1. Lessor (West Car Rental) hereby rents to the Renter(s) that is the persons whose name(s) and signature appear on this Contract, the Vehicle described herein including the vehicle(s), tires, tools, documents, accessories and equipment. The rental is subject to all terms and conditions contained herein.
2. The Vehicle shall not be operated by any person other than the renter(s).
3. Immediately upon accepting the Vehicle from Lessor and from time to time during the course of the rental period, Renter(s) shall inspect the engine and body of the Vehicle. If any part of the Vehicle is found to be damaged, not in working order, or not properly serviced, then Renter(s) shall promptly notify Lessor to that effect. If Renter(s) operates the Vehicle without notifying the Lessor according to the stipulations above, the Renter(s) shall forfeit the right to demand any compensation or damages whatsoever from Lessor involving reasons attributed to parts damaged, not in order, or not properly serviced, and Renter shall be liable for damages to anyone or to any property caused by such failure to notify.
4. Renter(s) shall return the Vehicles before or upon the date specified above. Renter(s) shall return the Vehicle at the check-in location specified above. If Renter(s) does not return the vehicle by this date, then Renter(s) shall pay the Lessor an overtime charge equal to the Rental Rate. If Renter(s) is unable to return the Vehicle by the due date, then Renter shall notify Lessor of that in advance of the due date.
5. If Renter(s) does not return the Vehicle by the date it is to be returned and without having obtained Lessor’s consent to any extension, then Lessor may deem this failure to return an unlawful act and take appropriate legal measures, including reporting the non-return as a theft to the Police or other legal authorities without challenge by Renter(s).
6. Renter(s) shall operate and care for the Vehicle in reasonable, responsible, and appropriate manner, and shall refrain from any of the following actions:
a.) Using the Vehicle for freight transportation or commercial or carrier purposes;
b.) Allowing a third party not included under this Contract to operate or use the Vehicle;
c.) Altering the original condition of the Vehicle in any way (including by rebuilding or refinishing any part of it);
d.) Using the Vehicle for tests, competition, or towing, pulling or pushing any other vehicle, boat or trailer;
e.) Disposing of the Vehicle in any way including through transfer of ownership, pawning or mortgage;
f.) Using the Vehicle in any manner contrary to law or the conventions of public order;
g.) The Vehicle (unless it is a Pick-up truck) shall not be taken or used past or off any paved road or driveway. If it is so used, then Renter(s) shall pay an additional fee of $500.00 plus any damages the Vehicle may sustain due thereto;
h.) Using the Vehicle for the transportation of any material deemed extra-hazardous by reason of being explosive, corrosive, inflammable, or otherwise dangerous; or
i.) Overloading the Vehicle beyond its specified carrying capacity or operating the Vehicle on flat or insufficiently inflated or over-inflated tires.
7. In case of loss or damage to the Vehicle (including the items listed above in paragraph 1), the Renter(s) shall pay the Lessor the retail rental value, of the Vehicle or of repairing damages to the Vehicle and the “loss of use” (as measured by the reasonable retail value of a replacement vehicle) and loss of profits of the Vehicle during the period it is unavailable for use. If Lessor determines that the cost to repair the damage exceeds the retail value of the Vehicle, then Renter shall pay the daily rental value of the Vehicle plus the loss of use up to the date of such determination. However, if the Vehicle is operated in accordance with all terms hereof then Renter(s) liability for such damages exceeding $1,000.00 to the Vehicle from collision or upset shall be waived and Renter(s) shall not be liable for such amounts exceeding $1,000.00 if Renter(s) has agreed in advance to pay and has paid the additional CDW charge and has selected the COLLISION DAMAGE WAIVER option.
8. Renter(s) shall pay all fines, penalties, court costs, and other expenses for traffic or other legal violations assessed against the Lessor, the Vehicle, or Renter(s) with respect to the use of Vehicle while on rental to Renter(s) and unconditionally releases Lessor from all obligations to honor claims arising from such matters.
9. If the Vehicle should enter the sea water in whole or in part, then the Vehicle shall be considered as a total loss and Renter(s) shall purchase the Vehicle and be liable for its reasonable retail value before such loss.
10. If Renter(s), while driving, parking, or otherwise in or using the Vehicle, or as a result thereof, cause(s) any injury or damage to any other vehicles, property, animal, or person, or if such injury or damage occurs while the Vehicle is being used in violation of the terms of this Contract, then Renter(s) assume full liability for compensation for all such damage or injury, shall hold Lessor harmless from reimbursement and shall indemnify Lessor for all damages, costs, and expenses (including attorney fees) that Lessor may incur as a result thereof. Renter(s)’ liability to the third party in the preceding sentence may be indemnified to the limit of the insurance, if any, that Lessor has contracted for on the Vehicle and which insurance proceeds Lessor receives, but Renter(s) shall compensate and be liable for all damage or injury in excess of the limit of such insurance, for all damage or injury falling within any exclusionary clauses, and for all damages for which Lessor does not receive such insurance proceeds.
11. Except for Lessor’s own negligence, Lessor shall not be liable to any person for or with respect to any condition of the vehicle or to any accident, loss, damage, or liability caused, sustained, or incurred while Vehicle is being rented by Renter or is being driven by any person while committing a violation of any law or regulation or who is under the influence of intoxicating liquor or any controlled drugs or substances.
12. If a dispute arises between Renter(s) and any third party involving either the Vehicle or the Renter(s) or a passenger’s personal effect placed in the Vehicle, then Renter(s) shall handle and settle the dispute on his own responsibility by bearing any necessary costs, shall not cause Lessor to suffer any loss or inconvenience whatsoever, and shall hold Lessor harmless therefrom.
13. In the case of any accident involving or affecting the Vehicle, Renter(s) shall take measures required under the law regardless of the scale of the accident or the extent of damage and/or injury caused and shall promptly notify Lessor and submit without delay all documents and any other items that might serve as evidence; and shall not bargain, make or conclude with a third party any settlement or agreement which may adversely affect the interest of Lessor without the prior written consent of the Lessor.
14. With regard to the terms and conditions of this Contract, each of the persons listed as a Driver or Renter assumes joint and several liability for all damages and expenses (including attorney fees and costs).
15. Lessor may terminate this Contract without giving Renter(s) advance notice and demand the return of the Vehicle if or when:
a.) Renter(s) violates any of the terms and conditions of this Contract.
b.) Renter(s)’ negligence or recklessness results in an accident.
c.) New information concerning Renter(s) driving record, accident record, etc., such as to cast doubt which did not before the making of this Contract upon the Renter(s) truthfulness or driving ability record, comes to Lessor(s) attention;
d.) Renter(s) has made any false representation when renting the Vehicle.
16. If Lessor incurs any damages, expenses, or loss (including consequential damages and attorney fees) as a result of terminating this Contract under the provision of the preceding paragraph, then Renter(s) shall promptly compensate and pay Lessor therefore.
17. If Renter(s) violate(s) any of the terms and conditions of this Contract and as a result causes Lessor to incur any (including consequential) damages, expenses, or loss (including attorney fees), then Renter(s) shall promptly compensate and pay Lessor for them.
18. The mileage traveled shall be computed upon the basis of the distance recorded on the odometer installed in the Vehicles by the manufacturer.
19. Under no circumstances shall Renter(s) be considered an agent, representative, or employee of Lessor or be considered to be in any joint venture with Lessor; Renter(s) and Lessor have only this contractual relationship.
20. Each amount of money that Renter(s) become obligated to pay hereunder but which is not paid upon demand or when due shall earn interest at the rate of 18% per year or at the lawful rate otherwise established by law, and Renter(s) shall pay such interest.
21. The Renter(s) shall pay Lessor’s costs, including reasonable attorney’s fees, incurred in collecting payments due from the Renter(s) or in enforcing its rights under this Contract. If Renter fails to make timely payments, including interest, and Lessor needs to use or hire an attorney or to file suit to collect such amounts or to enforce this Contract, then, as further consideration for Lessor making this Contract, Renter(s) shall be liable for and shall pay all of Lessor’s reasonable collection expenses, court costs, and attorney fees incurred before filing any lawsuit or claim, in the trial court, in any postjudgment proceedings, and in any appeal, until the amounts due hereunder are paid in full, and Renter(s) WAIVES the protections and provisions of RPPL 7-11 (14 PNC 2110 (a) as to Renter(‘s) right to claim property as exempt from execution or judicial process or seizure or sale and 2111 as to limits on legal fees and expenses claimed by Lessor. The preceding sentence does not merge into a judgment. Payments are applied first to interest, attorney fees, costs, and then to the principal.
22. Lessor may introduce additional rules or conditions for the purpose of facilitating the implementation of this Contract. In such case, Lessor shall notify Renter(s) of them by displaying them clearly in Lessor’s place of business at all times that they are in effect, or by entering them on a tariff schedule, brochures, and other materials issued by Lessor and given to Renter(s).
23. The terms of this Contract shall not be revised or waived without the prior written consent of Lessor. If a court of competent jurisdiction determines that any provision of the Contract is invalid, then such determination shall not affect the remaining portions of this Contract. This Contract contains all of the agreements between the parties regarding the rental of the Vehicle and the relationship, duties, and liabilities of and between the parties.
24. This Contract is governed by the law of the Republic of Palau, whose courts have exclusive jurisdiction over it and over any dispute arising from it or over the rental of the Vehicle.