Terms and Conditions
Read everything about Car Rental Davao’s terms and agreement below
- To pay in accordance with stipulation and computations;
- That on rentals longer than 2 weeks, the Company reserves the right to inspect the vehicle at any time require the renter to present the vehicle to the officer of the company upon thereof;
- The failure to the renter to pay the obligation after the expiration of this agreement shall make them him liable for the payment of 36% interest per annum without need of any demand;
- That in case the renter’s obligation is referred to a lawyer, venue will be Davao City and its hereby agreed that all Attorney’s fees shall be paid by the renter.
- Failure to pay the rental of the motor on agreed data the lessor has the right to pull out the vehicle at any time and place hereof.
That said, vehicle should not be operated in the following cases:
i. To carry passengers or property for a consideration express or implied;
ii. By any person who has given the company a fictitious name, false age, false identification or false age of address;
iii. To proper or tow vehicle or trailer;
iv. In motor sports events;
v. To transport goods in violation of customs regulation or in any other illegal manner;
vi. By any person under influence of liquor/alcohol or drugs and further that the vehicle will be operated only the renter or by a duly qualified license driver. 25 years of age or older, and provide Company’s first be obtain in writing, if the vehicle should be used.
- Any employee or fellow employees of the renter in the course if such employee’s or fellow employee’s regular and unusual employment.
- By any other person unless company’s permission is obtained in writing.
- By any driver that has had their license for less than a year or is considered a new or driver in training.
LIABILITY FOR LOSS ACCIDENT:
That in case of damage to the vehicle due to accident, the first P5, 000.00 costs of repairs shall be the Renters liabilities. All repairs due to the abusive use shall be for the account of the renter. Any loss of the car’s accessories, tools, tires, will be charged to the Renter. The Company is not obliged to undertake satisfaction of any claim by Renter or its passenger outside insurance coverage. Any accident should be immediately reported by the Renter to the Company. For total loss of vehicle 40% of the value of the car shall be imposed as to the charges for the car devaluation against insurance claim.
RELEASE AND RETURN:
That the Renter received the vehicle in good order and condition and shall be returned on substantially the same condition it was delivered except for the normal wear and tear;
That the renter will return the said vehicle together with the original tires, tools, accessories and equipment to the Company’s office address or as otherwise or sooner, upon the demand of the Company.
Upon violation of any condition of this contract, Company may demand the return of the vehicle.
That the vehicle should remain the property of the Company in case by default of the renter on any of the terms, the Company reserves the right to immediate repossession of the vehicle and all the expenses will be borne by the renter, the company has the aback right to pull out the rented vehicle at any time and place in case the renter failed to renew the contract and failed to pay the obligations.
Company or its duly authorized representative may inspect the vehicle anytime during business hours.
Vehicles which include tires, tools, equipment, accessories and vehicle documents do not belong to LESSEE. It is delivered to LESSEE for rental purposes only and is in good operating condition. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT.
i. It is understood between the parties that the LESSOR is not the manufacturer or supplier thereof. The LESSEE hereby assumes full responsibility for the selection of the equipment, and the LESSOR 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. Any claims of the LESSEE in connection with the manufacturer’s warranties, conditions or guarantees shall be made directly to the LESSEE against the manufacturer or supplier who shall be solely liable thereof. In this respect, the LESSOR hereby authorizes the LESSEE to submit any said claim against the manufacturer or supplier on its behalf.
LESSEE will return the vehicle in the same good operating condition to the place on the due back date specified, or sooner upon demand. Customer is responsible for the whole rental period payment stated on the rental agreement. AT THE TIME OF RETURNING THE VEHICLE, LESSEE WILL NOT RECEIVE CREDIT FOR ANY UNUSED RENTAL TIME.
i. The term of this contract commences from the date of the DELIVERY AND ACCEPTANCE of the “equipment” to the LESSEE and ends on the date specified. Such Delivery and Acceptance Date for all purpose be all conclusively presumed to be the actual, true and correct date of Delivery And Acceptance by the LESSEE.
ii. In case of termination/cancellation of this contract agreement by the LESSEE before agreed end date of this contract, the LESSOR has all the rights to forfeit any amount unused or paid by the LESSEE including the security deposit, this will all fall as penalty and damage to the LESSOR by the LESSEE.
iii. Reservation in case the LESSEE cancel the reservation made, the LESSOR has all the rights to forfeit the RESERVATION FEE paid by the LESSEE.
REPOSSESSION OF VEHICLE:
The vehicle may be repossessed at LESSEE’s cost and without notice if it is not returned on the due back date, is illegally parked, used in violation of laws or of this agreement, appears to be abandoned, if LESSEE gave false or misleading information at time of rental, if LESSEE can’t be contacted, or the vehicle will not be or is not returned on the stated due date, the vehicle will be reported as car nabbed.
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 be named on the face of this Agreement. All Authorized Drivers must have a valid driver’s license. Other qualifications and charges may be in place at the time of the rental.
i. The LESSEE agrees that it shall not allow its Qualified and Authorized Drivers to perform any act that may endanger the driver and his passengers and other parties or put in danger the condition of the leased vehicle. Accordingly, the LESSEE shall not:
- Allow use of vehicle by an unauthorized driver
- Allow use of vehicle in a willful or wanton manner
- Allow driver to drive vehicle while intoxicated or under the influence of drugs or other substances which would impair driving ability.
- Allow use of vehicle for any act of felony including transportation of drugs or contraband
- Allow vehicle to tow or push anything, to carry persons or property for hire or to engage in a speed contest
- Allow use of driver’s license if obtained by fraud or misrepresentations
- Allow use of vehicle along off regularly maintained roadways
- Allow use of vehicle to carry hazardous or explosive substances
- Allow use of vehicle to transport weight in excess of vehicle’s maximum payload capacity/overloading
- Allow use of vehicle where insufficient clearance of height or width exists
- Allow use of vehicle to any driver who does not know how to operate a stick shift driven vehicle/manual transmission (if vehicle has manual transmission)
- Allow use of vehicle which will result in improper loading
- Allow anyone using the vehicle to leave the vehicle without removing the keys or close and lock all doors, windows and the trunk of the vehicle
- Allow use of vehicle when there are more passengers to occupy the vehicle than there are seat belts and/or it will violate the Child Restraint Laws
- Allow use of vehicle to transport good in violation of customs regulation or other illegal manner
- Allow to travel to areas where roads are not passable for vehicle, especially flooded and to inter island trips
- Allow use of vehicle driver who cause(d) damage to the vehicle or cause personal injury or property damage to others as result of reckless misconduct.
- Allow use of vehicle outside Davao City if the vehicle has been rented for Davao City usage only. Lessor will charge penalty and provincial PHP2500 charges If the vehicle has been brought outside of the allowed area stated in the Rental Agreement.
During the term of this contact, the LESSEE shall have possession and the right to use , maintain and operate the equipment in accordance with the terms and conditions of LESSOR’s terms and condistions and in strict conformity with all laws, decrees, ordinance and any regulations applicable thereto.
i. For LONG RENTAL the LESSEE must perform basic maintenance of the equipment being leased, such as checking of tires/air, water/coolant, brake fluid etc.
ii. For LONG RENTAL All consumable must be replaced by the LESSEE, if it was consumed during the LESSEE’S rent, such as fluids, oils, battery/ KEY battery etc.
iii. All movable, must be replaced by the LESSEE, if it was damaged/lost during LESSEE’S rent, such as tires/car accessories car tools, radio, matting, carpets stickers etc.
- The LESSEE not to part with the possession of the Equipment or to sublease, sell, deliver, mortgage, pledge, encumber or otherwise dispose of the Equipment.
- The LESSEE shall not affix or install or uninstall any device, or accessory on the Equipment and shall not make any addition, alternation and /or improvement thereon without the prior written consent of the LESSEE all additions and improvements of whatever kind or nature made in the Equipment shall belong to and become the property of the LESSOR upon the expiration or earlier termination of this Contract.
- The LESSEE shall not make or allow any unlawful, improper, or offensive use of the Equipment or any use thereof, for purpose, which are not permitted under this Contract. In case of any violation of this condition, the LESSEE shall reimburse the LESSOR as a result thereof, including the payment of any fine, costs and penalty which may be upon the LESSOR.
LESSEE will not use the vehicle if it is damaged or in need of repair and will be responsible for all damage of the Vehicle resulting from such use.
TRAFFIC LAW VIOLATION:
LESSEE will pay for all fines and penalties to any traffic violation, plus all costs incurred in the event Renter fails to make such. LESSEE agrees that in connection with any claimed violations, any information relating to Renter may be submitted to governmental authorizes.
RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE:
LESSEE is responsible for the FULL VALUE regardless of fault . Whatever brakes in the rented vehicle is the LESSEE’s responsibility to fix/restore back to original. In case of any damage, LESSEE is responsible to contract and report to the LESSOR. In case of any damage, the LESSOR shall not return the LESSEE’s security deposit unless all the vehicle damage has been fixed or restored and approved by the lessor.
i. Flat tires: Lessee will pay for exactly the same tire.
ii. Smoking or bringing durian inside the vehicle: Customers will pay PHP10000 for cleaning costs.
iii. Lost keys: Customers will pay dealership price for REPLACEMENT SPECIALLY FOR REMOTE KEYS/key duplication(s).
iv. Any other damages: Customers will pay all costs and full daily rental rate until the vehicle has been fixed or restored to the original condition and approved by the LESSOR.
v. For lost key/or locked inside the vehicle: Car Rental Davao carries 24 hour roadside assistance on vehicles and contact information is provided to LESSEE. If LESSEE requests for us to provide the duplicate we have certain charges depending where the vehicle is located. Provincial P20,000.00 plus the gasoline back and forth, Davao City P5,000.00 plus gasoline back and forth.
RENTER RESPONSIBILITY FOR PROPERTY:
LESSEE 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.
LESSEE will pay no demand all charges due under this Agreement, even if LESSEE indicated that someone else or that some company will pay for the charges. LESSEE consents to the reservation of credit, by a credit card issuer, up to the amount of the estimated charges due under this RENTAL Agreement and authorized the renting location to process a credit card voucher, if applicable , in LESSEE’s name, for all charges due in this agreement. All charges are subject to final audit. If and error is found, either party will promptly pay or credit the other, as appropriate, to correct the error. LESSEE will pay interest at the highest rate permitted by law on any past due charges and will also pay any and all collection costs, including reasonable attorney’s fees. LESSEE will pay the LESSOR PHP5000 as a security deposit prior to rental period commences.
Shall pay the rental and others amounts, free and clear of and without deduction for or withholding of any and all future Philippines taxes, duties and charges.
LESSEE is responsible for returning the vehicle with as much fuel in the tank as when received. If the LESSEE returned the vehicle with less fuel than we supplied it with, a fuel charge applies. LESSOR determines how much fuel is needed to refill the tank and the rate of the fuel.
FAILURE TO RETURN VEHICLE:
If LESSEE fails to return the vehicle on the due date and time without a permitted extension from the Lessor. LESSEE will be deemed to be in unlawful possession of the vehicle and to have authorized the insurance of a warrant for the arrest of the LESSEE or any person possessing the vehicle.
LESSEE will not permit any repair to or any replacement of any part on the vehicle without the prior content of the LESSOR. LESSEE will not tamper with the vehicle odometer/speedometer or otherwise alter the vehicle. LESSEE agrees to pay for all such unauthorized repairs and parts. LESSEE agrees will not do engine wash.
LESSEE will pay all cost including attorney fees and court costs, incurred by the renting location. Lessor will defend and indemnify these parties from all claims, demands and law suits resulting from issuance of a warrant for the arrest of the LESSEE or any person operating the vehicle; any location by the renting location, including self-help, used to get the vehicle back, or otherwise enforce the terms of the agreement and any action against the renting location and lessor resulting from LESSEES’s breach of this agreement.
The LESSEE acknowledges that prior to the making of this lease, the LESSEE has examined the equipment and has found the same to be in good condition and repair.
LESSEE’S INDEPENDENT STATUS:
Shall not be considered the agent or the employee of the renting location and LESSOR for any purpose or whatsoever
CHANGES TO AGREEMENT:
LESSEE agrees to everything stated on both sides of the rental agreement which is the entire agreement between the parties. LESSEE agrees that the rental agreement can only be changed in writing and if by signed or by initialed by both the renting location and the LESSEE.
The OBLIGATION of the LESSEEto pay the rental and other amounts payable as provided herein is absolute and unconditional and shall not be subject to any abatement whatsoever or to any defenses. Set-off, counterclaim, loss or destruction of the equipment, or any liability or expenses occasioned by any reason of any interruption from whatever cause in the use, operation or possession of the equipment.
The LESSEE warrants that the equipment shall be used only in the Philippines and that the equipment shall not be transferred or moved to any other place without the prior written consent of the lessor.
The Rental for each and every property described in the above mentioned contract shall be the amount specified unless adjusted pursuant to this agreement.
LESSEE shall pay the rental and other amounts free and clear of and without deductions for or withholding of any and all future Philippines taxes, duties and charges.
The contract states where the unit can be driven. If the rental area states Davao, the LESSEE understands that the unit can’t be driven outside Davao City. In case of this violation the lessee authorizes the lessor to charge provincial rate added with a 20% penalty for contract violation.
The vehicle is covered by a Comprehensive Insurance for Vehicle’s Own Damage and Theft. The vehicle is also covered by medical damages of PHP100,000.00 per accident.
If the damages to or caused by the rented vehicle is more than what the insurance can pay the LESSEE will shoulder the rest of fee/payment to restore the vehicle back to the original condition as it was delivered to the LESSEE, as approved by the LESSOR.
If the rented vehicle has been lost/car nabbed or in any case that the LESSEE can’t return the vehicle then the LESSEE is responsible for the whole amount of the rented vehicle, it’s based on the selling price of the vehicle at the time of the lost/accident.
Total wreck-if the rented vehicle has been damaged severely that it can’t be fixed, the LESSEE is responsible in paying the whole amount of the rented vehicle based on the selling price on the time of the accident/police report date.
The LESSEE will also shoulder the daily rental fee of the said vehicle; the daily rate is based on the contract agreement signed.
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 LESSEE 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
- Photocopy the OR/CR of the vehicle involved
- Photo copy the license and other identification of the party involved
- Call the police to secure a police report
- Ask the party involved to sign the LIABILITY FORM attached in the car rental terms and conditions
- Copy of the comprehensive insurance of the vehicle involve
Liability form: It’s a form that’s attached to the rental terms and condition stating the liabilities of the party at fault/responsible for the accident, It is a must to sign the liability form if; and only if the renter is not the one at fault in the accident in the party involved is there accepting for responsibilities and not running away.
If the party involved in the accident is accepting the responsibilities/fault of the said accident it is a must that there insurance should be the one to shoulder all the expenses/fixing charges restore the rented vehicle back to its original as approved by the LESSOR.
If the renter/client of the rented vehicle is not the one at fault of the said accident and the other party is there accepting all the liabilities this will automatically put the LESSEE out of the responsibility of paying the said damages.
If the accident is not the LESSEE’s fault but the party responsible run away/took off on the scene on the accident/unable to pay/doesn’t have the capacity to pay then all the damages must be shouldered by the LESSEE.
The contract agreement between the leased vehicle and the LESSEE is governed by a strict rental terms and conditions that will be effective at the very moment the LESSEE accepts the rented vehicle and signs the contract.
This agreement is between the LESSEE of the leased vehicle and the LESSOR, and the LESSOR has every right to demand to the LESSEE that the vehicle must be return the same condition as it was delivered.
Personal Accident: If the LESSEE is involved in an accident and responsible for human injury, it is the sole responsibility of the LESSEE to shoulder/pay all the expenses for the injury, hospitalization or any other charges incurred due to the accident.
The LESSOR of the rented vehicle can’t be charged for human injury for such an accident.