1 YOUR RENTAL AGREEMENT. The agreement between West Car Rental and You (Rental Agreement) is made on the date You signed the Rental Agreement, and is made up of the Rental Agreement and these Terms and Conditions. By signing the Rental Agreement, You agree to be bound by the following terms and conditions.
In these Terms and Conditions:
- “Account” means the debit card, credit card or other charge account to which Rental Charges have been or are to be debited;
- “Additional Driver Fee” means the fee payable by You to West Car Rental for the addition of a driver aside from the Main Driver listed on the Rental Agreement;
- “Authorized Driver” means the Main Driver and any Additional Driver listed on the Rental Agreement;
- “Collection Costs” means West Car Rental’s reasonable attorney’s fees and costs of collecting from You any unpaid amounts due to West Car Rental pursuant to the Rental Agreement;
- “Collision Damage Waiver” or “CDW” refers to the amount described on the Rental Agreement that you pay daily to West Car Rental in order to limit Your financial responsibility for damage to the Vehicle caused by an accident to no more than the Excess Amount.
- “Damage” means, without limitation, any damage to the Vehicle, whether to the body; to the engine; to the windshield, windows, including without limitation the front or back windshields and all side window glass; to the mirrors, headlights, and to the tires, which means all four tires, including the spare tire, and any part of the wheel (i.e. hubcap, rim and alloy wheels); or to the underbody of the Vehicle, including without limitation the oil pan, transmission, drive shaft, and differential; for which Damage West Car Rental considers, acting reasonably, that You are liable. Damage also includes the loss of accessories provided with the Vehicle such as floor mats, seat covers, spare tires and tools;
- “Excess Amount” means the amount stated on the Rental Agreement as the Excess Amount for the Vehicle.
- “Late Return Charge” means a single charge payable by You if the Vehicle is not returned on the date and by the time shown on the Rental Agreement or an alternative return date and time as agreed with West Car Rental under clause 6.1(a);
- “Manufacturer’s Specifications” means the specifications of the manufacturer of the Vehicle;
- “Refueling Service Fee” means the current retail cost of fuel per gallon in Palau plus West Car Rental’s reasonable costs associated with arranging to fill the Vehicle with fuel;
- “Rental Charges” means the fees, costs, amounts and charges specified on the Rental Agreement or otherwise payable under this Rental Agreement;
- “Rental Agreement” means the contract made between West Car Rental and You and any Authorized Driver;
- “Rental Period” means the period commencing on the date shown on the Rental Agreement and ending on the date that the Vehicle is returned to West Car Rental;
- “Roadside Callout Fee” means a charge for a roadside assistance callout event, as specified in clause 5.3;
- “Vehicle” means the vehicle described on the Rental Agreement (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, and all accessories and contents supplied by West Car Rental, unless the context requires otherwise;
- “We” refers to West Car Rental;
- “West Car Rental” means West Car Rental, P.O. Box 280, Koror, Palau PW 96940; and
- “You” or “Your” refers jointly and severally to the person(s) whose name(s) appears as the Renter or as the Main or Additional Driver on the Rental Agreement.
2.1 You agree and acknowledge:
(a) that only an Authorized Driver will drive the Vehicle; and
(b) that all Authorized Drivers hold a current and valid license (not being a learner’s license or provisional license) to drive the Vehicle and are at least twenty-one (21) years of age immediately prior to signing the Rental Agreement.
2.2 You agree and acknowledge that You are responsible for the acts and omissions of each Authorized Driver and any other person You allow to drive the Vehicle and that neither You nor any unauthorized driver will have the benefit of the Collision Damage Waiver option (if accepted by You and included in Your Rental Charges) if You allow an unauthorized driver to drive the Vehicle and that unauthorized driver causes loss of or damage to the Vehicle or damage to the property of a third party.
2.3 To add an additional Authorized Driver, You must pay the Additional Driver Fee shown on the Rental Agreement. The additional Authorized Driver must sign the Rental Agreement and provide to West Car Rental a copy of a current and valid license confirming that the additional Authorized Driver is authorized to drive the Vehicle at the time the Rental Agreement is signed.
3 WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE.
3.1 You must only use the Vehicle on a road which is properly formed and constructed as a sealed asphalt, concrete or gravel road.
3.2 You shall not drive the Vehicle on any beach or into or through any salt water.
4 USE OF THE VEHICLE.
4.1 You must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without West Car Rental’s prior written consent, use, or allow the Vehicle to be used for pushing or towing any load whatsoever;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
(d) not be under the influence of alcohol, drugs or have a blood alcohol or drug content that exceeds the legal limit in the Republic of Palau;
(e) not, without West Car Rental’s prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained West Car Rental’s prior consent to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and West Car Rental’s recommendations;
(i) not smoke or chew betelnut within the Vehicle or allow any other person to smoke or chew betelnut within the Vehicle at any time;
(j) not, without West Car Rental’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 73°F or any other explosive or corrosive substances;
(k) not use the Vehicle to prepare, commit or assist in any criminal act; and
(l) not use the Vehicle in contravention of any law.
5 MAINTENANCE, SECURITY AND CLEANING.
5.1 You must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) keep the Vehicle locked when it is unattended and the keys under Your personal control at all times; and
(c) comply with all applicable seat belt and child restraint laws .
5.2 West Car Rental normally provides roadside assistance between the hours of 8:00 am to 5:00 pm. Monday through Saturday for all inherent mechanical faults (as reasonably determined by West Car Rental or its Authorized repairer) at no additional cost, provided that the fault does not arise as a result of any unauthorized use of the Vehicle in breach of clauses 3 or 4.1 (save, in respect of clause 4.1(m), for minor infractions);
5.3 You will be charged a Roadside Callout Fee of $25.00 to $50.00 depending on the location of the Vehicle for each roadside assistance callout for a fault or incident caused by Your act or omission, including, but not limited to: emergency Refueling (up to an amount required to reach the nearest petrol station); a tire-related incident; lost keys; keys locked in vehicle; or a flat battery due to lights or other electrical equipment being left on.
5.4 You must not have repairs to the Vehicle carried out unless West Car Rental authorizes You to do so in writing. If repairs are authorized, West Car Rental requires verification of the cost of repairs for reimbursement purposes. You should obtain an original tax invoice/receipt from the repairer to assist West Car Rental. West Car Rental will reimburse You for any repairs to the Vehicle Authorized by West Car Rental in writing, provided that West Car Rental can verify the cost of those repairs. To the extent that West Car Rental cannot verify the cost of repairs, West Car Rental will not reimburse You.
5.5 If You or another person has been using the Vehicle during the Rental Period in breach of clause 4.1(i) (no smoking or chewing within the vehicle) or if You return the Vehicle in an excessively poor condition as determined by West Car Rental; You will be charged and required to pay the cost of any cleaning or odor extraction reasonably incurred by West Car Rental for cleaning or odor extraction.
6 RETURN OF VEHICLE.
6.1 You must return the Vehicle to West Car Rental:
(a) to the place, on the date and by the time shown on the Rental Agreement unless You have informed West Car Rental of a change prior to the return date and time and West Car Rental has agreed to the change; and
(b) in the same condition as it was at the commencement of the Rental Period, normal wear and tear excepted.
6.2 If You return the Vehicle at a later date or time than that shown on the Rental Agreement You must pay the rate that is reasonable in the circumstances for the Vehicle for the Rental Period in addition to a Late Return Charge in an amount We determine to be reasonable in the circumstances.
6.3 If You return the Vehicle at an earlier date or time than agreed, the rates shown on the Rental Agreement will not apply and You must pay the rate that was applicable for the Vehicle for the Rental Period (which may be higher than the rates shown on the Rental Agreement).
6.4 West Car Rental may require the immediate return of the Vehicle, or West Car Rental may repossess the Vehicle without notice, if:
(a) the credit limit on Your account would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle;
(b) the Rental Period expires without satisfactory arrangements having been made by You with West Car Rental; or
(c) West Car Rental reasonably suspects that:
(1) the Vehicle may be or was used for an unlawful purpose; or
(2) damage to the Vehicle, or injury to persons or property, has occurred or is likely to occur.
6.5 If You do not return the Vehicle on the date and by the time shown on the Rental Agreement (or any extended date or time agreed with West Car Rental in writing) then:
(a) without notice to You and if the location of the Vehicle is unknown, West Car Rental may report the Vehicle as stolen to the police; and
(b) You must pay West Car Rental all Rental Charges (including additional Rental Charges) and compensate West Car Rental in accordance with clause 8 for any loss West Car Rental suffers (including all reasonable additional costs West Car Rental incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by West Car Rental.
6.6 If You have breached the Rental Agreement and Your breach of the Rental Agreement has caused a downtime of the Vehicle, You will be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime).
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
7.2 If You return the Vehicle with less fuel in the Vehicle than the Vehicle had when You rented it You must pay West Car Rental a Refueling Service Fee amount per gallon. The Refueling Service Fee amount reflects the current cost of fuel per gallon plus West Car Rental’s reasonable costs associated with arranging to fill the Vehicle with fuel.
7.3 For the purpose of clause 7.2 the fuel level of the Vehicle at the time You rent it and at the time You return it to West Car Rental is determined by visual, electronic or other inspection by West Car Rental of the Vehicle’s fuel gauge; however, if a Refueling Service Fee amount is charged, that Fee will be based on the number of gallons of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when You rented it.
8 LIABILITY FOR LOSS OR DAMAGE.
8.1 Subject only to clauses 8.2 and 9, You are liable to and agree to compensate West Car Rental for any and all damage to or loss of the Vehicle, including theft of the Vehicle, and for any damage to or loss of accessories provided with the Vehicle such as floor mats, seat covers, spare tires and tools, during the term of Your Rental Agreement.
8.2 West Car Rental is liable for any damage to or loss of the Vehicle that is our fault. This includes:
(a) any failure on our part to properly maintain the Vehicle; and
(b) loss or damage directly due to our negligence or willful default.
8.3 In case of loss or damage to the Vehicle You shall immediately pay West Car Rental either:
(a) the actual cost of repairing the damages to the Vehicle plus the value of the loss of use of the Vehicle during the period it is unavailable for rental; or
(b) if West Car Rental in its sole discretion determines that the cost to repair the damage exceeds the value of the Vehicle, i.e., the Vehicle is a total loss, then You shall pay West Car Rental the value of the Vehicle plus the loss of use of the Vehicle up to the date of such determination. The Vehicle will be considered to be a total loss in the event of the total or partial inundation or immersion of the Vehicle in fresh or salt water.
8.4 In the event the Vehicle is determined to be a total loss and You are required to pay West Car Rental for the value of the Vehicle plus the loss of use of the Vehicle pursuant to clause 8.3(b), ownership of the Vehicle shall remain West Car Rental and We will dispose of it in any manner We deem appropriate in the exercise of our reasonable discretion.
9 COLLISION DAMAGE WAIVER.
9.1 Collision Damage Waiver or “CDW” is optional. If You choose NOT TO PAY the CDW fee shown on the Rental Agreement, then, except as set forth below, You are liable to compensate West Car Rental for any and all damage to or loss of the Vehicle.
9.2 Subject to clauses 9.3 and 9.4, We will waive your liability for damage to the Vehicle to the extent it exceeds the Excess Amount stated on Your Rental Agreement, provided:
(a) You accepted the CDW option on the Rental Agreement and paid the CDW fee shown on the Rental Agreement; and
(b) If the damage to the Vehicle is in an amount greater than the Excess Amount, You immediately pay West Car Rental the Excess Amount upon demand; and
(c) The damage to the Vehicle does not render it a total loss.
9.3 In the event the Vehicle is determined to be a total loss as a result of the damage, then if you accepted and paid for the CDW You are only liable to compensate West Car Rental for the Excess Amount plus 50% of the value of the Vehicle at the time it is determined to be a total loss.
9.4 The waiver in clauses 9.2 and 9.3 WILL NOT APPLY if:
(a) You or any other person You allow to drive the Vehicle driving the Vehicle in a manner that results in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers); or
(b) the damage to the Vehicle caused by a breach of clauses 3, 4.1, 5.1 or 5.4 (save, in respect of clause 4.1(l), for minor infractions); or
(c) the Vehicle is stolen, unless You immediately report the Vehicle as stolen to the police on becoming aware of the theft and provide a copy of the police report to West Car Rental as soon as you receive it.
10.1 At the end of the Rental Period, in cash, with a credit or debit card, or by check drawn on a banking institution acceptable to West Car Rental, You agree to pay, or You authorize the debit of Your Account by West Car Rental to pay:
(a) all Rental Charges;
(b) any amount paid or payable by West Car Rental or You to any person arising out of Your use of the Vehicle or imposed on You or West Car Rental by any government or other competent authority, including Your liability for loss or damages under clause 8;
(c) any Excess Amount owed by You under clause 9;
(d) the replacement cost (as reasonably determined by West Car Rental) for a lost or stolen Accessory;
(e) any card surcharge payable for the method of payment You chose to use for Your Account;
(f) any amount which We reasonably determine You owe to West Car Rental under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise; and
(g) any taxes imposed on Your Payment by any government or other competent authority, specifically including without limitation any value added tax by whatsoever name known.
10.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by West Car Rental. If West Car Rental reasonably determines that a Rental Charge should be adjusted, West Car Rental will do so and will provide details to You if West Car Rental has Your contact details.
10.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to one day’s rental at the “daily rate” shown on the Rental Agreement (subject to clause 6.4).
10.4 If You pay Your Rental Charges by credit or debit card, You acknowledge that it may take up to 7 to 10 business days for Your financial institution to release any amount which has been Authorized by that institution at the request of West Car Rental which is in excess of Your Rental Charges.
10.5 If You fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay West Car Rental and You authorize West Car Rental to debit from Your Account:
(a) interest at the highest per annum rate allowed by Palau law from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
(b) on and as demanded, West Car Rental’s Collection Costs including interest on West Car Rental’s Collection Costs from the date of demand. West Car Rental will notify You of all amounts payable to West Car Rental under this clause. You may dispute these amounts by contacting West Car Rental at westcarrental@WCTC-Palau.com within 5 working days of the notification being sent under this clause. You authorize West Car Rental to charge and debit from Your Account all undisputed amounts payable to West Car Rental under this clause to Your Account.
11 PROPERTY IN VEHICLE.
11.1 Unless West Car Rental or a West Car Rental employee acting in the course of their employment is negligent, or fraudulent, West Car Rental is not liable to any person for any loss of, or damage to any property:
(a) left in the Vehicle after its return to West Car Rental; or
(b) stolen from the Vehicle or otherwise lost during the Rental Period.
12.1 You shall pay all fines, penalties, court costs, and other expenses for traffic or other legal violations assessed against You or the Vehicle while on rental to You and You unconditionally release West Car Rental from all obligations to honor claims arising from such matters.
12.2 If You, while driving, parking, or otherwise in or using the Vehicle, or as a result thereof, cause(s) any injury or damage to any other vehicles, property, animal, or person, or if such injury or damage occurs while the Vehicle is being used in violation of the terms of this Contract, then You assume full liability for compensation for all such damage or injury, shall hold West Car Rental harmless from reimbursement and shall indemnify West Car Rental for all damages, costs, and expenses (including attorney fees) that West Car Rental may incur as a result thereof.
12.3 The terms of this Rental Agreement shall not be revised or waived without the prior written consent of West Car Rental. If a court of competent jurisdiction determines that any provision of the Rental Agreement is invalid, then such determination shall not affect the remaining portions of this Rental Agreement. This Rental Agreement contains all of the agreements between the parties regarding the rental of the Vehicle and the relationship, duties, and liabilities of and between the parties.
13.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
13.2 You may terminate the Rental Agreement if West Car Rental increases the Rental Charge specified in the Rental Agreement for a reason that is not due to an Your act or omission.
13.3 Subject to Your liability (if any) to West Car Rental for Rental Charges, the Excess Amount, Damages, Collection Costs and any other amounts You owe West Car Rental pursuant to the Rental Agreement, You may terminate the Rental Agreement at any time by returning the Vehicle to West Car Rental.