The lessor mentioned under the following Car Rental Policy refers to Samadha Car Rental and rents cars according to the terms and conditions stated here-under. By signing them, the hired acknowledges and agrees to be bound to them all.
1. Condition of the Car
i. The car will be delivered to the hired in best overall condition and without defects or damages.
ii. Any apparent defects at the moment of delivery of the car will be registered and documented.
iii. The car is to be returned to the lessor in the same condition as received, at the location and time according to agreement.
iv. The lessor preserves the right to retrieve the car without prior notice and at any time at the expense of the hired if the if the car is used in violation of this agreement.
The hired guarantees that:
i. The hired undertakes to make sure of the car’s condition periodically by checking of the oil, water, fire and tire pressures and inform the lessor of any mechanical, tire or electrical problems. The hired needs to report to the lessor any signal that appears on the screen for warning of any type of maintenance. The hired shall bear any damages as a result of driver misuse including an administration fee for not reporting this fault and continuing to drive the vehicle.
ii. The driver is authorized – The driver has held a valid driving licence for more than one year and is 25 years of age or above. The vehicle will be driven only by the drivers whose names and International Driving Licences are registered on the rental agreement. For Non-GCC International Driving Licence Holders, approval is required under the law of the U.A.E Government.
iii. The hired should not use the vehicle for off road driving, motor sports, rallying, towing or any activities that may damage the vehicle. The hired is responsible for any damage including an administration fee to the vehicle due to any misuse.
iv. The vehicle will not be used for transportation of any illegal substances (alcohol, drugs etc.) or transport merchandise or transport passengers for hire or any other illegal act. In case of fines or confiscation of the vehicle the hired is responsible for payment for all damages to the lessor, like full value of the vehicle, fines, claims of passengers, third party claims and loss of income or loss of rental.
v. No insurance coverage is applicable if,
– The hired/driver during the period of the rental sublets the vehicle without the written consent of the lessor.
– The hired/driver is under the influence of alcohol or drugs at the time of an accident.
– The vehicle is driven by an unauthorized driver. Refer to clause (i).
In such cases the hired is liable to pay for all damages to the vehicle, third party expenses, passengers in the vehicle and the full rental value for the total number of days the vehicle is under repair in the workshop and all fines. The lessor is entitled to render an administration fee for all costs incurred.
vi. The hired should observe all the traffic rules and regulations and will be liable to pay penalties arising from traffic offences plus an administration fee.
vii. The hired is not permitted to take the rental vehicle across the borders of the U.A.E.
viii. Should the hired request the vehicle to be taken across the borders of the U.A.E this must be done in writing one week prior to the required date. The lessor will confirm or decline in writing and reserve the full right to do so.
ix. In case it is agreed by the parties, the hired may be required to pay an additional cost to the lessor should special insurance cover be applicable for this period.
3. Fines and Penalties
The hired shall pay and reimburse the lessor on demand the sum of:
i. Any charges for refueling, salik, collision damage waiver, personal accident insurance, supplementary insurance, vehicle drop-off end collection fees, additional driver fees and / or any other standard or miscellaneous charges are applicable at the rates shown in this agreement or in the current tariff which the hired confirms having reviewed and agrees to.
ii. Time and mileage charges are set at the rates and upon the terms shown in this agreement or in the current tariff at start of the rental.
iii. Lessor’s costs, including reasonable legal fees, incurred in collecting payments due from the hired under this agreement.
iv. Vehicles will be supplied with a full tank of fuel and should be returned with a full tank. Should the lessor need to refuel the vehicle the hired will be charged for the refueling plus an administrative fee.
v. Any fines, penalties, court costs or other expenses, imposed on the lessor by law arising from the use of the vehicle while on rental to the hired unless due to lessor’s fault, but this shall not relieve the hired or any other person of direct responsibility to any government authority for his own unlawful conduct.
vi. Lessor’s estimate of repair costs including towing and loss of revenue limited to the maximum amount of days applicable to the vehicle tariff group if the vehicle is damaged during the period of this agreement. The estimated charge will be adjusted by the lessor in accordance with the final repair and other costs once known, this provision shall not apply if the collision damage waiver is shown as accepted on the face of this agreement and hired has not breached any terms of this agreement. A Police Accident Report must be provided in all cases.
vii. Hired agrees to accept the debit of his credit card account of the charges incurred under this rental agreement. The signature of the hired shall constitute his/her authority to debit the nominated credit card all charges related to the hiring of the vehicle during and thereafter.
viii. All payments for the vehicle rental must be paid in advance.
4. Responsibility for loss of or damage to vehicle
i. The hired will be liable for all loss of or damage to the vehicle including towing and storage limited to the deductible amount.
ii. Provided the hired complies with all terms and conditions of this agreement and collision damage waiver is shown as accepted on the face of the agreement, lessor will waive the hire’s responsibility in 5 (i) above, subject to any excess agreed on. A Police Accident Report must be provided in all cases.
5. Indemnity to Lessor
The hired shall indemnify and hold harmless the lessor, its employees and agents from and against any loss liability and expense arising directly or indirectly from:
i. Any breach of the terms of this agreement by hired.
ii. Death or injury to any person arising out of the operation or usage of the vehicle.
iii. Loss of or damage to the vehicle. (same as provided in clause 5)
iv. Loss of or damage to any property suffered by hired or by third parties arising out of the operation or usage of the vehicle or for loss of or damage to hire’s property left in the vehicle or for loss or inconvenience resulting from delivery delays, breakdown or any cause beyond lessor’s control.
6. Insurance Coverage
The lessor provides insurance coverage for the authorized persons driving the vehicle (and not otherwise) in accordance with an automobile liability insurance policy in the U.A.E, which is available for inspection open written request.
7. Personal Accident Cover
By initialing in the space provided on the front of this agreement, the hired agrees to pay an additional fee per person per day as per the valid price lists. Hereby the hired acquires a personal accident coverage shown as per valid price lists. Personal Accident Insurance covers medical costs and accidental death for the renter and passengers in the event of an accident during the rental.
8. Accidents and Thefts
i. In case of an accident (with or without damage to the vehicle) and in case of any personal injuries, the police must be called to the scene of the event and the hired must insist on obtaining a police report.
ii. In the event of vehicle theft or parts of it the hired must report this to the police and obtain a police report and forward the said police report to the lessor.
iii. Hired must secure all data of the other parties as well as of any witnesses in order to complete the said accident report. iv. No repairs are to be carried out on the vehicle without the prior approval of the lessor.
v. The hired is obliged to assist the lessor and / or its insurance company in all claims or legal affairs in connection with an accident of any damage.
vi. Any accident or loss or theft of the vehicle must be accompanied by a completed Police report.
vii. Under no circumstances, claims by third parties must be accepted by the hired.
viii. These responsibilities of the hired shall apply accordingly in the case of a theft. ix. Should the hired violate any of these regulations, especially if no police report can be presented to the lessor, even an accepted and paid CDW may not release the hired from indemnities.
9. Personal data
The hired acknowledges that personnel related data to this rental agreement can be communicated to third parties, especially for credit protection purposes.
10. Collision Damage Waiver
i. By initialing in the space provided on the front of the agreement, the hired agrees to the obligation to payment of a supplementary fee CDW, in accordance with the valid price lists.
ii. In the event the hired has an accident and has initialed for the CDW the excesses stipulated in clause 9 iii to be reduced by fifty percent. Police Report must be provided.
iii. Should the collision damage waiver not be taken up the customer will be charged an excess of 1,500 for group A, AED 5,000 for car groups B and AED 10,000 (Aston Martin, Bentley, Ferrari, Lamborghini, Rolls Royce) irrespective of circumstances.
iv. Otherwise in case of damages to or loss or theft of the vehicle or parts of it the hired shall be liable in accordance with clause 5 of these standard terms and conditions of rental.
v. The collision damage waiver does not exempt from liability in case of gross negligence or deliberate intervention of the rental conditions, legal regulations or insurance conditions.
This agreement shall in all respects be governed by and be construed and interpreted and take effect in accordance with the law of the United Arab Emirates applicable to the emirates where it is executed.
12. Modifying Reservation
A vehicle reservation can be modified up to 48 hours before the start of the rental (on availability) free of charge. If any modification is to be done within 48 hours prior to the rental start time, any payment already made towards the rental will not be refunded and the modification will be treated as a fresh reservation with its respective new costs.
13. Cancellation Policy
A vehicle reservation can be cancelled up to 48 hours before the start of the rental and the entire amount (if paid) will be refunded without any cancellation fee. In the event of cancellation within 48 hours prior to the rental start time, the payment in advance already made towards the rental shall be paid back subject to a cancellation charge, which will be withheld and shall be in the amount of the rental charge ( including any extras and charges) for a maximum of 3 rental days. Cancellations can be made online or by contacting our office for further assistance.
If the reserved vehicle is not collected or not collected in the agreed time (reserved time) the rental charge paid shall be withheld in full.
14. Security Deposit
The customer is liable to deposit the below mentioned amount for as a security during the rental period. The security deposit amount must be paid on pick-up or delivery by Credit Card (in the form of Pre-Authorization). The full amount will be returned to the customer post the rental period provided the company is not liable to pay for any traffic fines or for any accident associated issues caused by the customer. The refund is based on the policy of the Credit Card Issuing Bank which is usually 21-30 days.
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