Terms & Conditions

Mercilessintl CAR RENTAL AGREEMENTLOT 60A, #22 BELAIR, WEST COAST BERBICE, GUYANATERMS AND CONDITIONS1. DEFINTIONS. “Agreement” means allterms and conditions found on both of this form. “You” or “your” means the person identified as the customer elsewhere in this agreement, anyperson signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed byus at its or the customer’s direction. All persons referred to as “you”or “your” are jointly and severally bound by this Agreement. “We”, “our”, “owner” or “us” means the business named on this agreement. “Authorized Driver”, “Renter”, “AdditionalDriver” and “Customer” means the renter and any additional driver listed by us on this Agreement,if person has avalid driver’s licenseand isat least age 25.Only Authorized Driversmay operate the vehicle.“Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, including but notlimited to, all its tires, tools,accessories, equipment, keys, additional rental gear and vehicle documents.“Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset, it does notinclude comprehensive damage or loss, such as, but not limited to: loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire.Physical Damageexcludes interior damage such as burn holes, tears, window stars, window dings or cracks not caused by collision or upset.“Loss of use” means the loss of our ability to use theVehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it isrepaired or replaced, times the daily rental rate. “Inspection Form” is the damage report signed by you and taken before and after the Rental Period.2. RENTAL, INDEMNITY AND WARRANTIES. This is a contract for the rental of the Vehicle. You are obtaining solely a bailment that allows You to use the Vehicle as permitted by thisAgreement. No one other than the Vehicle Owner may transfer the Vehicle or any right or obligations under this Agreement. Any attempted transfer or sublease of the Vehicle by anyoneother than Us is void. No one may service or repair the Vehicle without Our prior express approval. We may repossess the Vehicle at your expense without notice to you, if the Vehicle isabandoned or used in violation of the law or this Agreement. You agree to indemnify, defend us, and hold us harmless from all claims, liability, costs and attorney fees we incur resultingfrom, or arising out of, this rental and your use of the Vehicle.We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability andwarrant that the vehicle is fit for a particular purpose.3. CONDITION AND RETURN OF VEHICLE. You must return to our office on the date and time specified in the Agreement, and in the same condition that you receivedit, except forordinary wear. If the Vehicle is retuned after closing hours, you remain responsible for the safety of, and damage to or loss of, the Vehicle until we inspect it upon our next opening forbusiness. Service of the vehicle or replacement of parts or accessories during the rental must have our prior approval. Flator damaged tires in the rental period are renter’s responsibilityand must be paid by Renter. You must check and maintain all fluid levels. The rented vehicle shall always be parked with thetop and all the windows CLOSED in a secure area. A servicecharge may apply if You return the Vehicle to any other location other than the location from which it is rented.4. RESPONSIBILTY FOR DAMAGE OR LOSS; REPORTING TO THE POLICE. You are responsible for all loss or theft of, or damage to, the Vehicle, including but not limited to, thecost of repair, or the actual cash retail value of the Vehicle on the date of loss if the Vehicle is not repairable or if weelect not to repair the vehicle, plus loss of use, diminished value ofthe Vehicle caused by the damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism tous and the police as soon as you discover them. The Renter needs to contact the owner if vehicle breaks down or if there is any problem or question as to vehicles normal function orreliability. We will do a vehicle replacement whenever possible, but do not guarantee one. Replacement depends on availability and location. The parties choose the Hawaiian statedaddresses as their physical addresses at which legal proceedings may be instituted.5. CHARGES. Charges will continue to accrue until the Vehicle is returned to Us, or if the Vehicle has been stolen, until You report the theft to both the police in the jurisdiction and to Us.Ifyou use a debit/check card to qualify for a rental,we will not be liable for overdraft charges or for any other losses or liabilities which you may incur in the event that you overdrawyouraccount. You will pay us, or the appropriate government authorities, on demand all charges due Us under this Agreement, including, but not limited to: (a) time and mileage for the periodyou keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and servicesyou purchased; (d) fuel, if you return the Vehicle with less fuel then when rented; (e) applicable taxes; (f) all parking,traffic and toll violations, fines, penalties, forfeitures, court cost,towing, impound and storage charges, Our processing fees and other expenses involving the Vehicle assessed against us or the vehicle, unless these expenses are ourfault; (g)$10,000, plus $1,000/kilometers for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur inlocating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorneyfees we incur collecting payment from you or otherwise enforcing our right under this Agreement; (i) a 2% per month late payment fee orthe maximum amount allowed by law (if lessthan 2%) on all amounts passed due; (j) $5,000 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k)a reasonablefee not to exceed $1,500 to clean the Vehicle if returned substantially less clean than when rented; (l) if You return the Vehicle to any location other than the location from which theVehicle is rented; (m) take or attempt to take the Vehicle off theland from which it is rented; (n) Renter will becharged $5,000for going 10+kilometers over thespeed limit in the area;and (o) if You direct Charges to be billed to any person, corporation or other entity, You represent thatyou are authorized to do so.6. DEPOSIT. We may use your deposit to pay any amounts owed to us under this Agreement.7. YOUR PROPERTY. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that wereceived, handled or stored, or that was left or carried in or on the Vehicle or in anyservice vehicle or in our offices whether or not a loss or damage was caused by our negligence or wasotherwise ourresponsibility.8. BREACH OF AGREEMENT. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminalreports or prosecutions that we take against you that arise out of your breach of this Agreement.9. MODIFICATIONS. No term of this agreement can be waived or modified except bywriting that we have signed. If you wish to extend the rental period, you must return theVehicle toour rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations andagreements between you and us regarding this rental are void.10. PASSENGER CAPACITY. The passenger capacity of this vehicle is determined by the number of seatbelts and by law must not be exceeded. While in the vehicle, please always fastenyour seatbelt. It is the law.11. MISCELLANEOUS. A waver by us of any breach of this Agreement is not a waver of any additional breach or waver of the performance of your obligations under this Agreement. Ouracceptance of payment from you or our failure, refusal or neglect to any our rights under this Agreement does not constitutea waver of any other provision of this Agreement. Unlessprohibited by law you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this12. Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable