RENTAL TERMS AND CONDITIONS
The Rental Contract
- These Rental Terms and Conditions, the Rental Contract you receive when you are given access to the vehicle you are renting, and any additional document signed by you, shall together form the rental contract (the “Rental Contract”) between you and D&B Auto Rental (“D&B”).
- In these Rental Terms and Conditions “you” and “your” refer to the person who signs this Rental Contract, “we”, “our” and “us” refer to D&B.
- You agree to rent from D&B, according to the terms of the Rental Contract, the rental vehicle described in the Rental Contract, for the term also set out in the Rental Contract.
- The rental of the vehicle is solely a transfer of possession and not of ownership.
- You also agree that you cannot assign delegate or transfer your obligations under the Rental Contract and any discrete part thereof.
- Any change in the Rental Contract must be in writing and signed by an authorized officer of D&B.
- You further agree that we have the unilateral right to change these Terms and Conditions from time to time upon written notice to you, in paper or electronic form, without any requirement for you to sign the changed Terms and Conditions.
Meaning of Vehicle
- The word “vehicle” in the Rental Contract means the vehicle rented to you or its replacement, and includes tyres, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by D&B with the vehicle and separately rented to you by D&B, unless otherwise explicitly specified.
Who May Drive The Vehicle
- You are the Main Driver. You represent to D&B that you are at least 25 years old and a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental, and you have held a valid driver’s licence (other than a learner’s provisional licence) for a period of at least 2 years.
- Unless otherwise authorized, only you may drive the vehicle.
- Any person other than you that operates the vehicle must complete the ‘Additional Driver’ section of the Rental Contract. We may charge for each additional driver authorized to drive the vehicle, which will be specified on the Rental Contract. Any authorized additional driver, must comply with the driver requirements set out at clause 9 above.
- You acknowledge that you will remain financially responsible under the Rental Contract at all times even if the vehicle s operated by an Additional Driver or someone other than you.
Return of the Vehicle
- You agree to return the vehicle to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. You may obtain D&B’s consent to return the vehicle at a different time or location.
- If you return it later without consent, a different or higher rental rate may apply and, a late return fee.
- If you do not return the vehicle to the location and at the time specified in the Rental Contract, as and when required under the Rental Contract, you may be subject to criminal penalties and will be responsible for any costs associated with recovering the vehicle.
- You will pay a fixed daily rate as indicated in the Rental Contract for the period of time you rent the vehicle. Unless otherwise indicated on the Rental Contract, the minimum charge is one day (24 hours). The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins.
- You will pay all charges that apply to the rental for miscellaneous services including but not limited to the following:
- a fee for cleaning the vehicle’s interior upon return if any stains, dirt, odour, or soiling attributable to your use cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion;
- lost vehicle keys or fobs;
- We maintain a non-smoking fleet, including a prohibition on the use of e-cigarettes in the vehicle. You will pay an additional charge if you return the vehicle and it smells or is soiled from smoke or e-cigarette vapor.
- You authorize D&B to charge all amounts payable under the Rental Contract to your account, which means a nominated debit card, or credit card, pre-arranged charge account or cash.
- D&B will charge all amounts found to be due and owing by you to your account during or after the term of hire is completed.
- If you fail to pay any money due under or in connection with the Rental Contract within 14 days of the date by which you were required to make payment, D&B may charge you the following additional costs:
- Interest at 10% (compounded daily ) on the total amount owing from the expiry of the 14 days from the date on which the sums became due and owing;
- All costs incurred by D&B for the collection of the unpaid money by a debt collection agency or other third party.
Repossessing the Vehicle
- We can repossess the vehicle at any time in our sole discretion, without notice to you, for reasons that include, but are not limited to the following: the vehicle is found illegally parked, being used to violate the law or the terms of the Rental Contract, or appears to be abandoned.
- If the vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the vehicle. You agree that such costs will be charged to your account.
Damage to/Loss of the Vehicle
- If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, you shall notify the owner of the full circumstances by telephone immediately.
- If the vehicle requires repair or replacement, the decision to supply another vehicle to you is in D&B’s sole discretion.
- If the vehicle is lost or damaged as a direct or indirect result of a violation of the clause “Prohibited Use of the Vehicle”, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the vehicle regardless of cause, or who, or what caused it. If the vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the vehicle in its damaged condition, you will pay the difference between the vehicle’s retail fair market value before it was damaged.
- You authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tyres, and antenna, plus towing and storage charges, if any, as part of your rental charges at the time of return.
- If the vehicle is stolen and not recovered you will pay us the vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of use of the vehicle, without regard to our fleet utilization, plus an administrative fee.
- If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the vehicle plus diminished value or the fair market retail value of the vehicle (less salvage value plus costs incurred in the salvage-sale), and all incidental loss and administrative fees.
- If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party.
- You understand that you are not authorized to repair or have the vehicle repaired without our express prior written consent. If you repair or have the vehicle repaired without our consent, you will pay the estimated cost to restore the vehicle to the condition it was in prior to your rental. If we authorize you to have the vehicle repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.
Prohibited Use of the Vehicle
- Certain uses of the vehicle and other actions you or a driver may take, or fail to take, will violate the Rental Contract. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
- You use or permit the vehicle to be used: 1) by anyone other than an additional driver; 2) to carry passengers or property for hire or more passengers than the vehicle has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, or any controlled substance, including without limitation, any substance described as such under the laws of the Turks and Caicos Islands (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons contrary to law; or 7) recklessly or while overloaded.
- You or an additional driver: 1) fail to promptly report to D&B any damage to or loss of the vehicle when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) Where required by law, fail to report an accident to law enforcement; 3) obtain the vehicle through fraud or misrepresentation; 4) leave the vehicle and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the vehicle is stolen or vandalized; or 5) intentionally or with wilful disregard cause or allow damage to the vehicle.
- You or an additional driver, without permission from D&B, return the vehicle after hours and the vehicle is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the vehicle, its keys, key fobs, or other remote entry and starting devices.
- Driving or operating this vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages, shall be deemed a breach of the Rental Contract.
Fuel Service Charge
- Most rentals come with a full tank of fuel, but that is not always the case. If you return the vehicle with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge at the applicable rate per-mile or rate per-gallon as specified on the Rental Contract or as disclosed at the location. You may avoid a fuel service charge if you return the vehicle with the fuel tank as full as when you received it. If you put fuel into the vehicle, you must use the correct fuel.
Fines, Expenses, Costs and Administrative Fees
- You will pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Contract, such as for repossessing or recovering the vehicle for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with officials charged with enforcing these infractions to provide any information necessary, including any personal information you have provided to us, as they may request or may otherwise be required. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
Third Party Liability (TPL), Collision Damage Waiver (“CDW”) and Total Loss Waiver (TLW)
- As set out in the Rental Contract.
Indemnification and Waiver
- You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the vehicle by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses.
- We are not responsible for loss of, theft, or damage to any personal or other property left in or on the ca vehicle, whether received or handled by us, regardless of who is at fault.
- You will be responsible to us for claims by others for loss or damage caused by your property.
Other Important Provisions
- We may transfer our rights and obligations under this Rental Contract to another party, but this will not affect your rights or the obligations or the obligations owed to you under the Rental Contract. You may only transfer your rights or obligations under the Rental Contract to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the provisions of the Rental Contract operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
- The information requested from you is to enable D&B to assess the hirer’s request to hire the vehicle. You acknowledge that D&B will collect, hold and use your personal information for purposes related to the rental of the vehicle. You further acknowledge that such personal information may be disclosed to third parties such as debt collection agencies acting with the authority of D&B, or law enforcement.
- These Terms and Conditions and the other provisions of the Rental Contract are governed by the laws of the Turks & Caicos Islands.
- You agree to cooperate and coordinate with D&B generally and to take any actions D&B reasonably requests in connection with (i) this Rental Contract, (ii) your use and return of the vehicle, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Contract or your use of the vehicle, including without limitation, execution and delivery of any documents D&B reasonably requests, giving testimony under oath, and taking any other actions D&B reasonably requests related to this Rental Contract or your vehicle rental.