RENTAL AGREEMENT TERMS &CONDITIONS (full)
THESE TERMS AND CONDITIONS, THE RENTAL CONTRACT SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL CONTRACT, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND THE INDEPENDENT DAVE YORK. LICENSEE, WHICH IS IDENTIFIED ON THE RENTAL CONRACT (“COASTAL CAR RENTAL”).
- NATURE OF THIS AGREEMENT
You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Coastal. No one other than Coastal may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Coastal is void. Neither You nor any Authorized Operators are agents of Coastal. No one may service or repair the Car without Coastal’s prior express approval. COASTAL MAKES NO EXPRESS OR IMPLIED WARRANTIES; INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.
- WHO MAY OPERATE THE CAR
Only You and the following persons, with Your permission (“Authorized Operators”) may operate the Car: (a) For rentals commencing in Dutch St.Maarten and French St.Martin, Your spouse and Your employer, employees and fellow employees incidental to their business duties; (b) For rentals (“Replacement Rentals”) which are designated as replacement rentals on the Rental Contract, any person specifically named as an insured on Your Automobile policy; and (c) for rentals other than Replacement Rentals, any other person who meets Coastal’s qualifications and who signs an Additional Authorized Operator form at the time of the rental or who is authorized under Your Coastal RC number, if any, shown on the Rental Contract. All Authorized Operators must be at least 21 years old and must have a valid driver’s license from a jurisdiction acceptable to Coastal, except that (1) for rentals which commence within the Cruise Facility of Dutch St.Maarten, all Authorized Operators need only be 18 years old and (2) for rentals which commence outside of St.Maarten Cruise Facility, persons operating the Car pursuant to clause (b) above need only be at least 21 years old. For rentals commencing outside of St.Maarten Cruise Facility, if You or an Authorized Operator is under 21 years old (or, in the case of persons operating the Car pursuant to clause (b) above, 21 years old) an Underage Liability Charge will be assessed. Except to the extent necessary for valet parking or in an emergency, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances, which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver. With respect to persons who must sign an Additional Authorized Operator Form, other qualifications may, at Coastal’s discretion, be in effect at the time and place of the rental and, where permitted by law, Coastal may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car.
- RETURN
ORDINARY WEAR DUE TO REASONABLE USE ACCEPTED, YOU MUST RETURN THE CAR TO COASTAL IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVED IT. YOU MUST RETURN THE CAR TO COASTAL BY THE DUE DATE SPECIFIED ON THE RENTAL CONTRACT, OR SOONER IF DEMANDED BY COASTAL. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS, UNLESS AUTHORIZED IN WRITING BY COASTAL. THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL COASTAL HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL COASTAL HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND (B) TIME CHARGES, CHARGES FOR CDW, VT/ PL AND PC, AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON THE RENTAL CONTRACT AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER COASTAL WILL TRY TO CONTACT YOU BY TELEPHONE, IF TO NO AVAIL THEN COASTAL WILL SEND YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN ON THE RENTAL CONTRACT OR OTHER WISE PROVIDED TO COASTAL, COASTAL MAY AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED, THEN COASTAL MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRE-CONDITION FOR COASTAL RECOVERING THE CAR.
IF THE CAR REQUIRES MORE THAN COASTAL’S STANDARD CLEANING ON ITS RETURN, COASTAL MAY CHARGE YOU FOR THE ACTUAL COSTS INCURRED BY COASTAL TO HAVE THE CAR CLEANED.
4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL DAMAGE WAIVERS.
a. EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO COLLISSION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, OR OTHER ACTS OF NATURE OR GOD, REGARDLESS OF FAULT.
b. EXCEPT AS STATED BELOW, YOUR RESPONSIBILTY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR OR ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, AN ADMINISTRATION CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE.
c. YOUR RESPONSIBILTY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS NOT LIMITED BY LAW IN THIS JURISDICTION.
d. IF YOU HAVE ACCEPTED THE OPTIONAL COLLISION DAMAGE WAIVER (“CDW”), WHICH IS NOT INSURANCE, COASTAL WILL NOT HOLD YOU ENTIRELY RESPONSIBLE FOR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e), UP TO AN AMOUNT EQUAL TO THE LESSER OF $975.00 AND ANY DEDUCTIBLE UNDER YOUR OWN AUTOMOBILE INSURANCE THAT APPLIES TO THE DAMAGE SUSTAINED BY THE CAR.
PURCHASE OF CDW OR VT, WHICH ENTAILS AN ADDITIONAL CHARGE, IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. YOUR OWN INSURANCE (OR THAT OF AN AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF AN AUTHORIZED OPERATOR) FOR LOSS OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE OR DECLINE VT OR CDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AND THAT OF ANY AUTHORIZED OPERATOR TO DETERMINE WHETHER THE POLICY AFFORDS COVERAGE FOR LOSS OF OR DAMAGE TO A RENTED VEHICLE ALSO IN A FOREIGN COUNRTY, AND, IF SO THE TERMS AND SCOPE OF SUCH COVERAGE, INCLUDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE.
e. USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5 WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID VT AND CDW AND CAUSE YOU TO BE ENTIRELY RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE.
FOR RENTALS COMMENCING IN DUTCH ST.MAARTEN AND FRENCH ST.MARTIN, THOUGH, IF YOU HAVE ACCEPTED CDW/VT OR LIABILITY THEN YOUR CDW/VT OR LIABILITY WILL BE VOID AND YOU WILL BE ENTIRELY RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR AND ANY HUMAN INJURIES ONLY IF THE LOSS OR DAMAGE OR INJURIES: (i) IS INTENTIONALLY CAUSED BY, OR CAUSED BY THE WILLFUL OR RECKLESS OR WANTON MISCONDUCT OF, YOU OR AN AUTHORIZED OPERATOR; (ii) OCCURS WHILE YOU OR AN AUTHORIZED OPERATOR OPERATES THE CAR WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAWS OF THE ISLAND IN WHICH THE LOSS OR DAMAGE OR INJURY OCCURS; (iii) IS CAUSED WHILE YOU OR AN AUTHORIZED OPERATOR IS ENGAGED IN A SPEED TEST OR CONTEST, IS USING THE CAR TO CARRY PERSONS OR PROPERTY FOR HIRE, OR IS USING THE CAR OFF ISLAND WITHOUT FIRST OBTAINING SPECIFIC WRITTEN PERMISSION FROM COASTAL, WHICH PERMISSION MAY BE WITHHELD IN COASTAL’S SOLE DISCRETION; (iv) IS INCURRED IF THE CAR WAS RENTED AS A RESULT OF FRAUDULENT INFORMATION PROVIDED TO COASTAL BY YOU OR ANY AUTHORIZED OPERATOR, OR AS A RESULT OF FALSE INFORMATION PROVIDED TO COASTAL BY YOU OR AN AUTHORIZED OPERATOR IF COASTAL WOULD NOT HAVE RENTED THE CAR IF IT HAD RECEIVED TRUE INFORMATION; (v) DIRECTLY RESULTS FROM YOU OR AN AUTHORIZED OPERATOR TOWING OR PUSHING THE ANYTHING WITH THE CAR; (vi) OCCURS OUT OF THE USE OF THE CAR IN CONNECTION WITH CONDUCT THAT CONSTITUTES A FELONY; (vii) OCCURS WHILE THE CAR IS INVOLVED IN DRIVER TRAINING ACTIVITY OR WHILE THE CAR IS OPERATED BY ANY ONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; (viii) OCCURS WHILE THE CAR IS OPERATED ON AN UNPAVED ROAD, IF THE LOSS OR DAMGE OR INJURY DIRECTLY FROM THE ROAD OR DRIVING CONDITIONS.
f. YOU GRANT COASTAL A LIMITED POWER OF ATTORNEY TO PRE-SENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER.
5. PROHIBITED USE OF THE CAR
NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY:
a. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR;
b. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR;
c. TAKES OR ATTEMPT TO TAKE THE CAR OVERSEAS TO ANYWHERE ELSE OUTSIDE OF DUTCH ST.MAARTEN OR FRENCH ST.MARTIN. EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT;
d. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE WHEN OVER-LOADED, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, LEAVING THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK;
e. USE OR PERMIT THE USE OF THE CAR BY ANYONE:
1) WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCIHOL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY;
2) FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND;
3) TO TOW OR PUSH ANYTHING;
4) IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION;
5) IN DRIVER TRAINING ACTIVITY;
6) TO CARRY PERSONS OR PROPERTY FOR HIRE (I.E., FOR A CHARGE OR FEE);
7) IF THE CAR HAS BEEN OBTAINED FROM COASTAL BY FRAUD OR MISREPRESENTATION; OR
8) TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSE INCIDENTAL THERETO;
ANY USE OF THE CAR IN A MANNER PROHIBITED ABOVE;
i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILTY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE ACCEPTED CDW;
ii. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBILE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO COASTAL CAUSED BY THE BREACH, TOGETHER WITH COASTAL’S RELATED COSTS AND ATTORNEY’S FEES.
6. PAYMENT OF CHARGES
You and any person, corporation or other entity to whom, with Coastal’s consent, You expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all Charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to late payment fee. You may also be charged a fee for any check used for payment of Charges that is returned to Coastal unpaid or for any credit, charge, debit/check or stored value/prepaid/gift card charges, which are not honored by the card issuer. Payment for all Charges are due at the completion of the rental in cash or by a credit card, charge card, debit/check card or other device acceptable to Coastal; however, special rules may apply for rentals which are paid for with pre-paid vouchers or coupons – see below. You may be required to present a credit, charge or debit/check card at the commencement of the rental and to agree to permit Coastal to bill Charges to that card. Stored value/prepaid/gift cards are not, and debit/check cards may not be, acceptable to qualify for rental, but both types of cards may be used for payment at return. Charges not known to Coastal at the completion of the rental are payable by You, or by the person, corporation or the entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit/check card presented at the time of rental, even if cash, another credit, charge or debit/check card or a stored value/pre-paid/gift card, was used to pay for charges at the completion of the rental. The payment of Charges by use of credit, charge, debit/check or stored value/ prepaid/gift card is governed by the terms of Your agreement with the card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE COASTAL TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF THE RENTAL IN AN AMOUNT THAT IS UP TO $200 GREATER THAN THE ESTIMATED CHARGES. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY FOR A RENTAL, COASTAL WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER COASTAL RECEIVES THIS AUTHORIZATION. IF THE AUTHORIZATION OBTAINED AT THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASE THE EXCESS. COASTAL WILL PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. Coastal may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge, debit/check or stored value/prepaid/gift card, You authorize Coastal to correct the Charges with the card issue. Coastal will notify You of any correction.
7. COMPUTATION OF CHARGES
- TIME CHARGES are computed at the rates specified on the Rental Contract for days, weeks, months, extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24-HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL CONTRACT. The extra hours rate shown on the Rental Contract is charged for each full or partial hour in excess of a rental day until such hours’ charges equal the daily rate specified on the Rental Contract for an extra day. Extra hours are only charge if the Car is returned 30 minutes or more beyond the start of a new rental day; however, as stated in Paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL CONTRACT APPLICABLE TO SPECIAL RATES, COASTAL’S OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED.
b. A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented.
c. CDW and VT charges, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Contract.
d. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIPORT, CRUISE FACILITY AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered as and where required or permitted by applicable law.
e. RECOVERY EXPENSE consist of all cost of any kind incurred by Coastal in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.
f. COLLECTION EXPENSE consist of all costs of any kind incurred by Coastal in collecting Charges from You or the person, corporation or other entity to whom they are billed, including but not limited to all attorneys’ fees and court costs.
g. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Coastal resulting from the Car by You, any Authorized Operator or any other operator with Your, his or her permission.
i. Charges will continue to accrue until the Car is returned to Coastal or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurred and to Coastal.
8. REFUELING OPTIONS
Most Coastal rentals come with a full tank of gas, but that is not always the case. There are three refueling options:
(1) IF YOU DO NOT PURCHASE FUEL FROM COASTAL AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Coastal a charge for fuel.
(2) IF YOU DO NOT PURCHASE FUEL FROM COASTAL AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WHAT WAS IN IT WHEN YOU RECEIVED IT, Coastal will charge You a Fuel and Service Surcharge at the applicable per 1/8 rate specified in all enterprises.
(3) IF YOU CHOOSE TO PURCHASE FUEL FROM COASTAL AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Contract for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE SURCHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN.
THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN THE FUEL AND SERVICE SURCHARGE. BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT A LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE SURCHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE SURCHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN.
9. RESPONSIBILITY FOR PROPERTY
YOU AGREE THAT COASTAL IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANY ONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR
THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY COASTAL’S NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST COASTAL, ITS AGENTS, EMPLOYEES OR AFFILIATES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY COASTAL VEHICLE OR BROUGHT ON COASTAL’S PREMISES, CAUSED BY YOU OR ANY AUTHORIZED OPERATORS, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY COASTAL’S NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD COASTAL HARMLESS FROM ANY CLAIM AGAINST COASTAL FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT.
10. ACCIDENTS, THEFT AND VANDALISM
You must promptly and properly report any accident, theft or vandalism involving the Car to Coastal and to the police in the jurisdiction in which such incident takes place (French or Dutch police). You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receives papers relating to such an incident, those papers must be promptly given to Coastal. You and any Authorized Operators must cooperate fully with Coastal’s investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION, CDW AND VT. You and any Authorized Operators authorize Coastal to obtain any records or information relating to the incident, irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.
11. LIMITS ON LIABILITY
a. Coastal will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.
b. You understand and agree that it is improper for You to file a lawsuit concerning this Agreement against any entity other than Coastal.
12. PARKING AND TRAFFIC VIOLATIONS/TOLLS/PRIVACY
a. You will be responsible for and pay all parking or traffic violation fines and penalties, all towing, storage and impoundment fees, and all tolls charged to the Car by You or with Your permission. You agree to pay same and indemnify and hold Coastal harmless if Coastal pays or is required to pay same. You also agree to reimburse Coastal for all its related collection and other expenses, including an administrative fee related to the cost of collection or to the cost of providing information about You to a court or governmental agency in connection with any parking or traffic violations.
13. WAIVER OR CHANGE OF TERMS/GOVERNING LAW
a. No term of this Agreement may be waived or changed except by writing signed by an expressly authorized representative of Coastal. Rental representatives are not authorized to waive or change any term of this Agreement.
b. This Agreement shall be governed by the substantive law of the island of St.Maarten, without giving effect to the choice of laws rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in the island of St.Maarten.
WARNING: YOU MUST REMOVE KEYS, LOCK ALL DOORS, CLOSE ALL CAR WINDOWS AND THE TRUNK WHEN LEAVING THE CAR OR INSURANCE COVERAGE WILL NOT APPLY, IN WHICH CASE YOU WILL BE RESPONSIBLE FOR ANY LOSS.
E-mail: info@coastalcarrental.com
