This Self Drive Hire Contract is as advised by the Seychelles Car Hire Operators Association. The person hiring the car (hereinafter called the Hirer) agrees with Sunshine Cars (hereinafter called the Owner) that any motor Vehicle (hereinafter called the Vehicle) hired to the hirer by the Owners shall be hired subject to the following terms and conditions. On signing this Contract, the hirer confirms having read these Terms and Conditions of Hire and acknowledges all conditions herein and hereon so described.
1. CAR, USE AND CUSTODY OF VEHICLE
a) The hirer-shall drive the vehicle only when qualified to do so and whilst holding all necessary current licenses and permits and shall at all times drive the vehicle in a careful and skilful manner in accordance with all legal requirements and with the owner’s standard policy of insurance which is available for inspection at the owner’s offices.
b) The vehicle is delivered to the hirer in good running condition and is subject to an inspection test. The hirer agrees to take proper care of the vehicle, paying for normal upkeep of the vehicle and is fully responsible for all damage to the vehicle due to neglect such as omission to check and/or change of oil, water, tire pressure etc. The hirer will also be responsible for any tools, tires, car documents or accessories, which are either missing or damaged on the return of the vehicle.
c) In the event of any fault, defect or malfunctioning of the vehicle, it must be reported immediately and, if of a serious nature, the vehicle must not be driven at all until contact has been established with the Owners. If the Hirer continues to drive after becoming aware of such defect, without informing the Owners thereof, the hirer shall do-so at his/her own risk, and is in breach of the Conditions of hirer. If the hire is on long duration, the onus rests with the hirer to ensure that a careful watch is kept on the tire wear. It is the responsibility of the hirer to report to the Owners excessive tire wear, so that the Owners may replace the said tires immediately.
d) The full rental cost is payable in advance on delivery of the vehicle. Unless the vehicle is returned on time and at the agreed location as specified on the contract of rental, the hirer is liable to be charged a full day’s rental cost in excess.
e) On renting the vehicle, any part of the day will count as full day; Gasoline is at the hirer’s expense.
f) if the hirer desires to change the rental period after taking possession of the vehicle, either reducing the rental days or prolonging the hire, or changing the place or agreed hour of termination of the agreed rental, three (3) days written or verbal notice must be given to the Owners and pay in advance the additional mileage and /or hire charges in respect of the extended period, when the Owner’s may, at their discretion, either refuse or accept the extension of hire. This is necessary to guarantee the availability of cars. No discount shall be enjoyed by the hirer. In case of cancellation, three (3) days full rental tariff shall be charged.
2. THE SAID VEHICLE SHALL NOT BE USED BY ANY OTHER PERSON
a) Other than (i)the hirer, or (ii) any person authorized by the hirer, and accepted by the Owner after such person shall have presented their driving license to the Owners in person.
b) To carry any greater number of passengers than the normal number which the Vehicle is constructed to accommodate, nor for carrying passengers or goods for hire or reward; except by previous arrangement with the Owners;
c) For the purpose of speed racing, rallying pacing or testing. If the Vehicle is so used, the hirer shall accept sole responsibility for any loss or damage occasioned thereby;
d) Under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates, or any substance impairing consciousness or ability to react;
e) Who has given a fictitious or false name, age, address or driving license;
f) As security for deposit or otherwise
g) to transport goods in violation of traffic regulations or in any other illegal manner;
h) to propel or tow any vehicle or trailer;
i) in motor sport events;
j) by any learner driver;
3. COMPREHENSIVE INSURANCE
The hirer is insured against third party public liability risk and property damage for risks collision, the hirer shall pay the applicable excess. The driver Is not insured. The insurance policy covers passengers only. This does not include the following: (i) Cost of transportation and/or towing of the damaged vehicle to our workshop; (ii) The time of immobilization of the vehicle while being repaired; (iii) The loss suffered by depreciation of the damaged vehicle.
a) The hirer shall report any accident involving the vehicle to the owner immediately of the occurrence of the accident and also to the police or other proper authority within the time prescribed by law. The hirer shall supply such information, drawings and assistance in connection with the accident as the owner or its insurers may require. The hirer shall not, without the prior consent of the owner give any instructions for any repairs to the vehicle or for replacement of any part thereof rendered necessary by the accident.
b) In case of any accident in which the vehicle is damaged or causes damage, the hirer under takes to inform the Owner immediately and have the case investigated on the spot by local police authorities. Under no circumstances should the vehicle be moved. The hirer is further required to make a sketch of the place of accident, obtain names and addresses of persons who have witnessed the accident, and those who have been a party to the accident, and any other pertinent details. The hirer should avoid making any. verbal or written promises without first informing the Owner. The said data and sketches are to be hand delivered at once to the Owner which will file them with the police and the insurance company. In case of non-compliance with these requirements the hirer is fully responsible for damage to and /or losses sustained by the vehicle.
4. EXCLUSION OF LIABILITY
a) The-owner shall not under any circumstances be liable to make any payments to the hirer in respect of or to indemnify the hirer against, any loss, injury or damage sustained by the hirer or by any third party as a result of the presence or use of the vehicle or as a result of any defect therein whether it was caused by or through or due to the negligence of the owner or agents or howsoever caused and in taking delivery of the vehicle the hirer shall be deemed to have Satisfied himself that it is in all respects roadworthy and in a proper and safe condition.
b) The hirer hereby releases the Owner of and from any liability for loss of and damage to any property left, stored or transported by the hirer of any other person in or upon the vehicle before or during the term of this rental or after return of vehicle to the Owner. The Hirer further agrees to hold the Owner harmless and to defend and indemnify the Owner against all claims and cost based Upon or arising out of such loss or damage. The hirer agrees to indemnify the Owners against any claims which may be made against Owners of the Third Parties or any other persons, and which are not covered against the Policy of Insurance in force in respect to the Vehicle, in respect of personal injuries, damage to or loss of property or any other liability whatsoever, resulting from the use of Vehicle during the Hire Term.
c) The Owner, whilst taking all reasonable precautions and using its best efforts to prevent such happening, shall not be liable for any faults or defect in or mechanical failure of the vehicle or any consequential loss or damage arising therefrom.
d) UNAUTHORISED EXTENSION OF HIRE No insurance cover exists on vehicles retained without Owners permission. In the event of an unauthorized extension, the hirer is warned that he is liable for the cost of repair or written off value whilst the hirer is driving the vehicle without the Owners consent the Owners reserve the right to change the Hirer double the normal rate should the vehicle be retained for an unauthorized period. Any part of the day shall be treated as one day.
5. PARKING AND TRAFFIC OFFENCES
The hirer will be legally responsible for parking, traffic and other offences and penalties arising therefrom that may be committed during the period of the hire.
6. DATE OF RETURN OF VEHICLE
The company reserves the right to repossess the vehicle or report it as stolen should it not be returned by the due date and time as declared overleaf, all costs incurred thereby being charged to the hirer.
7. GENERAL
a) No relaxation forbearance or indulgence by the Owner in enforcing any of the terms and conditions of the agreement shall prejudice or affect the right and powers of the Owner hereunder nor shall any waiver or any breach operate as a waiver of any subsequent or continuing breach.
b) The Vehicle must not be left parked unattended in any public area overnight or for any long period during the day. When parking the vehicle in public area for a short period during the day, or at any time when the vehicle is unattended, it must be securely locked, including the fuel tank, the steering column, all doors and boot. If the above is not complied with, the hirer will be liable for the full cost of damage of loss in the event of theft of the vehicle.
c) Any loss of keys whilst the vehicle is in the possession of the hirer will be the direct responsibility of the hirer who will make good the loss. A delivery fee may also be levied for its replacement.
d) Any abnormal damage to tires other than a puncture will be the responsibility of the hirer.
e) Under no circumstances will the vehicle be driven on a flat tire, otherwise the hirer assumes full responsibility for any damage whatsoever. The hirer acknowledges that he has read, understood and agreed to this agreement.