Car Rental Agreement
This Car Rental Agreement is entered into between _______________________ (“Owner”),
Shareen Seykota (“Owner’s Agent”), and __________________________________ (“User”) (collectively the “Parties”) and outlines the respective rights and obligations of the Parties relating to the sharing and use of a car.
1. IDENTIFICATION OF THE VEHICLE
Owner hereby agrees to allow use to User a passenger vehicle identified as follows:
(hereinafter referred to as “Vehicle”).
2. TERM OF USE
The term of this Car Use Agreement runs from the date and hour of vehicle pickup as indicated just above the signature line at the bottom of this agreement until the return of the vehicle to Owner, and completion of all terms of this agreement by both Parties. The estimated term is as follows:
Estimated start date: __________________________________________________
Estimated end date: ___________________________________________________
The Parties may shorten or extend the estimate term of use by mutual consent.
3. SCOPE OF USE
User or any Passengers will not smoke in the Vehicle. User will drive the Vehicle only for personal or routine business use, and operate the Vehicle only on properly maintained roads and parking lots, ie, not on unpaved roads. User will comply with all applicable laws relating to holding of licensure to operate the vehicle, and pertaining to operation of motor vehicles. User will not sublease the Vehicle or use it as a vehicle for hire. User will not take the vehicle on the road from Kipahulu through Kaupo. Please bear in mind the low clearance of this vehicle when crossing roads with flooding.
User will not allow any other person to operate the Vehicle unless identified here:
Primary vehicle operator: ______________________________________________
DL # _________________________
Additional vehicle operator: ____________________________________________
4. RENTAL FEES
User will pay to Owner’s Agent User Fees for use of the Vehicle as follows:
Base fee: __________ per _______________
If vehicle is left excessively dirty, a fee of ________ will be withheld from the Security Deposit.
5. SECURITY DEPOSIT
User will be required to provide a security deposit to Owner’s Agnet in the amount of ___________ (“Security Deposit”) to be used in the event of loss or damage to the Vehicle during the term of this agreement. Owner’s Agent may, in lieu of collection of a security deposit, place a hold on a credit card in the same amount. In the event of damage to the Vehicle, Owner or Owner’s Agent will apply this Security Deposit to defray the costs of necessary repairs or replacement. If the cost for repair or replacement of damage to the Vehicle exceeds the amount of the Security Deposit, User will be responsible for payment to the Owner or Owner’s Agent of the balance of this cost. Damage includes minor dents, all scratches, damage to windshield or headlights, loss of hubcaps or keys, rips or tears in carpeting or upholstery or ceiling. Loss or moderate damage to straps for the roof rack will result in $45 deduction from the Security Deposit.
6. INSURANCE AND ACCIDENTS
Owner to provide auto insurance to cover damages to the vehicle. Car registration and insurance are located in the glove compartment, along with the owner’s manual. Accidents are to be reported to Owner’s Agent, Police and Insurance Company within 24 hours. If User reports an accident to the insurance company, the User will identify his/her self as a friend of the Owner.
Repair costs in excess of ______ are to be paid by the User. Any increased premium rates placed on the policy due to User’s accident or misuse are to be paid by the User for two years. If the Owner’s insurer refuses to meet a claim as a result of any action by the User causinging the insurer to void the claim (ie, drunk driving, invalid license, negligence) then the User shall be responsible for the claim, or claims, in their entirety.
7. MAINTENANCE AND REPAIR
Routine Maintenance. The vehicle will be serviced according to the service manual by Owner’s Agent. The Owner is responsible for routine service costs, including mechanical failure due to normal usage for which the vehicle was designed. The User is to contact the Owner’s Agent if the vehicle needs service, as indicated by a performance issue or if service light on dashboard indicates service. (Unless tire pressure indicates a need to check the tire pressure:(tire pressure gauge is available in the glove compartment). The User is responsible for any costs incurred that can be attributed to neglect or misuse of the vehicle. (See #6 above). 24 Hour Roadside Assistance is provided by Kar Mart, the company where the vehicle is serviced in Kihei. The phone number is indicated on the sticker on the windshield.
User agrees to indemnify, defend, and hold harmless the Owner, and Owner’s Agent for any loss, damage, or legal actions against Owner as a result of User’s operation or use of the Vehicle during the term of this Car Use Agreement. This includes any attorney fees necessarily incurred for these purposes. User will also pay for any parking tickets, moving violations, or other citations received while in possession of the Vehicle.
9. REPRESENTATIONS AND WARRANTIES
Owner represents and warrants that to Owner’s knowledge, the Vehicle is in good condition and is safe for ordinary operation of the vehicle. User represents and warrants that User is legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner. User has been given an opportunity to examine the Vehicle in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the vehicle other than that notated by separate Existing Damage sentence below.
10. JURISDICTION AND VENUE
In the event of any dispute over this agreement, this Car Use Agreement will be interpreted by the laws of the State of Hawaii and any lawsuit or arbitration must be brought in the Count of Maui of the State of Hawaii If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
11. ADDITIONAL STIPULATIONS
This Car Use Agreement constitutes the entire agreement between the Parties with respect to this rental arrangement. No modification to this agreement can be made unless in writing signed by both Parties. Any notice required to be given to the other party will be made to the contact information below.
DATE OF VEHICLE PICKUP: _________ TIME: __________________
RENTER ADDRESS: _____________________________________________________________________
RENTER PHONE: __________________________________________
RENTER EMAIL: ___________________________________________
673 Ka’ae Road
Wailuku, HI 96793