|
|
|
|
| spezial
|
1.VEHICLE CONDITION AND RETURN . Vehicle is the property of West Trikes makes no warranty of any kind, nature or description express or implied as to the merchant ability for any particular purpose of any vehicle covered in this agreement. Customer shall return vehicle in same condition as received, ordinary wear and tear expected the location where rented on the due date specified. If vehicle is not returned on due date and West Trikes delivers or mails to customer at an address set forth on this agreement a demand to return vehicle to West Trikes to our rental location, West Trikes may reposes vehicle at any time thereafter at customers expense. 2.RESPONSIBILITY FOR PAYMENT AND VEHICLE REPOSSESSION. Customer will pay to West Trikes on demand all applicable rental charges including, but not limited time mileage, refueling, service and Vacation Interruption Plan Charges, pick up and drop off charges, vehicle recovery fees and all local, state and use taxes. If customer has directed the billing for charges to another person or company and upon being billed they shall fail to make payment within 20 days of the close of customers rental contract, customer authorizes West Trikes to submit said charges on customer's credit card and submit said charges "Signature On File", thereby permitting authorization and payment to be made on that credit card. This designation(Signature on File)and remittance of the credit card voucher(s) for the outstanding amount due West Trikes shall be deemed a valid and authorizes charge by customer. Customer is responsible for and will reimburse West Trikes for all loss or damage whatsoever (regardless of negligence) to vehicle, its equipment and tools. If customer accepts Vacation Interruption Plan at the time of rental by initialing the " accepts VIP" box on the reverse side hereof, customers liability for such loss shall be limited to the maximum amounts set forth therein, unless vehicle was used operated or driven in violation in any provision of this rental agreement, wherein customer shall be deemed by West Trikes to have breached this contract and customer shall be liable to all damages to the rental vehicle and to other person(s) or property damage, and West Trikes shall remain entitled to the charges for VIP as well as the actual incurred by West Trikes to the rental vehicle. The Vacation Interruption Plan is not insurance. 3.NO LIABILITY FOR PROPERTY. West Trikes is not responsible for loss or damage to any property stored, loaded or transported by customer or any person left in, upon or near the rental vehicle, any service vehicle of West Trikes , or the premises of our office, or received, stored or handled by any agent or employee of West Trikes at any time or place prior to, during or after the rental. Customer releases, indemnifies and holds harmless West Trikes , its agents and employees from any and all claims for loss or damage to such property. 4.PROHIBITED USES OF VEHICLES. Vehicle shall be used only by customer or the authorized driver shown on the reverse side and shall NOT be used by any individual of any of the following purposes or any of the following conditions (a) Who is under 25 years of age; (b) Who is not listed as an additional driver on the rental agreement; (c) To carry persons or property for hire; (d) In any race, test or similar type contest or activity; (e) In a careless or negligent manner; (f) Under the influence of alcohol, intoxicants or narcotics; (g) Outside the continental United States UNLESS WRITTEN PERMISSION HAS BEEN GIVEN BY LESSOR PRIOR TO RELEASING THE VEHICLE (h) For any illegal purpose or in the commission of a crime or any reckless, abusive manner; (I) if vehicle is obtained from less or by fraud or misrepresentation; (j) Other than on paved roads or graded private road or driveway; (k) Who loads vehicle beyond its rated capacity; (l) Who allows more passengers than the vehicle has seat belts for, or is designed to carry; (m) To take vehicle to MEXICO (n) Trips to "Death Valley" are not allowed between "May 1.st until September 30th" 5.LIABILITY COVERAGE. By initialing customer agrees to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a. Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured / underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where loss occurs. Because the customer is providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Customer must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, customer rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage. 6.COVERAGE IS VOID IN MEXICO AND CANADA. Liability coverage and West Trikes financial responsibility to customer are void in Mexico and Canada and customer must obtain West Trikes written authorization and purchase special insurance before leaving the United States of America. 7.MAXIMUM LIABILITY. If customer declines to purchase VIP protection and where damage occurs to rental vehicle, regardless of customers negligence, customer agrees to pay West Trikes for all loss or damage to vehicle up to the full replacement of the rental vehicle, as well as the daily rental charge for this vehicle for each and every day that the vehicle is out of service and until repairs are completed. Customer acknowledges that a reasonable amount of time shall be required by the repairing shop acquire and install replacement parts and that customer is responsible for the daily rental charge on the vehicle during this time as well, in as much as West Trikes would otherwise lose rental income on this vehicle. Customer agrees to pay this amount promptly and concurrently with the closing date of the agreement and upon return of the vehicle. Where customer accepts VIP, West Trikes agrees to waive all claims against customer for collision damage to vehicle. Exception: Damage caused by striking overhead objects and backing up vehicle and interior damage. 8.VEHICLE SERVICE. Customer must immediately inform West Trikes of any need to service vehicle or to repair or replace any parts thereof in the event vehicle shall be rendered disabled for any reason, customer shall make reasonable efforts to move vehicle to a safe and non hazardous location. Customer shall not commence or solicit any other individual to commence any service, repair or replacement of any part or accessory of vehicle without the express consent of West Trikes. 9.PARKING AND TRAFFIC VIOLATIONS. Customer shall pay all parking and traffic violation fines and penalties and agrees to pay, indemnify and hold West Trikes harmless in the event West Trikes pays such fines and penalties on behalf of customer and to reimburse West Trikes for all collections and other expenses relating to same. Customer hereby authorizes West Trikes to charge any such fines and penalties on customer’s credit card and customer authorizes West Trikes to submit credit card voucher(s) for payment of said violations and authorizes West Trikes to designate " signature on file" on said voucher(s) as an authorized substitute for customer’s signature. 10.ASSIGNMENT. This agreement and the vehicle cannot be assigned or transferred by customer. 11.NO AGENCY CREATED. In no event shall customer or any driver of vehicle be or be deemed to be the agent, employee or servant of West Trikes in any manner or for any purposes whatsoever. 12.LIABILITY OF West Trikes . West Trikes shall in no event be liable for any indirect, special or consequential damages in connection with or arising out of the furnishing, performance or use of the vehicle. 13.ATTORNEYS FEES. In the event that either customer or West Trikes institutes litigation to enforce any of the terms, covenants or condition of this agreement or in the event West Trikes incurs legal expenses as a result of any breach by the customer of any of the terms, covenants or conditions contained herein, the prevailing party shall be entitled to recover from customer in addition to all other items or damages all cost and expenses including court costs and reasonable attorneys fees. This agreement constitutes the entire agreement between West Trikes and customer and customer acquires no rights other than the right to use vehicle in accordance with this agreement. » Additional Items / Information
|