Executive Cars

Terms and Conditions

 

  1. Definitions

 

"Agreement" means all terms and conditions herein, any addenda hereto or any additional materials that we provide at the time of rental.

"You", "your" or the “Renter” means the person identified as the renter of the Vehicle, any Authorized Driver and any person or organization to whom charges are billed by us at the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement.

"We", "our", "us" or the “Rental Company” means Executive Cars, including its successors and assigns, its employees, affiliates, owners, shareholders and directors.

"Authorized Driver" means the Renter and any additional driver approved by us.

"Vehicle" means the vehicle being rented and any substitute and all its tires, tools, accessories, keys, equipment and vehicle documents.

"loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damages to the Vehicle until it is repaired times the corresponding periodic rental rate, unless otherwise provided by law.

These terms and conditions relate to the agreement to rent the Vehicle. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, THE FITNESS OF THE VEHICLE FOR A PARTICULAR PURPOSE. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or in breach of the terms of this Agreement. The Renter waives any and all recourse against the Rental Company for any criminal or other reports or prosecutions that the Rental Company makes against the Renter that arise out of the Renter’s violation of law or breach of this Agreement.

 

 

 

  1. Vehicle Information

 

The Rental Company agrees to rent the Vehicle to the Renter and the Renter, having carefully read and understood this Agreement, agrees to rent the Vehicle from the Rental Company pursuant to the terms and conditions of this Agreement.

The Renter and the Rental Company shall be deemed to have signed this Agreement and this Agreement shall have full effect as if it were signed by the Rental Company and the Renter.

  1. Rental Period

 

Any vehicle that has not been returned within one hour of the expiry of the time by which the Vehicle is due to be returned (the “End Time”) on the date on which the Vehicle is due to be returned (the “End Date”) will automatically be classified as having been rented for an additional day. Rental fees and corresponding fees will be increased accordingly.

The vehicle will be due for return promptly by or before the End Time on the calendar day following the End Date, unless otherwise agreed by the Rental Company in writing.

If the Renter wishes to extend the rental period, the Renter must, if requested by the Rental Company, return the vehicle to the Rental Company for inspection and to obtain a confirmation in writing of the amendment by the Rental Company of the End Date and End Time.

 

  1. Rental Fees


The Renter agrees to pay the Rental Company the fees for the rental of the Vehicle as well as all additional fees, including for additional drivers, car seats, insurance, etc. as notified to the Renter by the Rental Company.

The Renter will also be responsible for paying (a) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the vehicle assessed against the Rental Company or the vehicle during the rental period, unless assessed or incurred due to the actual fraud or wilful default of the Rental Company, (b) all expenses incurred in locating and recovering the vehicle if the Renter fails to return it or the Rental Company elects to repossess the vehicle under the terms of this Agreement, (c) all costs, including but not limited to pre and post judgment attorney fees, incurred by the Rental Company in collecting payment from the Renter or otherwise enforcing the rights of the Rental Company under this Agreement and (e) lost income resulting from loss of use.

 

  1. Security Deposit

The Renter agrees to pay a security deposit as determined by the Rental Company at the time of rental. This deposit will be refunded upon return of the vehicle by the Renter, provided that the vehicle is returned in the same condition in which it was rented to the Renter, subject to and in accordance with the terms of this Agreement.

The Rental Company may, without further input by or approval from the Renter, use the deposit to pay any amounts owed to the Rental Company under this Agreement.

 

  1. Use of Vehicle

The Renter agrees to and agrees to cause the Additional Drivers to:

  1. DRIVE ON THE LEFT
  2. Use the vehicle only for lawful purposes.
  3. Use the vehicle if the driver is between the ages of 25 and 75 and has held a valid driver’s license for one year or more and has not been disqualified from holding such license.
  4. Not drive the vehicle while intoxicated, under the influence of drugs or other substances or if driving ability is otherwise impaired.
  5. Adhere to speed limits and other rules of the road.
  6. Not allow any drivers other than the Renter and the Additional Drivers to operate the vehicle.
  7. Not use the vehicle for racing, pace making, commercial travelling, reliability trials, speed trials, towing or off-road driving or the carriage of goods or samples in connection with any trade or business or for any purpose in connection with the motor trade.
  8. Return the vehicle and additional items rented in the same condition in which they were received.
  9. Not use the vehicle to carry hazardous or explosive substances.
  10. Not use the vehicle to carry hazardous waste of any kind.
  11. Not use the vehicle to transport weight in excess of the vehicle's maximum load capacity.
  12. Not use the vehicle where insufficient clearance or height or width exists.
  13. Refrain from improper loading.
  14. Not use the vehicle to transport more passengers than number of seat belts.
  15. Not use the vehicle to transport passengers outside of the passenger compartment.
  16. Not leave the vehicle and fail to remove the keys or close and lock all doors, windows, and the trunk.
  17. Not service the vehicle or replace parts or accessories during the rental period without the prior approval of the Rental Company. 

 

 

  1. Insurance


The Renter is responsible for maintaining insurance coverage for the vehicle during the rental period. Proof of insurance satisfactory to the Rental Company in its sole and absolute discretion and opinion must be provided at the time of rental. If such proof is not provided or if the insurance coverage is not satisfactory to the Rental Company, the Renter must utilise the Rental Company’s insurance cover at the Rental Company’s current rates.

INSURANCE WILL NOT BE AVAILABLE IN CIRCUMSTANCES WHERE THE RENTER DOES NOT ADHERE TO AND COMPLY WITH PARAGRAPH 6. (1. TO 17.) ABOVE OR IS OTHERWISE IN BREACH OF THE TERMS OF THIS AGREEMENT.

 

  1. Fuel Policy


The vehicle will be provided with a full tank of gas. The Renter agrees to return the vehicle with a full tank of gas. If the vehicle is returned with less than a full tank of gas, the Renter agrees to pay for the gas at the Rental Company's current rate.

 

  1. Responsibilities and Liabilities

The Renter is responsible for any damage to or loss of the vehicle during the rental period, including but not limited to collision, theft, fire or vandalism, whether or not caused by the Renter. The Renter agrees to notify the Rental Company immediately in the event of an incident of theft, vandalism or other damage of any kind, or in the event of an accident.

The Renter is responsible for and will pay on demand : (1) repair costs and lost income from the loss of use of the vehicle while it is being repaired, (2) diminution of the vehicle's value caused by damage to it or repair of it, (3) missing equipment, and (4) all administrative costs we incur due to damage to, or loss of, the vehicle regardless of whether or not the Renter is at fault. The Renter must report all accidents or incidents of theft and vandalism to the Rental Company and to the Royal Cayman Islands Police as soon as the Renter discovers them.

The Renter is responsible for all damages or losses the Renter causes to others.

NOTE: insurance does not cover damage to the interior of the vehicle, wheels, windows or windshield and any such damage will be the responsibility of and at the expense of the Renter.

 

  1. Breach, Termination and Severability

The Renter, if in breach of this Agreement, will, to the fullest extent permitted by applicable law, be liable for all damage to, or loss of, the vehicle caused by such breach.

No waiver by the Rental Company of any breach of this Agreement will constitute a waiver of any additional breach or waiver of the performance of the Renter’s obligations under this Agreement. To the fullest extent permitted by applicable law, the Renter releases the Rental Company from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.

The Rental Company reserves the right to terminate this Agreement and reclaim the vehicle if the Renter violates any of the terms of this Agreement.

This Agreement may be terminated if both the Renter and the Rental Company agree in writing.

If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

 

  1. Amendments

 

No term of this Agreement can be waived or modified except by a writing signed by the Renter and the Rental Company.

 

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands.

 

  1. Entire Agreement

This Agreement supersedes all prior agreements or understandings, whether written or oral.