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Sample Car Rental Agreement

1 Your contract with the provider
When you come to pick up the vehicle, a rental agreement will be presented to you at the provider’s office and you need to accept the conditions set out in this rental agreement.

Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask any member of their staff at the place you rented the vehicle from. This is for illustration purposes only. The actual agreement may slightly vary from this. However, if you agree the following terms and conditions, you will be comfortable with the actual agreement as well.

2 Rental Period
You will have the vehicle for the rental period shown in the agreement. We may agree to extend this rental period but the rental period may never be more than 30 days. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We can charge you for every day or part-day you have the vehicle after you should have returned it to us. Until we get the vehicle back we will charge you the daily rate published at the place you have rented the vehicle from.

3 Your responsibilities
a. You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must always make sure that you use the correct fuel.

b. You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges or low branches.

c. You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.

d. You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.

e. You must let us know as soon as you become aware of a fault in the vehicle.

f. You must bring the vehicle back to the place we agreed, during the opening hours displayed at that place. One of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of staff.

g. You will have to pay for reasonable costs of repair if:

• we have to pay extra costs to return the vehicle to its condition when the pre- rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre- rental condition); or
• the vehicle has been damaged internally or externally whilst in your care.

h. Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.

i. You are responsible for any loss or damage to additional equipment hired at the time of rental, including but not limited to satellite navigation equipment, baby seats etc if available on the vehicle provided.
4 Our responsibilities
We have maintained the vehicle to at least the manufacturer recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Also, if you are not renting the vehicle for business purposes, we are responsible for loss caused by:

• the vehicle not being fit to drive; or
• us not having the legal right to rent out the vehicle.
• We are responsible if someone is injured or dies as a result of our negligence, act or failure to act. We are also responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of opportunity).

5 Property
We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of contract.

6 Conditions for using the vehicle
The vehicle must only be driven by you and any other driver named over the reservaton form, or by anyone else we authorize in writing. Anyone driving the vehicle must have a full valid driving license.

You or any other authorized driver must not:

• use the vehicle for hire or reward;
• use the vehicle for any illegal purpose;
• use the vehicle for racing, pace-making, testing the vehicle reliability and speed or teaching someone to drive;
• use the vehicle while under the influence of alcohol or drugs;
• load the vehicle beyond the manufacturer maximum weight recommendations and make sure that the load is secured safely;
• if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator license if you do not have one.
• you must not use the vehicle or allow it to be used off road or on roads unsuitable for the vehicle;
• you must not drive in restricted areas including, but not limited to, airport service roads and associated areas;
• you must not use the vehicle for driver training activities;
7 Towing
You or any other authorized driver must not use the vehicle for towing unless we have given you written permission.

8 Charges

We will work out our charges using our current price list, as published over our website or as agreed in the agreement.

You will pay the following charges.

a. The rental and any other charges we work out according to this agreement.

b. Any charge for loss or damage resulting from you not keeping to condition 3.

c. A refuelling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the original rental. The charge will be based on the rated printed on this rental agreement or at the place you rented the vehicle from (or both).

d. All fines, court costs and intended prosecutions for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. All fines and intended prosecutions incurred will attract reasonable administration charges which arise when we deal with these matters.

e. The reasonable cost of repairing any extra damage which was not noted on our vehicle check form at the start of the agreement, whether you were at fault or nota and the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have, if and when we demand this payment.

We will only charge you for loss of income if we can get back the losses under the Insurance Policy. We will charge you at the published daily rate and we will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.

f. A loss of income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, it is a write off (can't be repaired) or it has been stolen and we are waiting to receive full payment of the vehicle's value.

g. Interest which we will add every day to any amount you do not pay us on time, at the rate agreed.

h. Value added tax and all other taxes on any of the charges will be added as appropriate.

You are responsible for all charges, even if you have asked someone else to be responsible for them.

9. Our insurance and damage protection policy
If we arrange separate insurance, we will give you separate information on the insurance cover and any restrictions which may apply. Otherwise, the conditions of our insurance policy will apply. By signing the agreement over the page you are accepting the conditions of our insurance policy.

a. We have a legal responsibility to have third party insurance, this provides cover for claims made if you injure or kill anybody, or damage their property

b. We will provide cover for loss or damage to the vehicle if you have initialled the box marked Loss/Damage waiver over the reservation form. If you accept this, you still have to pay an amount up to the excess every time you damage the vehicle.

c. We will provide cover for theft and damage to the vehicle caused during an attempted theft if you have initialled the line marked Theft of rented vehicle over the form. If you accept this, you still have to pay an amount up to the excess if the vehicle is stolen.

d. We will provide personal accident insurance and personal belongings insurance if you initialled the appropriate line over the form. You can get details of our insurance and damage protection policy (including the main exclusions) from the office you rented the car from.

10 Your own insurance
If we have agreed as indicated under insurance details over the foro, you may arrange your own insurance for the full duration of the rental as long as you can prove that this insurance is valid and have signed to confirm over the form. We have to agree to the amount of cover you arrange, the type of policy and the insurer you have chosen.

We must be satisfied with the cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about whether the vehicle can be repaired or what compensation is due to us. You are financially responsible for settling the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or a claim as made by any other party.

11 What to do if you have an accident
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:

• make the vehicle secure;
• tell the police straight away if anyone is injured or there is a disagreement over who is responsible; and
• call the office from which you rented the vehicle, straight away. You must then fill in our accident report form and send it to our address.

12 Ending the agreement

a. If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet any of the conditions of this agreement.

b. If you are a company, we will end this agreement straight away if:

• you go into liquidation;
• you call a meeting of creditors;
• we find out that your goods have been taken away from you until you pay off your debts; or
• you do not meet any of the conditions of this agreement.

c. If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle (and charge you a reasonable amount) without using unreasonable force or causing damage.

13 Governing law
This agreement is governed by the laws of Sri Lanka in which it is signed. Any dispute may be settled in the courts of Sri Lanka.

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