RENTAL TERMS OF AGREEMENT
- VEHICLE: THE Rented Vehicle includes the tires, equipment, accessories, and documents (“Vehicle”). The Vehicle provided by EDSHEIL is in good condition and may be operated by “Authorized Drivers.”
- AUTHORIZED DRIVERS: Only the Renter and the following people who are age 25 have a valid driver’s license and have Renter’s permission to operate the Vehicle are “Authorized Drivers”
- Renter’s spouse
- Renter’s employer, employees, or co-workers while engaged in a business activity with renter and
- “Additional Driver” named on the front of this Agreement.
- USE RESTRICTIONS: The Vehicle will not be operated by anyone.
- Who is not an Authorized Driver.
- Who allows more passengers to occupy the Vehicle then there are seat belts and child restraint laws;
- Off regularly maintained and paved roadways;
- Travels to Banawe, Mt. Province and other areas where roads are not passable for cars or vans especially flooded and lahar areas and ferry the rented vehicle out of Luzon Island;
- Transport goods in violation of customs regulation or in any other illegal manner;
- Who leaves the Vehicle and fails to remove the keys and close and lock all doors, windows and the trunk, or who otherwise aids in vandalism or the thief of the Vehicle;
- Who does not know how to operate a manual transmission (if vehicle has manual transmission).
- When continued operations of the Vehicle is likely to cost damage to the Vehicle to low or push anything, to carry people or property for hire or carry hazardous or explosive substances, to engage in a face or speed contest.
- To transport weigh exceeding the maximum capacity or where there is insufficient clearance of height or width;
- If the vehicle is obtained upon the basis of false or missing information;
- Who damage the vehicle or cause property damage to others as a result of reckless misconduct ;
- While intoxicated or under the influence of any substance that impair driving ability;
- During the commission of a fetony or for the transportation of illegal drugs or contraband.
- VEHICLE COLLISION/LOSS AND DAMAGE: Renter is responsible for all loss of damage to the Vehicle plus EDSHEIL loss of use and related expenses, regardless of fault, except for loss or damage caused by acts of God or accidental fire that is not the result of a collision RENTER MAY AVOID OR LIMIT THIS RESPONSIBILITY BY PURCHASING A COLLISION/loss damage (CLDW) if Renter buys CLDW and there us no violation of a Use Restriction (paragraph 3), liability shall be limited to the first US dollar 70. IF THERE IS VIOLATION OF A USE RESTRICTION, ANY DAMAGE LIMITATION IS REDUCED TO ZERO AND RENTER IS RESPONSIBLE FOR ALL LOSS OF AND DAMAGE ON THE VEHICLE AND FOR EDSHEIL LOSS OF USE AND RELATED EXPENSES WITHOUTLIMITATION.
- PERSONAL INJURY AND PROPERTY DAMAGE TO OTHERS, IF THERE IS NO VIOLATION OF A USE RESTRICTION (paragraph 3), Authorized Drivers, while using the Vehicle, are protected against liability for causing bodily injury (including death) and property damage to others up to the MINIMUM LIMITS required by the PHILIPPINES LAW. To the extant allowed by laws of the Philippines EDSHEIL protection is excess to all valid and collectible liability insurance and damage to other protection available to the Authorized Driver, and EDSHEIL will not be responsible for claims for bodily injury or properly damage to others until the limits of all insurance and other protection available to the Authorized Driver (personal automobile insurance, and any other protection or indemnification) are ex-hausted, and then only to the extent required to meet, on a cumulative basis, the minimum required by law
- The protection EDSHEIL provide does not include uninsured or underinsured motorist or motor vehicle, or other insurance or protection that is optional or can be waived or rejected.
- Other liability protection may be available if Renter has valid at the time of rental Terms of protection are contained in the Agreement.
- NO-FAULT BENEFITS FOR RENTER AND OTHER: EDSHEIL provides no-fault up to the minimum limits required by Philippines Law.
- EDSHEIL does not provide supplemental no-fault or other insurance or protection that is optional or can be waived or rejected.
- Renter may buy Personal Accident Insurance (PAI) which provides certain medical expenses and death benefits PAI is an Insurance program offered by an independent insurance company.
- INVESTIGATIONS: Authorized Drivers will fully cooperate in EDSHEIL investigation and defense of any vandalism, thief, accident, claims or lawsuit involving the Vehicle, and will promptly complete incident reposts and deliver to EDSHEIL a copy of all related document. This obligation to cooperate does not create a duty of defense by EDSHEIL.
- FUEL: Renter is responsible for a returning the Vehicle with as much fuel in the tank as when received. If Renter returns the Vehicle with less fuel than when received a fuel change applies EDSHEIL determines the charge by multiplying the amount of fuel needed to refill the tank (to same level as when received), times the peso-per-liter rate specified on the front of this Agreement. EDSHEIL determines the amount of fuel neede by refilling the tank.
- TRAFFIC LAW VIOLATIONS: Renter will pay all fines and penalties for traffic law violations that occur during the rental (including parking violations), as well as EDSHEIL expenses in responding to authorities concerning the violations EDSHEIL may give information about the Renter to those authorities.
- REPAIRS AND ALTERATIONS: Renter will not permit any repair to the Vehicle, or the replacement of any part on the Vehicle, without the prior consent of EDSHEIL Renter will not temper with the Vehicle odometer or otherwise after the Vehicle. Renter will pay for all unauthorized repairs and replacement parts as well as the cost of restoring any unauthorized alterations.
- VEHICLE RETURN: Renter is responsible for returning the Vehicle in the same condition as when received, to the location and on the data specified, or sooner if requested by EDSHEIL.
- RESPONSIBLE OF VEHICLE: The Vehicle may be repossessed, without notice and at Renter’s expense, if it is not returned when due, if illegally parked, if used in violation of law or of this Agreement, appears abandoned, or if Renter provides false or misleading information at time of rental.
- FAILURE TO RETURN VEHICLE: If the Vehicle is not returned when due or within 24 hours after written or oral demand by EDSHEIL Renter will be in unlawful possession of the Vehicle and authorized the issuance of a warrant for the arrest of anyone possessing the Vehicle (including Renter). Written demand is consider delivered 48 hours after EDSHEIL mails a certified letter to Renter at the home or business address Renter provides at the time rental.
- PROPERTY LEFT AT EDSHEIL: Renter is solely responsible for property left in any Vehicle, Van or EDSHEIL facility.
- PAYMENT: Renter is responsible for all changes, even if Renter indicates that someone else will pay. Payment is due upon EDSHEIL request. Renter consents to the reservation of credit for estimated-charges due, and authorizes EDSHEIL to process all charges due, on Renter’s credit card. All charges are subject to final audit, and either party will promptly pay or credit the other to correct any error. Renter will also pay all cost of collection, including attorney’s fees, and interest at the highest sale permitted by law on any past-due amounts.
- REIMBURSEMENT: Renter will reimburse EDSHEIL for all liability, cost and attorney fees incurred by EDSHEIL for the issuance of a warrant (as provided for in this Agreement) for the arrest of anyone possessing the Vehicle; for any action by EDSHEIL used to enforce this Agreement; for any action against EDSHEIL resulting from Renter’s breach of this Agreement; and for all liability, costs and attorney fees that exceed the protection provided to Renter as part of the rental transaction.
- RENTER’S INDEPENDENT STATUS: Renter is not the agent of authorized representative of EDSHEIL for any purpose.
- CHANGES TO AGREEMENT: Changes to this Agreement are effective if in writing and signed or initiated by both EDSHEIL and Renter.
