RENTAL CONTRACT
Kona Rent – https://hbe.ehawaii.gov/documents/business.html?fileNumber=283518C5
Renter – means the person signing this Agreement, any other person or entity to which the charges incurred under this Agreement are to be billed, and any Additional Renter otherwise permitted to drive the vehicle with the written consent of Kona Rent.
Vehicle – means the motor vehicle described as ________________________ and includes all tires, tools, accessories, equipment, keys and vehicle documents in or on the vehicle.
RENTAL OF VEHICLE AND RESPONSIBILITY FOR PAYMENT: Kona Rent agrees to rent Vehicle to Renter subject to all of the terms and conditions in this agreement. All persons or entities who are by definition the Renter are jointly and severally responsible to Kona Rent for the charges due under this Agreement.
NATURE OF AGREEMENT / VEHICLE REPAIRS / WARRANTY DISCLAIMER: Vehicle is Kona Rent’s property. This Agreement is a contract only for use of Vehicle while Vehicle is on rental to Renter. Renter is not Kona Rent’s agent or employee, nor is Renter’s conduct under Kona Rent’s control, for any purpose. Any service to or replacement of a part or accessory to Vehicle during rental must have Kona Rent’s prior approval. Renter acquires no rights other than to use Vehicle in accordance with this Agreement. Kona Rent MAKES NO WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED REGARDING VEHICLE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF VEHICLE FOR ANY PARTICULAR PURPOSE. Kona Rent shall in no event be responsible to Renter for any indirect, special or consequential damages in connection with or arising out of furnishing, performance or use of vehicle.
RESPONSIBILITY FOR VEHICLE CONDITION/ RETURN/ REPOSSESSION: Renter shall return Vehicle to Kona Rent in the same condition as received to location where rented or to such location as set forth on the due date specified. If Vehicle is not returned to such location by due date (or within thirty (30) days of commencement of rental, whichever is earlier) Kona Rent may repossess Vehicle at any time thereafter at Renter’s expense. Kona Rent reserves the right to repossess Vehicle at any time without demand, at Renter’s expense if Vehicle is illegally parked, used for an illegal purpose, or apparently abandoned. Renter waives prior notice, pre-seizure hearing and receipt of judicial process as a prior condition to repossession by Kona Rent. Renter agrees that Kona Rent may notify the police or other authorities that the vehicle is stolen or missing, and Renter will not hold Kona Rent or the civil authorities responsible for their actions to repossess Vehicle. In the event of any Vehicle replacement for any reason, Kona Rent may, at its option, terminate this Agreement and rent any replacement Vehicle under the terms of a new agreement.
LOSS OF OR DAMAGE TO VEHICLE: If Vehicle is lost or damaged while on rental, whether or not due to Renter’s fault, Renter shall pay Kona Rent on demand the amount of such loss or damage at prevailing rental price plus Kona Rent’s related expenses, including loss of use, except as follows: THEFT: If Vehicle is used in accordance with all terms and conditions of this Agreement, Renter is not responsible for theft of Vehicle unless it is left unattended without all doors locked, windows up and keys removed.
PROHIBITED USES OF VEHICLE: Vehicle shall NOT, under any circumstances, be used for any of following purposes or under any of following conditions, and any such use is WITHOUT Kona Rent’s PERMISSION
- By anyone without first obtaining Kona Rent’s written consent.
- By anyone under age 25.
- By anyone who is not a qualified licensed driver.
- By anyone whose driver’s license in any state has been revoked or suspended within the previous 3 years, even if he or she now possesses a valid driver’s license.
- To carry persons or property for hire, including chauffeur driven limousine service.
- To propel or tow any vehicle, trailer or other object.
- In any race, test or contest.
- For any illegal purpose or commission of a crime.
- To instruct an unlicensed person in operation of Vehicle.
- If Vehicle is obtained from Kona Rent by fraud or misrepresentation.
- To carry persons other than in the passenger compartment of Vehicle.
- Loading Vehicle beyond rated capacity.
- While under the influence of alcohol or other intoxication like drugs or narcotics or under any other physical or mental impairment which adversely affects the driver’s ability to operate the Vehicle.
- Intentionally causing damage to or loss of the Vehicle.
- On other than a paved road or driveway. No offroad use.
- In an unsafe, reckless, grossly negligent or wanton manner. Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred.
- No smoking.
- Vehicle must be returned with a full tank of fuel.
RESPONSIBILITY FOR PROPERTY IN VEHICLE: Kona Rent IS NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO PROPERTY OF THE Renter or others left at any time in or on Vehicle or in the Kona Rent rental office, even if it is in Kona Rent’s possession, regardless of who is at fault, Renter releases and indemnifies and holds Kona Rent, its agents and employees harmless against all claims made by others for such loss or damages.
PAYMENT OF CHARGES: All charges and other amounts billed pursuant to this Agreement are payable by Renter (i) in cash at the time of reservation, or (ii) if a credit card acceptable to Kona Rent is used, upon Renter’s receipt of applicable statement or invoice, in accordance with terms of such statement or invoice. CREDIT CARD RENTER AUTHORIZES RENTAL COMPANY TO PROCESS A CREDIT CARD VOUCHER ID APPLICABLE, IN RENTER’S NAME FOR CHARGES AND CONSENTS TO RESERVATION OF CREDIT WITH CARD ISSUER FOR AN AMOUNT EQUAL TO ESTIMATED CHARGES DUE.
COMPUTATION OF CHARGES: As provided in this contract, the Renter agrees to pay to Kona Rent all charges due in accordance with this Agreement at the request of Kona Rent. If Renter directs Kona Rent to bill the charges to another person or company who or which fails to make payment upon being billed, the Renter will pay the charges upon demand of Kona Rent. Kona Rent may keep any security deposit provided per this Agreement to cover any charges or other liability which Kona Rent believes warrants the retention of the deposit. The charges Renter will pay include but are not limited to:
TIME AND MILEAGE CHARGES: Renter will pay Kona Rent for the number of miles driven and the time vehicle is rented at the rate described here ___________. The number of miles will be determined by reading the factory installed odometer. Renter will not detach the odometer and if the seal is broken, Renter shall pay for its replacement or repair and a mileage charge equivalent to the average mileage developed from the experience of Kona Rent.
TAXES: Applicable sales, use and excise taxes and any amounts charged by Kona Rent as reimbursement for taxes paid.
FINES AND OTHER EXPENSES: Fines, penalties, forfeitures, court costs and other expenses that may be assessed against Kona Rent which are due by reason of Renter’s possession or use of Vehicle, including traffic and parking fine.
COLLECTION AND VEHICLE RECOVERY EXPENSES: Kona Rent’s costs, including reasonable attorney’s fees, incurred in collecting charges due from Renter pursuant to this Agreement or in recovering Vehicle which has been abandoned by Renter or seized by governmental authority as a result of Renter’s actions.
INTEREST ON PAST DUE AMOUNTS: At the rate of 2% per month, which if not paid is added to the balance and is subject to interest.
ALL CHARGES ARE SUBJECT TO AUDIT: If, upon audit, an error is found, Credit Card Renter authorizes Kona Rent to correct such charges, including changing and credit card invoices signed by Renter, to reflect charges, with written notice of correction to Renter.
REPORTING OF ACCIDENTS AND PARKING OR TRAFFIC VIOLATIONS: (Renter shall promptly report all accidents involving Vehicle to Kona Rent and to police, Renter and Additional Renter(s) shall deliver to Kona Rent all papers of any kind received by such party relating to any accident. Renter and Additional Renter(s) will cooperate fully with Kona Rent in completing accident reports and in investigation and defense of any claim or lawsuit relating to any such accident and authorize Kona Rent to obtain from any governmental authority having jurisdiction (hereof any record of any citation issued as a result of any such accident).
PARKING AND TRAFFIC VIOLATIONS: Renter shall be responsible for any and all parking and traffic violation fines and penalties arising out of use or operation of Vehicle during the period of the rental and agrees to pay or indemnify and hold Kona Rent harmless in event Kona Rent pays such fines and penalties on behalf of Renter, and to reimburse Kona Rent for all its collection and other expenses including attorney fees relating to same. Renter and Additional Renter(s) authorize Kona Rent in connection with claimed violations of parking or traffic laws arising out of use or operation of Vehicle by Renter and/or Additional Renter(s), to release to any governmental agency having jurisdiction thereof any information relating to Renter or any such Additional Renter(s) which Kona Rent has in its possession.
ASSIGNMENT: This agreement and Vehicle cannot be assigned or transferred by Renter. Renter remains responsible regardless of any attempted assignment.
WAIVER / MODIFICATION OF TERMS / RELEASE: This Agreement is the entire agreement between Renter and Kona Rent. No other agreements, promises or responsibilities exist between Renter and Kona Rent with regard to this rental. No term or condition of this agreement may be waived or modified as except in writing, signed by a Kona Rent representative who has been expressly authorized to do so by Kona Rent. Renter hereby releases its agents and employees from any responsibility to Renter under this Agreement, and indemnifies and holds harmless from and against any and all loss, liability and expense whatsoever arising out of this Agreement or the operation or use of Vehicle.
PROHIBITION BY LAW: If any provision of this Agreement is prohibited by law, it shall not affect the remaining provisions.
COLLECTION FEE RESPONSIBILITY NOTICE: That Renter shall still be responsible for any attorney fees, collection agency fees, costs of collection, court costs and other expenses and fees.
LOSS OF USE: Renter shall be liable for REASONABLE LOSS OF USE AND DAMAGE TO VEHICLE regardless of anything else stated in this agreement, which is caused by Renter’s violation(s) of any of the terms and provisions of this agreement.
Rental Term: ____________________________________
Damage Deposit Amount : ____________________________________
SIGNED (Kona Rent) : ____________________________________
DATED (Kona Rent): ____________________________________
PRINT FULL NAME (Renter) : ____________________________________
PRINT LICENSE NUMBER (Renter) : ____________________________________
PRINT SSN (Renter) : ____________________________________
SIGNED (Renter) : ____________________________________
DATED (Renter): ____________________________________
Checklist (Images):
License ___ Image of Insurance ___ Damage Deposit ___ CC Number & Code ___
Initial Every Page ___ Gap Insurance ___ Insurance Paid Through Date ___