To Dealer's place of business, or prior to the above date upon demand by Dealer. Any extension of the return date must be approved in writing by an authorized Dealer agent.
If Customer has not returned the Vehicle on or prior to the return date stated above, Dealer of its agent may repossess the Vehicle with or without notice or by any appropriate means, whenever the Vehicle may be located or found.
Customer shall pay or indemnify Dealer for any damage to or destruction of said Vehicle or any part of accessory thereof. In the event of theft, conversion, or damage to said Vehicle, Customer shall forthwith report such incident to the police and forward a copy of any police report to Dealer within twenty-four (24) hours of its receipt.
Customer shall indemnify and hold harmless the Dealer and its directors, officers, agents, and employees from any and all liability, including all attorneys' fees and costs, for injuries or damages resulting or arising from or which relates or is incidental to the operation or the use of said Vehicle by the Customer or any passenger or person driving with or without the Customer's consent.
Maintenance and repair expenses of said Vehicle shall be the responsibility of the Customer. Customer may not alter the Vehicle or have maintenance or repair work done on the Vehicle without the prior written consent of Dealer.
Customer shall notify Dealer if Customer receives a parking ticket or other traffic citation and shall provide a copy to Dealer upon return of the Vehicle. Customer shall be responsible for and shall be liable to pay Dealer for any costs incurred or paid by the Dealer for traffic citations, repossession, replacement, or repair of said vehicle, including reasonable attorney's fees and court costs.
If Customer has left another vehicle in possession of Dealer for the purpose of repairs or other services, and for whatever reason the Vehicle is not returned to Dealer or if said Vehicle is returned damaged while in possession of Customer, Dealer shall have the lien upon and may retain possession of the Customer's vehicle in Dealer's possession until all damages, including reasonable attorney's fees and costs associated with this agreement are paid by Customer.
The Customer warrants and represents that Customer is duly licensed and authorized to operate a motor vehicle under the laws of the State of Hawaii; that the Customer will not permit an unlicensed or otherwise unqualified driver to operate said Vehicle; that at all times the Vehicle will only be used for legal and lawful purposes; that the Customer and any persons operating said Vehicle shall comply and abide with and not violate Hawaii laws governing or relating to the operation of motor vehicles.
Dealer is not responsible for loss of or damage to articles left in the Vehicle or Customer's vehicle. In case of fire, theft, vandalism, accident or any other causes beyond Dealer's control, Dealer is not responsible for or obligated to carry insurance protecting against any of these losses.
If Customer is not in full compliance with all of the terms and conditions of this agreement, Customer will be responsible for the fees and costs set forth below. You will be billed by an invoice sent by email and Dealer will charge all amounts owed to the payment card Customer provided to Dealer. Customer hereby authorizes Dealer or its authorized agents, as applicable, to bill Customer's credit card. Customer is responsible for providing and maintaining current and accurate information, including payment card number and expiration date, email address, mobile phone number, and mailing address. Customer is responsible for ensuring that there are sufficient funds available to cover any amount that is owed to Dealer. Customer will be solely responsible for all fees charged by Customer's bank or payment card company.
| FEES AND OTHER COSTS |
AMOUNT CHARGED |
|
| Cleaning Fee : Tier 1 |
$ 100.00 |
(includes but not limited to: sand, trash, minor amounts of pet hair, spilled liquids, and food items. This does not require the vehicle to be taken out of service.) |
| Cleaning Fee : Tier 2 |
$ 300.00 |
(includes but not limited to: severe sand, trash, pet hair, spilled liquids or food items, mud, or any soiling that requires the vehicle to be brought out of service for cleaning. Loss of use fee may also apply depending on severity.) |
| Refueling Fee |
$ 20.00 |
Per Quarter Tank |
| Overage Fee |
$ 99.00 |
Each day (or part thereof) after the Return Date set forth above or prior upon demand by Dealer |
| Parking or Other Traffic Citations |
As set forth above. |
|
| Damage or destruction of vehicle or any part or accessory thereof |
As set forth above. |
|
| Injuries or damages resulting or arising from or which relates or is incidental to the operation or the use of Vehicle |
As set forth above. |
|
Customer acknowledges and agrees that failure to comply with all of the terms and conditions of this agreement may result in the loss of privileges for a courtesy loaner for future visits.
The Vehicle may be equipped with a telematics device, or similar device, capable of determining the location of the Vehicle through use of an integrated global positioning system (or GPS) device (“Telematics Device”). The Vehicle also may be equipped with an Event Data Recorder (“EDR,” and together with the Telematics Device, the “Data Collection System”) for the purpose of recording data about the operation of each Vehicle. The Data Collection System may record driving activities or actions, locations traveled, and mileage driven as well as other Vehicle data. The Customer authorizes Dealer, its affiliates, licensor of the mobile application (“Licensor”), and their respective representatives to use the Data Collection System to collect data about the location of the Vehicle, the Customer’s location as derived through collection of data about the location of the Vehicle, and such other information as may be derived from the Customer’s use of the Vehicle as can be collected or derived from the Data Collection System.
The Customer acknowledges that data may be recorded and stored by Dealer’s third party service providers, including but not limited to Licensor, and where Dealer is not directly collecting the data, Dealer shall be entitled to access and use the same. The Customer further authorizes Licensor and Dealer to use or disclose aggregated location information concerning the Vehicle to third parties for the purposes of data analysis to determine trends, including, but not limited to, for the purpose of marketing or improvement of the service loaner program. The Customer consents to disclosure of aggregated forms of all information collected by the Data Collection System for such analysis and marketing.
In addition, the Customer releases Dealer, its affiliates, Licensor, and their respective parent and affiliates, and their respective directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any claim or damage (including incidental and/or consequential damages) arising from the failure of the Data Collection System to operate properly. The Customer acknowledges that third party service providers are not agents, employees, or contractors of Dealer.