Terms And Conditions
FURTHER TERMS AND CONDITIONS OF THE AGREEMENT
I shall take good care of the car whilst in my possession and until returned comply with all the provisions of the Traffic Ortiifiance Regulations and all other relevant Traffic Laws and regulations of Fiji.
I will purchase insurance for the vehicle and shall be liable for any damage caused to the hired car or to other pores or persons or things in the following circumstances:
(a) If I am under the influence of intoxicating liquor or drugs at the time the damage is caused.
(b) If I am proven guilty of negligence not covered by the insurance in the use of the vehicle hired.
(c) If I part with the possession, control, or custody of the vehicle hired.
(d) If the car is stolen, or taken out of my possession and control through my negligence or carelessness.
The following insurance claiming fee in the events of a collision, or when damage is caused to the vehicle hired, regardless of fault
$2,500.00 FJD
The car shall not be used for learning to drive.
CONDITIONS OF VEHICLE
The hirer acknowledges that the vehicle (which expression includes all tyres, tools, accessories, and equipment) is the property of the owner and that it has been received by him in good order and running condition.
WARRANTIES BY HIRER
In addition to the warranties by the Hirer on the face hereof the Hirer further warrants that:
(a) The hirer and the nominated driver hold a current motor vehicle driver’s license valid in Fiji.
(b) All particulars furnished by the Hirer as to the name, address, age, telephone directory listing, occupation, and the like of the Hirer and the nominated driver are true.
(c) The vehicle cannot be sub-hired/leased to any other persons.
POSSESSION AND RETURN OF VEHICLE
The Owner may determine this agreement and without notice repossess the vehicle in the following event:
(a) The Hirer is under the influence of alcohol or drugs; or
(b) The Hirer of the nominated driver found to be in breach of any law or condition of warranty herein; or
(c) The Owner considers that the conduct of the Hirer or the nominated driver is likely to affect prejudicially the Owner’s interest or the condition of the vehicle.
(d) In any of the circumstances referred to in the liability provisions herein before and hereinafter mentioned. And retain all sums paid by the Hirer but without prejudice to any further rights of the Owner in respect of any breach or default of the Hirer of the nominated driver.
The Hirer undertakes that the vehicle will be returned to the owner at the place, date, and time specified on the face hereof or during any extension of time permitted by the Owner in the same conditions (save for ordinary wear and as herein otherwise expressly provided as when received).
DAMAGE TO THE VEHICLE
The hirer will be liable to the Owner for any damage to the vehicle as mentioned hereunder.
(a) The vehicle is driven by a person other than by persons permitted as herein specified.
(b) The vehicle is used by the Hirer or the nominated driver for any illegal purpose or in any race, speed test, contest, to propel or tow any vehicle, or trailer or to convey any load in excess of that for which the vehicle was constructed or is used on a road other than a road as defined in the Traffic ordinance, or;
(c) The vehicle is driven by the hirer or the nominated driver carelessly or at any excessive speed or in a manner dangerous to the public, or;
(d) The vehicle is driven or used by the Hirer or the nominated driver when it is damaged or in unsafe condition or;
(e) The Hirer or the nominated driver leaves the vehicle unlocked or unattended or fails to take all reasonable precautions for its safety, or;
(f) The Hirer or the nominated driver drives the vehicle in a manner contrary to the provisions of any Ordinance Regulation or other Laws of Fiji and is convicted, or;
(g) The Hirer fails without reasonable excuse to return the vehicle to the Owner, or;
(h) The loss of or damage to the vehicle occurs outside the period of the hiring or any extensions thereof permitted by the Owner unless the hirer has a reasonable excuse for failing to return the vehicle within the time stipulated, or;
(i) The Hirer is in breach of any warranty made by him herein, or;
(j) The Hirer fails to complete and furnish to the Owner within a reasonable time such statements information and assistance as the Owner may reasonably require in respect of any other person, or;
(k) The Hirer has without the consent in writing of the Owner made or given any offer, promise of payment, settlement indemnity, or admission of liability in respect of any accident damage to the vehicle or to the property of any third person; in any of which events the Hirer is liable to the Owner whether guilty of negligence or not.
For the purpose of this Agreement, “damage to the vehicle” means all loss, damage, or injury of or to the vehicle, any costs, expenses or out goings in connection therewith or arising therefrom.
(l) Groups A, B,C, D, E, F these groups of vehicles are not permitted to be driven on gravel or unsealed roads. Any damage to the undercarriage of any hired vehicle will result in an FJD4,500 damage fee.
OWNERS LIABILITY
The owner shall not be under any liability:
(a) to the hirer or the nominated driver for any loss or. damage through breakdown, mechanical defect, or accident by reason of the vehicle being unsuitable for the purpose of the Hirer,
(b) to any person whatsoever for the loss or damage to any property stolen from the vehicle or damaged or otherwise lost during the hiring of the vehicle before or after the return of the vehicle to the Owner and the Hirer hereby agrees to indemnify and keep indemnified the owner in respect of all claims demand and action brought against the Owner in respect thereof.
PAYMENT OF CHARGES, DAMAGES, ETC.
(a) the rental, sundry, and other charges. in accordance with the Owner’s current rate schedule and all other money payable by the Hirer hereunder;
(b) a sum equal to the amount of all loss or damage to the vehicle during the: period of hire.
(c) all fines and penalties paid or payable by the hirer in respect of traffic parking and other offenses committed by the Hirer.
(d) all tools, levies, charges, or the like made or imposed by any Government Authority Department or other body and whether by Ordinance Regulation Agreement or otherwise in respect of any Government controlled areas bridges highways, or airports.
(e) In the event of an accident any towing charges shall be paid by the hirer.
(f) There shall be a $300.00 excess applied to any damages to the windscreen.
TIME
INTERPRETATION
Where the contract permits word importing the masculine gender shall include the feminine gender words importing the singular shall include the plural and in case of joint hiring. Hirers shall be jointly and severally liable in respect of all provisions of this agreement heading of clauses inserted for guidance only in the construction or interpretation of this agreement shall not be deemed to form any part of the contract.