agreement shall be governed by and construed in accordance with the Laws of Jamaica.