TERMINOLOGY:
I, me, my refer to the person(s) who sign this agreement.
You, your, refer to Mc Donald Motors.
I rent from you the car described on the front of this agreement. I agree to the terms on the front and back and any added pages. All charges must be in writing.
TRANSFER CHARGES:
I will pay the transfer rate, taxes and other charges. Car parking charges that are necessarily incurred in order to fulfil a booking will be charged at cost. Any variations to the journey that involves extra time or mileage may be subject to additional charges. Congestion charges will be applied, where applicable. Bookings with pick up dates carried out on Christmas Day, Boxing Day, New Years Eve and New Years Day will be subject to an inflated surcharge. All prices are in Trinidad and Tobago Dollars and exclusive of vat unless otherwise stated.
All charges, fees and expenses including payment for loss of or damage to the car are due at your request and I assign to you any and all proceeds from coverage under credit card plans or other insurance. I agree to pay a late charge of 10% per month on all past due balances. I will pay any collection costs. You may contact me at my place of business in connection with your collections.
CANCELLATION POLICY:
If a booking is cancelled within 1 hour of the requested pick-up time you reserve the right to make full charge for the journey. If however the pick-up location necessitates the car being despatched more than an hour before the pick-up time you again reserve the right to make full charge for the journey. If the passenger does not appear and make contact with the driver at the booked time and the designated pick-up point, you reserve the right to make full charge for the journey. The bookings cancellation policy reflects the availability of the vehicles in your fleet. Upon acceptance of the booking you reserve the availability of the vehicle for me and subsequently refuse all other bookings for that vehicle at that time and on that date.
LIABILITY INSURANCE:
You provide automobile liability protection to authorized drivers listed on the agreement for causing bodily injury or death and property damage to others resulting from use of this car. This protection is limited as follows:
a. YOUR PROTECTION DOES NOT APPLY until after the limits of all liability insurance and/or protection available to myself and an authorized driver including personal automobile insurance, employer's insurance and/or any other protecting or indemnification, whether primary or excess, are exhausted, and then your protection applies only to the extent it is needed to meet on a cumulative basis with all such liability insurance and/ or protection available to me and an Authorized Driver, the minimum financial responsibility limits of V.I. code.
b. YOUR PROTECTION DOES NOT APPLY to bodily injury, death or property damage by family members related by blood, marriage or adoption, who reside with me and/or authorized driver.
c. YOUR PROTECTION DOES NOT INCLUDE uninsured motorist or motor vehicle, supplementary or no fault, or any other insurance that is optional or can Waived, and I join you in waiving and rejecting such insurance.
d. YOUR PROTECTION DOES NOT INCLUDE any obligation to which l/authorized driver or any insurance carrier may be held liable under workmen compensation or disability benefits law; any obligation assumed by me/authorized driver under any contract of whatever nature; and liability to myself; authorized driver, or employer of either for personal injury, death or property damage caused directly or indirectly as a result of violations of the section, or by reckless, abusive or negligent driving.
To the extent of any of the provisions in b, c, or d, above are required by applicable law, it will NOT exceed the minimum financial responsibility limits of V.I. code.
MY INDEMNIFICATION OF YOU:
I will indemnify and hold you harmless from all liability, costs and attorney fees for claims arising out of the use of the vehicle which are excluded from or in excess of the protection provided to me/authorized driver by you.
CREDIT CARD CHARGES:
I authorize you to charge my credit card for the precalculated charges upon my signing this agreement, for any additional charges upon return of the car, and for any parking fines, related expenses and administrative fees. If I am overcharged or undercharged, you may charge my credit card.
LOSS OR DAMAGE TO THE CAR / TERMS & CONDITIONS:
I will pay you for all damage to the car including your loss of use, regardless of who is at fault. Any limitation of my responsibility must be stated on the front. If you elect not to repair the car, I will pay you the retail value of the car before it was damaged, less any amount you get for salvage in addition to an administrative charge of TT$250.00.
You will endeavour to ensure vehicle(s) arrive at the time and place requested. You cannot however accept responsibility for delays caused by circumstances beyond your control, such as mechanical failure, traffic jams, traffic accidents or extreme weather conditions. Nor do you accept responsibility for any consequential loss. You shall be under no liability whatsoever to me for any indirect loss (including loss of profit) suffered by me arising out of a breach by me of this contract.
The Driver will travel by the most appropriate route on the day, unless instructed otherwise by me, in which case additional charges may apply.
Unless specified at the time of booking, you may not automatically be able to accommodate additional pick-ups or drop-offs for any journey, although every effort will be made to meet such requirement.
If your driver is asked to wait either at the beginning or during a journey, waiting time is chargeable at our current standard rate.
Non-airport collections: Except for a 10 minute ‘grace’ period waiting charges will apply from the booked time, at your current standard rate.
You reserve the right to refuse entry to the vehicles to anyone who is thought to be under the influence of alcohol or drugs and/or whose behaviour poses a threat to the safety of the driver, the vehicle or other passengers within the vehicle. You further reserve the right to terminate any journey due to unreasonable or improper behaviour by any passenger.
If special cleaning of any vehicle is required because it has been left in an unreasonable state by a passenger/I, you reserve the right to charge the cost of cleaning to that passenger/I.
You reserve the right to substitute any vehicle or chauffeur/driver.
Nothing contained in these terms and conditions affects my statutory rights.
You will not be responsible for loss or damage to any personal property left in or on the car, your premises or service vehicle Lawsuits; I agree that the Trinidad & Tobago is the only place where you or I may file any action relating to the agreement. In any such action the law of the Trinidad & Tobago shall apply, I agree to pay your realisable attorney’s fees and costs in any lawsuit relating to this agreement, including appeals.
I agree that if any separate provision shown above is deemed unacceptable to V.I. code, it will in no way alter or affect the provisions of any other part of the rental agreement.