Terms and conditions

Car Rental Davao herein also referred to as the “COMPANY” hereby agrees to lease a vehicle as described hereof to the any individual (“RENTER”) who shall comply and agrees with the terms and conditions as below stated:

A. INFORMATION AND INITIAL RECITALS

1. The RENTER shall give the COMPANY accurate personal information such as but not limited to his/her name, age, birthday, address and all other information that is requested.
2. THE RENTER shall provide the COMPANY government issued proof of identification.

B. PAYMENT

1. Payment shall be in accordance with the stipulation and computations provided by the RENTER;
2. The RENTER shall provide the security deposit and any insurance deductible or excess shown in the HQ-generated Rental Agreement. The COMPANY may apply the security deposit to amounts due under the Agreement, except extension charges, which must be paid separately. The security deposit and any deductible or excess are not limits on the RENTER’s liability. The COMPANY shall itemize deductions and return any balance after final inspection and audit. The RENTER remains responsible for all properly chargeable amounts exceeding the security deposit or not paid by an insurer or responsible third party.
3. The Rental fee of the rented vehicle shall be the amount specified in the agreement unless adjusted upon the approval of both the RENTER and the COMPANY.
4. The COMPANY shall pay the rental fee and other amounts free and clear of and without deductions for or withholding of any and all future Philippines taxes, duties and charges.
5. The failure of the RENTER to pay the rental fees after the expiration of this agreement shall make them him liable for the payment for a twelve (12) percent legal interest per annum without need of any demand;
6. The COMPANY reserves the right to pull out the vehicle at any time and place in case of failure of the RENTER to pay for the rental fees of the vehicle on agreed date.
7. The COMPANY does not place a credit-card preauthorization or reserve credit on the RENTER’s card. The RENTER authorizes only payment transactions and adjustments expressly approved under this rental agreement.
8. All charges are subject to final audit. If an error is found in the computation, the COMPANY may rectify such error and reflect the accurate statement of account. The COMPANY may demand additional payment or effect a refund as the case may be.

C. GENERAL PROVISIONS ON RENTED VEHICLE

1. The Rented vehicles shall include tires, tools, equipment, accessories tools, tires, and all other items introduced to the vehicle and contained there-in and documents, do not belong to RENTER.
2. The delivery of the rented vehicle to the RENTER shall only be for rental purposes only.
3. It is understood between the parties that the LESSOR is not the manufacturer or supplier thereof. The COMPANY does not warrant, whether, express or implied, as to the merchantability or fitness for any particular purpose of any vehicle covered by this agreement, nor responsible for any factory defects.
4. The RENTER hereby assumes full responsibility for the selection of the equipment, and the COMPANY shall not in any way be deemed to have made any warranties, representations or inducements or compliance with any requirements of any law , rules, specifications or contract.
5. Any claims of the RENTER in connection with the manufacturer’s warranties, conditions or guarantees shall be made directly to the RENTER against the manufacturer or supplier who shall be solely liable thereof. In this respect, the COMPANY hereby authorizes the LESSEE to submit any said claim against the manufacturer or supplier on its behalf.

D. TERM

1. The RENTER will return the vehicle in the same good operating condition to the place on the due back date specified, or sooner upon demand.
2. The RENTER is responsible for the whole rental period payment stated on the rental agreement.

a. At the time of return of the vehicle before the expiration of the rental period, the COMPANY will not be liable to give credit for any unused rental time.

3. The provisions of this terms and condition shall commence from the date of the DELIVERY AND ACCEPTANCE of the rented vehicle to the RENTER and end on the date specified in the agreement.

a. The Delivery and Acceptance Date for all intents and purposes, be all conclusively presumed to be the actual, true and correct date of Delivery And Acceptance by the RENTER.

b. If the RENTER ends the rental after pickup and before the agreed return date, unused rental time is non-refundable. The security deposit remains subject to the damage and charge rules in this agreement and is not forfeited merely because of an early return.

4. Reservation cancellations receive a 100% refund when made at least 14 days before pickup, a 50% refund when made 7 to 13 days before pickup and no refund when made fewer than 7 days before pickup. A no-show results in loss of the security deposit.

E. RELEASE AND RETURN OF THE RENTED VEHICLE

1. The RENTER shall receive the rented vehicle in good condition with a full fuel tank and shall be returned in substantially the same condition, including a full fuel tank as it was delivered except for the normal wear and tear. Should the RENTER return the rented vehicle with less fuel in the tank, corresponding charges shall apply.

2. Prior to the commencement of the rental agreement, the RENTER shall examine the potential vehicle for rent. No rental agreement shall be executed without prior inspection and approval of the RENTER shall be had.

3. The RENTERS shall return the rented vehicle together with the original tires, tools, accessories, equipment and all other items introduced to the vehicle and contained in the vehicle to the COMPANY’s office address following the expiration of rental period or otherwise upon COMPANY’s demand, due to violation of any condition of terms and conditions.

4. If the RENTER fails to return the vehicle upon expiration of the rental period without an approved extension from the COMPANY, the RENTER may be deemed to be in unlawful possession of the vehicle and the COMPANY may refer the matter to the proper authorities.

5. There is no grace period for a late return. Each hour or part of an hour after the scheduled return time is charged at the Hourly Overage Rate shown in the HQ-generated Rental Agreement for that vehicle. Late-return charges are capped at four hourly charges; after four hours, one additional rental day applies.

6. One-way rentals are quoted case by case.

F. INSPECTION OF THE RENTED VEHICLE

1. The COMPANY or any of duly authorized representative may inspect the rented vehicle anytime during reasonable business hours.

2. The inspection shall not only be limited to the exterior of the rented vehicle but may include the interior, tools, tires, and all other items introduced to the vehicle and contained in the vehicle.

G. RENTED VEHICLES shall NOT be operated and used as follows:

1. To carry passengers or property for a consideration express or implied; or use it for hire or sublease.

2. Utilized to tow vehicle or trailer;

3. In motor sports events;

4. To transport goods in violation of customs regulation or in any other illegitimate purpose;

5. By any person under influence of liquor/alcohol or drugs.

6. By any person who does not possess a qualified and valid license.

7. Any employee or fellow employees of the RENTER, if such employee’s or fellow employee’s regular and unusual employment. (need further input, I don’t understand what you mean.)

8. By any other person unless company’s permission is obtained in writing and communicated to the COMPANY.

9. By any driver that has had their license for less than a year or is considered a new or driver in training.

H. LIABILITY FOR LOSS or ACCIDENT

1. For a covered vehicle-damage claim, the RENTER shall pay the deductible or excess shown in the HQ-generated Rental Agreement and all amounts not paid by the insurer. The deductible or excess is not a limit on liability. If coverage is denied, limited or excluded because of the RENTER’s conduct or an Agreement breach, the RENTER remains responsible for the full resulting loss and related costs not paid by an insurer or responsible third party.

2. All repairs due to the abusive use of the RENTER or any damages that may occur during the time that the rented vehicle is in the possession of the RENTER, shall be for the account of the renter.

3. Any loss of the rented vehicle’s accessories, tools, tires, and all other items introduced to the vehicle and contained in the rented vehicle upon turn over, will be charged to the Renter.

4. The COMPANY is not obliged to undertake satisfaction of any claim by RENTER or its passenger outside insurance coverage.

5. Any accident should be immediately reported immediately by the RENTER to the COMPANY. For total loss of vehicle, a 40% of the value of the car shall be imposed as to the charges for the car devaluation against insurance claim.

I. OWNERSHIP OF THE RENTED VEHICLE

1. The vehicle should remain the property of the COMPANY.

2. In the event of default or failure of the RENTER to comply with any of the terms and conditions, the COMPANY reserves the right to immediate repossession or surrender of the rented vehicle, and all the expenses will be borne by the RENTER.

3. The COMPANY has the absolute right to pull-out the rented vehicle at any time and place in case the RENTER failed to renew the rental agreement, pay for outstanding rental fees or defaulted in any terms and conditions as herein stated.

J. REPOSSESSION OF VEHICLE

1. The vehicle may be repossessed at RENTER’s cost and without notice if it is not returned following the end of the rental period.

2. The COMPANY has the absolute right to pull-out the rented vehicle in case the rented vehicle is found to be illegally parked, used in violation of laws or of this terms and condition, appears to be abandoned, if RENTER gave false or misleading information at time of rental, if RENTER cannot be contacted.

3. Upon failure of the RENTER to surrender the rented vehicle to the COMPANY after reasonable time, the rented vehicle may be declared or reported as carnapped.

K. AUTHORIZED DRIVERS

1. The rental and the following validly licensed individuals with RENTER’s permission (“Authorized Drivers”) may operate the vehicle. All other additional Authorized Drivers must appear at the time of the rental and identity be known to the COMPANY.

2. All Authorized Drivers must be 21 to 80 years old and have a valid driver’s license. The minimum age for foreign renters is 21.

3. Additional drivers are charged PHP 500 per day for days 1–7, PHP 400 per day for days 8–14 and PHP 300 per day from day 15 onward. The rate never falls below PHP 300 per day.

4. Child seats are charged PHP 500 per day for days 1–7, PHP 300 per day for days 8–14 and PHP 200 per day from day 15 onward.

5. The RENTER agrees that it shall not allow any of its Authorized Drivers to perform any act that may endanger the driver, passengers or other parties, or damage the rented vehicle.

6. Accordingly, the RENTER shall NOT:

• Allow the use of rented vehicle to be operated by an unauthorized driver.
• Allow the use of rented vehicle in a reckless, willful or wanton negligence.
• Allow the driver to drive rented vehicle while unfit, intoxicated or otherwise under the influence of drugs or other substances which would impair driving ability.
• Allow the use of rented vehicle for any illegal or act of felony including but not limited transportation of drugs or contraband
• Allow the rented vehicle to tow or push anything, to carry persons or property for hire or to engage in a motor vehicle competition.
• Allow the use of the rented vehicle by a driver whose driver’s license was obtained by fraud or misrepresentations.
• Allow use of the rented vehicle along off-regularly maintained or off-limits roadways.
• Allow use of the rented vehicle to carry foul odor, hazardous or explosive substances.
• Allow use of rented vehicle to transport weight in excess of vehicle’s maximum payload capacity/overloading.
• Allow use of the rented vehicle where insufficient clearance of height or width exists.
• Allow use of vehicle to any driver who has no knowledge in operating a stick-shift driven vehicle/manual transmission (if the rented vehicle has manual transmission).
• Allow the use of the rented vehicle which will result in improper loading.
• Allow any person using the rented vehicle to leave the vehicle without removing the keys or close and lock all doors, windows and the trunk of the vehicle.
• Allow the overloading of vehicle or in excess of the person capacity as provided for by law, and shall be compliant to the Child Restraint Laws in case of minor passenger/s.
• Allow the rented vehicle to travel on roads that are not passable, including flooded roads.
• Allow the rented vehicle to leave Mindanao without the COMPANY’s prior written approval. Travel within Mindanao, including Samal and other islands treated by the COMPANY as part of the Mindanao service area, is allowed subject to this agreement and any route-specific conditions.

L. USE OF THE RENTED VEHICLE

1. During the term of this contact, the RENTER shall have possession and the right to use , maintain and operate the rented vehicle in accordance with COMPANY’s terms and conditions and in strict conformity with all laws, decrees, ordinance and any regulations applicable thereto.

2. For LONGTERM RENTAL, the RENTER shall be responsible for the basic maintenance of the rented vehicle, such as but not limited to checking of tires/air, water/coolant, brake fluid etc.

3. For LONGTERM RENTAL, all consumables must be replaced by the RENTER, if it was consumed during the rental period, such as but not limited to fluids, oils, battery/ KEY battery etc.

4. All movable, must be replaced by the RENTER, if it was damaged/lost during LESSEE’S rent, such as tires/car accessories car tools, radio, matting, carpets stickers, and all other items introduced to the vehicle and contained there-in.

5. The RENTER shall not to part with the possession of the rented vehicle or to sublease, sell, deliver, mortgage, pledge, encumber or otherwise dispose of it.

6. The RENTER shall not modify, affix or install or uninstall any device, or accessory on the rented vehicle and shall not make any addition, alternation and /or improvement thereon without the prior written consent of the COMPANY. All additions and improvements of whatever kind or nature made in the rented vehicle shall belong to and become the property of the COMPANY upon the expiration or earlier termination of the rental period.

7. The RENTER shall not cause any repair to or any replacement of any part or subject the vehicle to engine wash without the prior consent of the COMPANY.

8. The RENTED shall not tamper with the rented vehicle’s odometer/speedometer or otherwise alter any part the rented vehicle.

9. The RENTER shall not make or allow any unlawful, improper or offensive use of the rented vehicle. A prohibited use or other breach of this agreement may make the RENTER responsible for resulting loss or damage.

10. Pets are allowed only with the COMPANY’s case-by-case approval based on the animal’s size and the selected vehicle.

M. USE OF DAMAGED VEHICLE

1. The RENTER will not use the vehicle if it is damaged or in need of repair and will be responsible for additional damage caused by continued use.

2. If the original vehicle becomes unsuitable or unavailable, the COMPANY will provide the same class or type, or a free upgrade.

N. TRAFFIC LAW VIOLATION

1. The RENTER shall be liable pay for all fines and penalties to any traffic violation, plus all other costs in connection therewith.

2. The RENTER agrees that in connection with any claimed violations, any information relating to RENTER may be submitted to governmental authorities, and specifically waiving any liability under the Republic Act 10173 or otherwise known as the Data Privacy Act of 2012.

O. RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE

1. Covered vehicle damage is subject to the deductible or excess shown in the HQ-generated Rental Agreement. The RENTER remains responsible for every uninsured, excluded, denied or unrecovered amount arising from damage or loss during the rental, and neither the security deposit nor the deductible or excess limits that responsibility.

2. In case of any damage, the RENTER shall be responsible to contract and report to the COMPANY immediately.

3. The COMPANY may deduct properly chargeable amounts from the security deposit shown in the HQ-generated Rental Agreement, provide an itemized statement of deductions and return the balance after final inspection and audit. The RENTER remains responsible for all amounts exceeding the security deposit. When no damage or other charge applies, the COMPANY will release the deposit nearly immediately after the vehicle is returned and inspected.

4. There is no standard cleaning fee. The COMPANY may charge TEN THOUSAND PESOS (P10,000.00) for exceptional cleaning caused by smoking, foul odors or smelly items inside the vehicle. Excessive cleaning, damage and other exceptional costs may be charged separately when applicable.

5. THE RENTER shall be liable to pay for the price of the dealer of the rented vehicle for key replacement incase of loss or damage of keys.

6. In case of damages caused by the RENTER, aside from liability of the actual damage, the RENTER shall also be responsible for the loss income due to the confinement of the rented vehicle in the repair shop. The RENTER shall be liable for the daily rental rate of the rented vehicle until such has been fully repaired, restored, declared roadworthy and upon approval of the COMPANY.

7. For a lost key, damaged key or a key locked inside the vehicle, the RENTER shall pay the actual amount charged to the COMPANY by the vehicle dealer or service provider for replacement, programming, recovery, duplicate-key delivery and related costs.

P. RENTER RESPONSIBILITY FOR PROPERTY

1. The RENTER is responsible for any property left or stored in the vehicle, shuttle bus, or anywhere at the renting location , no matter who received, stored or handled the property.

Q. RENTER’S INDEPENDENT STATUS

1. The RENTER shall not be considered the agent or the employee of the COMPANY for all intents and purposes.

R. INSURANCE

1. The vehicle is covered by comprehensive insurance for vehicle own damage and theft, subject to the policy terms, limits, exclusions and insurer approval.

2. Medical coverage is not included unless it is purchased as an add-on and shown in the Rental Charges. Any purchased medical coverage remains subject to its stated limit, policy terms and exclusions.

3. For a covered claim, the RENTER shall pay the applicable deductible or excess shown in the Rental Agreement and all amounts not paid by the insurer. The security deposit and deductible or excess are not limits on liability.

4. If an insurer denies, limits or excludes a claim because of an act or omission of the RENTER, any Authorized Driver, passenger or person allowed access by the RENTER, the RENTER remains responsible, to the fullest extent permitted by law, for all resulting vehicle loss or damage, theft, third-party injury or property claims, towing, storage, impound charges, loss of use, diminished value and reasonable recovery or legal costs not paid by an insurer or responsible third party. This includes intoxicated or drug-impaired driving, unauthorized or unlicensed driving, illegal or prohibited use, material misrepresentation, failure to report or cooperate, and any other policy exclusion or Agreement breach caused by the RENTER or a person for whom the RENTER is responsible.

5. Loss-of-use charges continue at the applicable rental rate while the vehicle is unavailable because of a covered or chargeable event, subject to this Agreement and applicable law.

S. ACCIDENT OR COLLISION INVOLVING A THIRD PERSON

1. If another party is involved in the accident and that party is the one responsible/at fault for the cause of the accident then the RENTER must contact the company/owner of the rented vehicle to report the incident immediately. The RENTER must do the following:

• Take pictures of the accident from all angles.
• Photocopy the OR/CR of the other vehicle involved.
• Photocopy the license and other identification of the third party involved.
• Call the police for assistance and accomplishment of a police report.
• Ask the third party involved to sign the LIABILITY FORM attached in the car rental terms and conditions.
• Copy of the comprehensive insurance of the vehicle involved, if any.

2. The Liability form attached to the rental terms and condition states the liabilities of the third party at fault/responsible for the accident.

3. If the party involved in the accident has admitted fault, this will put the RENTER free of the responsibility of payment for damages. However, if the third party responsible escaped liability or does not have the capacity to pay, the RENTER shall answer for the damages.

4. Medical coverage is not included unless purchased as an add-on and shown in the Rental Charges. Any purchased medical coverage remains subject to its stated limit, policy terms and exclusions. The RENTER remains responsible for all excluded, uncovered or excess amounts.

T. EFFECTIVITY

1. The contract agreement between the leased vehicle and the LESSEE is governed by strict rental terms and conditions that will be effective at the very moment the LESSEE accepts the rented vehicle and signs the contract.

U. AMENDMENT, COUNTER PARTS and ADDENDUM

1. Any amendment to the rental agreement shall be done in writing and signed by the parties. Moreover, Rental agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute a single agreement.

V. COURT AND LEGAL FEES

1. In the event that the COMPANY shall be constraint to avail of legal remedies due to the breach of the terms and conditions, the RENTER shall be liable to all legal expenses, including attorney fees and court costs

2. In the event that the COMPANY shall be implicated due to the fault of the RENTER, the latter shall indemnify the former for all legal fees and shall undertake to assume responsibility.

W. VENUE

1. The Venue of all actions, arising from or in connection with any violation of this terms and condition as herein stated, shall EXCLUSIVELY vest at the proper courts of DAVAO CITY, and all other venues being expressly waived.