DEFINITION OF TERMS: The following terms have the following interpretation: “Contract” – means this Rental Agreement consisting of Pages 1 and 2, “Lessee” or additional Lessee means the parties renting or leasing the vehicle and any other person approved by Lessor on page 1 to drive the vehicle-: “Lessor” means TROPIC CAR RENTAL.
“Vehicle”-means the automobile, described on Page 1 and includes tires, tools and accessories. Lessor hereby rents or leases to Lessee identified on Page 1, the vehicle described, subject to all the terms and provisions of this contract below and on the reverse side hereof.
1. DRIVERS: In no event shall the vehicle be used, operated or driven by any person other than the lessee who signed this agreement;
2. PROHIBITED USE: The vehicle shall not be used: (a) in violation of any law, ordinance or regulation. (b) by any person who is under the influence of intoxicants, narcotics of drugs. (c) for the transportation of persons or property for hire (d) in any race, test or competitive event. (e) by transport outside the island of Aruba. (f) by any person not specified in Paragraph 1 above. (g) by any person under the age of 25 years. (h) to push or low any vehicle with Lessor’s prior written consent and subjects to all the conditions appearing on the reverse side hereof. Lessee is prohibited from installing any additional accessories or equipment, without Lessor’s prior written consent. IN NO EVENT SHALL Lessee sub rent or release the vehicle to another person or Corporation. If the vehicle is obtained by Lessee by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use for the vehicle is without Lessor’s permission. The foregoing conditions are cumulative and each of them shall apply to every use, operation or driving of the vehicle. Lessee and/or additional Lessee agree to indemnify and reimburse the Lessor for all damages sustained as a result of said vehicle being used in a manner which can be characterized as “Prohibited Use” clause.
3. ACCEPTANCE OF VEHICLE: Lessor declares that he has leased out and has delivered in good condition to Lessee and the latter declares that he has rented and that he has received in good condition from Lessor the vehicle as described on Page 1 on this contract and that he shall use the vehicle at this disposal in a judicious manner and as a good house father.
4. RETURN OF VEHICLE: This Contract is one of rental only. The vehicle is the property of Lessor. Lessee agrees to return the vehicle to Lessor’s address on the date shown on Page 1 (under “Due Back”) in the same condition as when received, ordinary wear and tear excluded. Lessor, or any of its agents or employees, may peacefully repossess the vehicle, without demand, wherever found and terminate this Rental Agreement if the vehicle is illegally parked, is used in violation of law, for this Contract was obtained as the result of any misstatement or fraud, is apparently abandoned, or for any other reason deemed sufficient by Lessor. Lessor shall not in any way be liable to Lessee for damages resulting from such repossession nor shall Lessor be responsible for the loss or damage of any property of Lessee contained therein. Lessor is not obliged to make any refund or to pay any indemnification to Lessee.
5. AMOUNT DUE LESSOR: Lessee shall pay Lessor on demand: (a) Basic or minimum rate, service, and other charges as shown on Page 1 thereof. (b) Refueling charge if the vehicle is returned with less fuel than when rented. (c)All liens penalties, forfeitures, court costs and out-of pocket expenses incurred by Lessor with respect to Lessee’s use of vehicle including parking, traffic or other violation assessed against Lessor, the vehicle, or Lessee, plus a reasonable service charge unless due to lessor’s fault. (d) Lessor’s costs and expenses including attorney’s fees (unless prohibited bylaw), incurred in collecting any payments due hereunder or in repossessing the vehicle. (e) Lessor’s costs and expenses for repairing vehicle if vehicle was damaged while being used in violation of any of the terms and conditions of this contract and time loss i.e. the time lessor could not dispose on the vehicle. (f) Damages resulting from cigarettes burns on seats unremovable stains, beverage splashes over seats or car floor and any other interior abuse, such as vominations, wet seats, etc., occasioned by Lessee or by the occupants of the vehicle.
6. INDEMNITY: The Lessee and additional Lessee does hereby agree to indemnify and hold harmless the Lessor from and against any and all losses, liability, damages, claims, suits, demands, costs, attorney fees, and any other expenses incurred by the Lessor arising out of the use of the vehicle by the Lessee or passenger(s) or any other person while the vehicle is in Lessee’s possession. Lessee and or the additional Lessee will under no circumstances sue Lessor;
7. NO AGENCY: Neither Lessee nor another driver of the vehicle shall be or is deemed to be the agent, servant, or employee of Lessor for any reason or for any purpose, and during the term of this agreement, Lessee shall completely assume full responsibility for the vehicle to the public and any regulatory body having jurisdiction;
8. REPAIRS: Lessee shall not permit any repairs to the vehicle or suffer any lien to be placed upon it without Lessor’s prior written consent. Lessee shall be liable for any such repairs;
9. ACCIDENT: Lessee shall immediately report any accident to the Police and to Lessor and shall deliver to lessor or his insurers if so wanted by Lessor, every process, pleading notice or paper of any kind received by Lessee or any driver of the vehicle relating to any claim, suitor proceeding connected with any accident or event involving the vehicle. Neither Lessee nor any driver of the vehicle shall aid or abet the assertion of any such claim, suit or preceding and shall cooperate fully with Lessor and its insurer in investigating and defending the same;
10. CREDITS AND CHARGES: In the event Lessee directs to Lessor to bill charges hereunder to any other person or organization, such person or organization fails to make immediate payment of said charges. Lessee will, upon demand of Lessor promptly pay said charges.
11. INSURANCE: It is expressly understood and agreed that Lessee will be insured against legal liability for bodily injury and property damage caused by Lessee to a third party or parties in accordance with the Automobile Liability insurance Policy customary in Aruba, up to the minimum as stated by the Law of Aruba. The third party liability insurance does not cover any damages sustained by Lessee or its occupants personally. Lessee confirms that he is cognizant of the fact, that with respect to the vehicle no other insurance has been contracted than aforementioned insurance against liability towards third parties.
12. APPLICABLE LAW: With regard to the present agreement the laws of Aruba shall be applicable exclusively;
13. ENTIRE CONTRACT: This contract expresses the entire understanding of the parties and there are no other representation, warranties collateral agreements or conditions.