VEHICLE HIRE CONTRACT
The lessor offers to rent to the prospective Hirer the vehicle described on the form Condition of the vehicle at the start of the rental period appended to this contract.
WARRANTIES and IMDEMNITIES
The contract Hirer accepts this offer and undertakes to comply the contractual provisions as stated below and with which he is in agreement. Both parties warrant that they have the necessary power and approval to enter into this Car Lease Agreement. Both parties warrant that they are not aware of anything in their reasonable contro which will or could have an adverse upon their liability to perform their respective obligations under this Car Lease Agreement. The Lessee undertakes to pay all Rental Rates to the Lessor promptly and NOT to unreasonably withhold payment.
The Lessor has the right to collect the Rental Car after 3 days of expiration of the Contract Hire Agreement if the Lessee refuses to return the car. Extra expenses incurred for the collection of the vehicle will be borne solely by the Lessee. The Lessee is obliged to pay €50.00 for each day or part therof as a penalty charge until the date of collection by the Lessor.
It is specified that the full contract comprises the general conditions (original and client`s copy of this document), the special conditions (page 1), the form describing the condition of the vehicle which is completed jointly at commencement of rental and return, or failing that the expert`s report, the fixed rate, the invoice and the bank debit authorisation.
Minimum rental is 1 day (24 hours).
Driver`s Age must be over 21 years. However, special insurance is necessary for drivers between 21 and 24 years of age.
Rates are in Euro Currency, VAT included, and FREE kilometers.
THIS HIRE CONTRACT HAS BEEN DRAWN UP TO ANSWER ANY QUESTION YOU MAY HAVE AS CLEARLY AS POSSIBLE.
1. WHAT DOCUMENTS DO I NEED TO PRODUCE ?
If you are hiring as a private individual, you must proof of:
• Your surname, first name and address by means of your valid driving license and an identity card or passport.
• A credit card pre-authorisation must be secured with the Lessor as a guarantee against accidents and traffic violations.
• All major international credit cards are accepted.
If you are hiring on behalf of a company, you must give proof of:
• An authorisation allowing you to hire the vehicle in the firm`s name if you are not the company`s legal representative.
• A purchase order.
2. WHAT AM I HIRING ?
The vehicle, which is provided to you under the contract, is described on the vehicle description form. Before taking charge of the vehicle, you must fill in the description form with the Lessor, and you must thereby acknowledge that this description is drawn up jointly.
The Lessor provides vehicles in good mechanical order. However, you may test drive the vehicle over a distance of 3 kilometres, after which the vehicle will be considered fit for the use and free from mechanical faults.
IMPORTANT: If the Hirer refuses to sign the description form on returning the vehicle, he accepts that the Lessor may use an independent expert to establish the condition of the vehicle on its return, and that he will be charged for this service.
If the Hirer does not take possession of the vehicle, the Lessor may retain a part of the rental fee until the vehicle can be declared available for hire.
3. WHAT MAY THE VEHICLE BE USED FOR ?
The hire is for your private use and is not transferable, but you may authorise one or more additional drivers who must be approved in writing by the Lessor and authorised by name on this contract.
You undertake to drive carefully and to respect the Maltese Highway code.
You also undertake NOT to use the vehicle:
• For the carriage of the passengers for hire or reward whatever the means of payment used and whatever the written or verbal agreement.
• To propel or tow any other vehicle or trailer or any other object with or without wheels.
• In any competition.
• For unlawful purposes.
• For driving tuition.
You undertake to keep the said vehicle closed and locked when unattended, and to keep the keys, which must under no circumstances be left in the vehicle.
You must under no circumstances transfer, sell, mortgage or pledge this contract, the vehicle, its accessories or tools, or treat them in any way that might cause harm to the Lessor.
You undertake not to modify or add any accessories to the rented vehicle.
4. WHO MAY DRIVE THE CAR ?
Any driver over 21 years. However a higher excess and a special insurance cover is necessary for drivers between 21 and 24 years of age, authorised by you and approved in writing by the Lessor.
IMPORTANT: Only the drivers named in the hire contract are insured under the Lessor`s insurance contract. Consequently, when the vehicle is driven by a driver who is not named on the contract, the Hirer has sole liability for all the costs resulting from any accidents / negligencies that may occur. Finally, an approved driver should remember that the Hirer has sole liability for the financial consequences of the use of the vehicle by an approved driver.
GENERAL CONDITIONS
5. HOW AM I INSURED ?
Who is insured ?
Only driver(s) authorised by name on the hire contract and for the period stated therein (until the return of the keys and papers to the Lessor during opening hours) are insured under the Lessor`s contract of insurance.
What insurance is covered by the contract ?
The driver(s) authorised on the contract are covered by the Lessor`s motoring insurance policy for public Liability covering damage to third parties, theft or attempted theft and damage to the hired vehicle (subject to an excess, depending on the vehicle category and subject to the special provisions of paragraph 6).
IMPORTANT: The insurance policy is only valid within the Maltese Islands, and any use of the hired vehicle outside their geographical limits will be considered taking the vehicle without the owner`s consent by the hirer who will be subject to the civil and criminal consequences resulting from this crime.
What insurance options are there ?
Where it is expressly stated in the special conditions of this hire contract, as an option:
• You may lower the excess by purchasing Collision Damage Waiver at €15.00 per day subject to a minimum of € 45.00
• You may take our insurance covering the passengers and driver of the hired vehicle, which provides a lump-sum benefit per person in the event of death or permanent disability resulting from a road accident involving the hired vehicle, by
purchasing Personal Accident Insurance which is optionally available at an extra charge covering the driver and passengers of the M Car Rentals & Leasing rented car in the case of accident.
• Theft Damage Protection is available to waiver full protection against Theft &. Damage of the car Accessories, Wheels, Spare parts, Batteries, Side Mirrors, Radios, at an extra charge per day.
IMPORTANT: For "space cruiser" or minibus type vehicles, this option is compulsory. Please note that the passenger and driver`s benefit will be reduced by half for any person who is not wearing a seatbelt at the time of the accident. What do I have to pay in the event of an accident ?
There are two possibilities:
• Either you are not responsible for the accident, provided that the insurers can attribute the entire responsibility for the accident to an identified third party, you will not have to pay anything and the excess does not apply.
• Or you are responsible for the accident, and this is covered by the insurance, in which case you will only have to pay the excess or the portion of the excess which is not redeemable (the allowance corresponding to your contribution to the car insurance surcharge), up to the amounts stated in the special conditions of this hire contract, subject to the special provisions of paragraph 6 below.
6. WHEN AM I NOT INSURED ?
You are not insured in the following ten cases:
1. If you are unable to return to the Lessor the original keys of the vehicle after it has been stolen. In this case you will be liable for payments of the value of the vehicle as evaluated by an expert.
2. When the damage to the vehicle is the result of burns, interior damage, overloading, poor judgement by the driver of the dimension of the vehicle in particular of the upper or lower parts of the vehicle, as well as damage to the tyres, hubcaps and wheel rims.
3. When the driver is under the influence of alcohol as defined by the Maltese Highway Code, or when the driver has used illegal drugs or narcotics, or when the driver has taken medicines whether or not they are medically prescribed whose instructions state that their use can lead to drowsiness.
4. When the damage to the vehicle occurs after the date the vehicle is due back as stated in this contract, this case being equivalent to driving without the consent of the Lessor and to theft of the vehicle. This provision does not apply if you have obtained express agreement to extend the period of hire from the Lessor.
5. If yourself and / or the driver has given the Lessor false information regarding your identity or the validity of your driving license.
6. For damage or loss, of any kind whatsoever, to personal property, objects or animals being carried in the vehicle.
7. When the damage is the result of willful action of you as a driver and / or the driver.
8. When the vehicle is used for the carriage of passengers for hire or reward or for driving tuition.
9. When the vehicle is used in such manner that it is overloaded, by carrying more passengers or a heavier load than those authorised on the vehicle registration document.
10. For broken windows.
7. WHAT SHOULD I DO IF I HAVE A PROBLEM ?
If you have a problem, call M Car Rentals & Leasing CUSTOMER SERVICE, available 24 hours a day 7 days a week, on 00356 99 96 97 98.
IMPORTANT: With reference to the car insurance, the Hirer agrees to comply precisely with the instructions, which are given to him by the representative. If he/she does not, the hirer will be financially liable for any service, which he/she uses on his/her own initiative, and without.
8. WHAT DO I DO IN CASE OF THEFT OR ACCIDENT ?
You must yourself, or the authorised driver, on your own behalf and on behalf of any driver authorised by name on the contract, comply with the following three obligations:
1. Declare the theft or attempted theft of the vehicle to the police authorities or at the police station and to the Lessor as soon as possible as you become aware of it, and hand over the original keys of the vehicle to the Lessor.
2. Inform the Lessor immediately of any road accident involving the hired vehicle and send the Lessor a legible copy of the accident report filled in and signed by parties as well as the names and addresses of any witnesses. In the case of an accident not involving a third party, you alone must fill in an accident report describing the exact circumstances of the accident.
3. Contact M Car Rentals & Leasing CUSTOMER SERVICE in all cases, on the following telephone number: 00356 99 96 97 98
9. WHAT DO I HAVE TO PAY TO THE LESSOR ?
Two kinds of charges will be invoice: Standard charges:
• The established rate of the tariff stated indicating the period of the hire.
• The cost of any fuel not replaced (you will NOT however be refunded for additional fuel).
• Any services you have requested from the Lessor. Additional charges, notably:
• The insurance excess and the costs of repair arising from an accident (the excess representing your contribution to the car insurance surcharge and any damage to the vehicle not covered by the insurance contract).
• For Collection & Delivery of Rental Car.
• Any fines for which you are legally responsible.
• Any car park charges.
• Any expert reports charges.
• For damage costing less than the excess, the scale of fixed charged is available for consultation at the agency, or the charge corresponding to the estimate (from the vehicle manufacturer or an approved car repair firm) will be applied.
RETURN / REFUND / CANCELLATIONS:
Changes to reservations can only be made via Telephone and musst be a minimum of 24 hours prior to hire.
a) A cancellation fee for the charge of one (1) day`s rental applies.
b) Refunds will be provided to those who are not in breach of any of our terms and conditions.
c) Early returns of car rental are subject to a cancellation charge of one (1) day`s car rental.
DATA PRIVACY POLICY:
By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement. We will use your information to analyse statistics, for market research, credit control and to protect our assets. You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation.
IMPORTANT:
The Hirer will be liable for any repairs resulting from use of the wrong fuel (for example, diesel in the tank instead of unleaded petrol).
The Hirer hereby authorises the Lessor to debit the sums due according to these additional charges from his bank account using his credit card details provided as a deposit when the contract was signed.
Signed and dated, with the hand-written statement in accordance for hire.
