Terms and conditions
General Terms and Conditions of the Vehicle Lease Contract
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise provides, the following words and expressions shall have the following meanings:
“Authorized Driver(s)” means the driver(s) authorized to operate the Vehicle;
“Commencement Date” means the date specified in the Rental Summary for the commencement of the Rental Agreement;
“Daily Rates” means the daily rates payable by the Hirer for the rental of a Vehicle, as published on the Owner’s website or otherwise agreed between the Parties;
“Deposit” means a security deposit taken by the Owner from the Hirer for the Vehicle to cover any additional expenses, costs, claims or liabilities which may it may incur as a result of the Hirer’s rental of the Vehicle;
“Extended Rental Period” has the meaning given to it in clause 12;
“Hirer” means a hirer of a Vehicle in accordance with the Terms and Conditions;
“Owner” means Doffay Car Rental and includes its duly authorized agents, employees and assigns;
“Parties” means the parties to the Rental Agreement;
“Protection Products” means the additional products and services which may be purchased by the Hirer to limit the Hirer’s liability for any damage caused to the Vehicle;
“Rental Agreement” means the agreement between the Owner and the Hirer for the rental of a Vehicle as set out in the Rental Summary read with the Terms and Conditions;
“Rental Costs” has the meaning given to it in clause 16;
“Return Date” means the date specified in the Rental Summary for the return of the Vehicle by the Hirer;
“Rental Period” has the meaning given to it in clause 11;
“Rental Summary” means the summary of the agreement between the Owner and the Hirer for the rental of a Vehicle;
“Terms and Conditions” means the Doffay Car Rental General Terms and Conditions, as amended from time to time;
“Vehicle” means the vehicle of the Owner which is rented to the Hirer pursuant to the Rental Agreement.
“Vehicle Inspection Diagram” means the form and diagram contained in the Rental Summary showing defects with, or damage to, the Vehicle as at the Commencement Date;
“Working Hours” means between 8am to 4pm Seychelles time from Mondays to Fridays and 8am to 1pm on Saturdays.
In these Terms and Conditions, unless the context otherwise provides:
- headings are for convenience only and shall not affect the construction or interpretation of the provisions of these Terms and Conditions;
- where in clause 1 the definition of a word contains a substantive provision, the substantive provision shall be given effect to as if it were set out in the main body of these Terms and Conditions;
- a reference to ‘days’, ‘months’ or ‘years’ shall mean calendar days months or years;
- a reference to a ‘clause’ shall mean a clause of these Terms and Conditions;
- any reference to the singular includes the plural and vice versa;
- any reference to natural persons includes legal persons and vice versa;
- any reference to a gender includes the other genders, including the neutral gender;
- any reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- No provision of these Terms and Conditions or any related document shall be construed against or interpreted to the disadvantage of any party hereto by reason of such party having, or being deemed to have, structured or drafted such provision;
- any reference to a body corporate shall include the successors and permitted assigns of such body corporate;
- in the event of any inconsistency between the provisions of these Terms and Conditions and the provisions of any other document executed pursuant to these Terms and Conditions, the provisions of these Terms and Conditions shall, to the full extent permitted by law, prevail.
TERMS AND CONDITIONS
These Terms and Conditions regulate and determine the rights and obligations of the Hirer and the Owner under and pursuant to the Rental Agreement.
By choosing to rent a Vehicle, the Hirer acknowledges, agrees and accepts the Terms and Conditions and that the Rental Summary is correct. The Rental Summary and the Terms and Conditions shall be construed together as the Rental Agreement.
The Owner may amend the Terms and Conditions at its sole discretion and without the consent of the Hirer. In the event that the Terms and Conditions are amended during the Hire Period, the Owner shall inform the Hirer and provide him with or direct him to an up-to-date version thereof.
The Owner and the Hirer are the sole parties to the Agreement even if another person may pay for all or some of the Rental Costs.
Subject to clause 10, the Hirer must be a minimum of 21 years of age to be eligible to enter into the Rental Agreement and/or be an Authorized Driver.
The Hirer is required to present valid identification and/or a valid driver’s license when collecting the Vehicle. The Hirer’s driving license must authorize him to operate a vehicle of the category and class applicable to the Vehicle.
In the event that the Hirer is below the age of 21 or is above the age of 70, the Owner reserves the right to charge such additional mandatory fees, costs and expenses as it deems appropriate, including but not limited to a Deposit.
The Hirer warrants that:
- he is a competent and prudent driver;
- his identification details and driving license are correct and authentic and issued by a valid regulatory authority; and
- he shall ensure that no other person, other than the Authorized Driver(s), shall operate the Vehicle.
The Hirer has the right, so long as he is complying with the provisions of the Rental Agreement, to use the Vehicle from the Commencement Date to the Return Date (hereinafter the “Rental Period”).
The Owner may in its sole discretion agree to extend the Rental Period up to a maximum period of 30 days upon a request by the Hirer (hereinafter the “Extended Rental Period”). The Extended Rental Period may be subject to higher charges and/or to a Deposit which shall be disclosed to the Hirer by the Owner prior to the extension of the Rental Period.
The Hirer may choose to return the Vehicle before the end of the Rental Period and thereby terminate the Rental Agreement subject to the following:
- he has given prior notice of at least 24 hours to the Owner; and
- if he has prepaid the Rental Costs in full, the Owner may, at its discretion, charge at least 3 days’ rental and the remainder of the Rental Costs, if any, shall be refunded to the Hirer.
The minimum Rental Period shall be 1 day (24 hours), irrespective of whether the Hirer returns the Vehicle before the expiry thereof.
Subject to the termination clause, the Rental Period comes to an end on the Return Date by the handing over of possession of the Vehicle and the keys by the Hirer to the Owner.
The Hirer shall pay the applicable Daily Rates and all other services, products, charges, expenses and costs stated in the Rental Summary for the rental of the Vehicle, or which he is liable to pay under the Rental Agreement (hereinafter the “Rental Costs”).
Rental Costs shall also include charges for additional services, extras or Protection Products applicable to the specific rental of a Vehicle as stated in the Rental Summary.
A ‘day’ in the Rental Summary means a complete or partial period of 24 consecutive hours from the start of the Commencement Date.
The Owner may require a Deposit which shall be payable on or before the Commencement Date, and in any event before taking possession of a Vehicle.
The Deposit may be used for any future claims which the Owner may have against the Hirer in connection with the Rental Agreement. The Deposit shall be determined by the Owner dependent on the size, class and make of the Vehicle.
The sum of the Deposit shall be stated on the Rental Summary and will be collected by the Owner, in addition to any other Rental Costs, from any credit card or debit card presented before or during the rental which will be retained for this purpose unless otherwise agreed between the Parties.
No interest shall be payable by the Owner on the Deposit and the Owner is under no obligation to hold the Deposit in any account separate from its own assets.
Subject to these Terms and Conditions, the Deposit and any additional monies taken from the Hirer, to the extent that this amount has not been needed to satisfy the Owner’s claims under the Rental Agreement, will be refunded to the Hirer within a period of 60 days from the Return Date, or if the Vehicle is lost, stolen or involved in an accident, from the agreed end of the Rental Period.
In addition to the Daily Rates, the Hirer shall pay to the Owner on demand:
- any additional products, services, sums, fees, costs or charges notified to the Hirer by the Owner and/or as set out in this Rental Agreement;
- a fee of EURO 2.50 per litre to refuel the Vehicle to the level it was at on the Commencement Date;
an administrative fee of:
- EURO 20.00 for having to refuel the Vehicle in accordance with clause 25 (c).
- EURO 50.00 for processing any fines or offences against the Vehicle, Owner, Hirer or any Authorized Driver or any person the Hirer permitted to use the Vehicle during the Rental Period; and
- a cleaning fee of a minimum of EURO 20.00 if the Hirer fails to return the Vehicle in good condition or due to unusual wear and tear, including but not limited to smoking in the Vehicle or coarse soiling. The Owner shall be at liberty to charge an additional cleaning fee if the Vehicle requires extensive cleaning.
Payment of the Rental Costs and any other sums due to the Owner, shall be made in clear funds either in cash, by credit card or by wire bank transfer. No other forms of payment shall be accepted unless expressly agreed to in writing by the Owner.
Unless agreed to otherwise, the Rental Costs shall be calculated and is payable in EURO.
Securing Hirer’s Payment Details
The Hirer agrees that the Owner may retain the full details of any credit card or debit card used by the Hirer in connection with the Rental Agreement for the purposes of ensuring that the Hirer complies with his obligations to pay the Rental Costs.
The Hirer unequivocally agrees and consents to the Owner unilaterally deducting the Rental Costs from any debit or credit card, the details of which have been retained by the Owner, in the event that the Hirer fails, neglects or refuses to make payment.
RESERVATION, DELIVERY & RETURNS
The Hirer may reserve a Vehicle through the Owner’s website or the various communication methods specified thereon.
A minimum period of 24 hours’ notice must be given for the reservation and/or rental of a Vehicle, unless expressly agreed to otherwise by the Owner.
The Hirer may change the details of the reservation, provided that no less than 24 hours’ notice is given to the Owner before the Commencement Date and subject to availability. The Owner reserves the right to charge for changes that are requested with less than 24 hours’ notice.
Should the Hirer wish to cancel a reservation, he must provide the Owner with at least 48 hours’ prior notice in writing. The Owner reserves the right to charge such fees as it deems necessary for cancellations made with less than 48 hours’ prior notice.
The Vehicle shall be delivered by the Owner to the Hirer at such location as may be notified to the Hirer during the Working Hours.
In the event that the Hirer requires the delivery of the Vehicle outside of Working Hours, the Owner reserves the right to charge such additional fees as it deems appropriate.
The Vehicle shall only be delivered to the Hirer upon signature of the Rental Summary and compliance with all other procedures set out in the Rental Agreement.
Prior to taking possession of the Vehicle, the Hirer shall be required to sign on the Vehicle Inspection Diagram that he has inspected the Vehicle and noted any defects, marks, scratches or dents thereon, if any. Unless otherwise provided for in the Rental Agreement, the Hirer shall be liable for any damage caused to the Vehicle which is not indicated on the Vehicle Inspection Diagram.
The Vehicle shall be returned to the same location where it was collected by the Hirer or delivered by the Owner on the Commencement Date or as otherwise stated on the Rental Summary or directed by the Owner.
- a grace period of 59 minutes will be allowed if the Vehicle has exceeded the expiry of the Rental Period (as Extended);
- any delay of 59 to 119 minutes will result in a fee equivalent to 30% of the Daily Rate;
- any delay of 120 to 179 minutes will result in a fee equivalent to 60% of the Daily Rate; and
- any delay exceeding 179 minutes will be charged the full Daily Rate until returned.
USE OF VEHICLE
Only the Hirer is permitted to operate the Vehicle unless the Owner expressly permits additional drivers who meet the eligibility requirements set out in clauses 7 to 10 (hereinafter “Authorized Drivers”). The Owner reserves the right to impose restrictions on, and charge an additional fee for, each Authorized Driver.
Authorized Drivers shall be specified on the Rental Summary. Any person not specified on the Rental Summary as an Authorized Driver shall not be permitted to operate the Vehicle.
The Vehicle must not be used:
- by anyone other than the Hirer and/or an Authorized Driver;
- for any unlawful or illegal purpose;
- for paid transfers of passengers or goods or any commercial use;
- for racing, competition, testing the Vehicle’s reliability and/or speed or teaching someone to drive;
- for the propulsion or towing of any other vehicles or objects;
- for the transport of animals without the prior consent of the Owner;
- contrary to the Vehicle manufacturer’s specifications;
- contrary to road traffic rules and regulations;
- outside of marked main public roads;
- on unpaved roads or beaches;
- while the driver is under the influence of alcohol, narcotics, drugs or medication;
- to smoke in, including the use of e-cigarettes;
- in a careless or reckless manner;
- to transport toxic, hazardous, poisonous, easily flammable or otherwise dangerous substances other than the minimum amounts required for household use;
- overloaded with more passengers than seatbelts, to transport children without the use of legally required car seats or otherwise in breach of prescribed safety regulations;
- to drive through or over water or any objects that the Hirer knew or ought to have known rise above the ground clearance of the Vehicle;
- to drive under a barrier lower than the overhead clearance of the Vehicle;
- in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, included any associated service roads, fuel supply areas, ground equipment parking area, aprons, maintenance zones and hangars;
- to transport goods with a weight heavier than authorized for the Vehicle, or to transport goods deficiently distributed or badly secured, or to carry goods that the Hirer does not own for a fee unless authorized by the Owner; or
- in contravention of this Rental Agreement or any applicable laws or health and safety rules and regulations.
The Hirer is required at all times to:
- lock the Vehicle and secure all of its parts when it is left unattended;
- not let anyone work on the Vehicle without the Owner’s express written permission;
- check the oil, water levels and tyre conditions and pressure of the Vehicle at regular intervals during the Rental Period;
- stop using the Vehicle as soon as possible and immediately contact the Owner as soon as he becomes aware of any fault with or malfunction of the Vehicle. The Hirer must take heed of any warning lights or indicators that may appear on the dashboard of the Vehicle;
- bring the Vehicle back to the agreed return location specified in the Rental Summary at the end of the Rental Period in the same condition as it was when handed over by the Owner on the Commencement Date and according to the condition description of the Vehicle on the Rental Summary and/or Vehicle Inspection Form, fair wear and tear excluded. The Owner shall inspect the Vehicle to check its condition and compliance with the Rental Agreement. The Hirer will remain responsible for the Vehicle and its condition until the inspection is complete, or for 1 hour after its return, whichever is the shorter period;
- ensure that he has no left any personal belongings or effects in the Vehicle before it is returned to the Owner;
- pays any fines, fees, charges, costs or penalties that are imposed, issued or incurred in connection with the Hirer’s usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted to use the Vehicle), including but not limited to fines or fees for illegal parking, speeding or violations of road traffic law, rules and regulations;
- where the Vehicle requires fuel, to use nothing other than the appropriate fuel as indicated in the Vehicle; and not to unseal or tamper with the kilometer or mileage indicator.
Accidents, Damage, Loss or Theft
In the event of an accident or if the Vehicle is damaged, lost or stolen, the Hirer shall:
- immediately and accurately report the accident, loss or theft to the Owner by any means and confirm this promptly in writing (e-mail or WhatsApp is sufficient) to the Owner no later than 24 hours from the moment the Hirer becomes aware of the event;
- take photographs of the accident, or scene of loss or theft and provide a copy of the driving licence of the Hirer and/or any Authorised Driver if required;
- upon request by the Owner, report any accident (save for minor accidents with minimal damage and/or loss), theft or loss to the police as soon as reasonably practicable and confirm this promptly in writing to the Owner;
- avoid admitting responsibility to anyone in relation to an accident unless required to do so by law and in any event, before informing the Owner;
- as far as possible, request the names and addresses of everyone involved, including witnesses, and provide them to the Owner;
- promptly forward to the Owner, any notice or other documents relating to any legal proceedings arising out of the accident, theft or loss;
- cooperate with the Owner and the Owner’s insurers including responding to requests for full and true information and provide assistance in any matters or legal proceedings including allowing proceedings to be brought by the Owner in the Hirer’s name and defending any proceedings brough against the Hirer; and
- return the original keys or any other device with unlocks the Vehicle and/or enables to the Vehicle to be started, to the Owner.
store, process, communicate and share;
- the Personal Information; and
- information and data retrieved from the Vehicle;
- use the Personal Information for the purposes of assisting it in providing better products and services, including for the purposes of compiling statistics and making analyses about the Owner’s products and services;
- use and share the Personal Information with third parties to prevent fraud and protect the Owner’s business interests and rights, privacy, safety and property, or that of individuals and the public. This may be done to respond to law enforcement requests, collect unpaid bills, to avoid liability for penalties the Hirer has incurred (e.g., traffic citations), to establish, exercise or defend legal claims, and for claims processing purposes.
The Vehicle may be equipped with technology that collects and transmits data, including information collected from event data recorders, global positioning devices, or any other similar technology. When installed and where permissible, the said technology will enable the Owner to collect and use information on the basis of Owner’s legitimate interest, performance of the Rental Agreement or where required with the Hirer’s consent, including but not limited to:
- location information;
- collision information; and
- vehicle operation information, such as operational condition, mileage, tire pressure, fuel status, and other diagnostic and performance information.
This information may be combined with information the Hirer has provided to the Owner and used to fulfil both the Owner and the Hirer’s obligations under the Rental Agreement. The Owner’s use of the information may also include storage of this information after the expiration of the Rental Agreement.
The Owner has the sole right and responsibility to repair the Vehicle and the decision as to whether to repair the Vehicle, and the timing of such repairs, is at the sole discretion of the Owner.
The Hirer shall on demand pay to the Owner, the Owner’s costs reasonably incurred when collecting payments due from the Hirer, including but not limited to administrative fees, third party fees and legal fees.
The Hirer’s liability for damage to, loss or theft of, the Vehicle, may be reduced by the purchase of Protection Products in accordance with clause [*].
In the event of damage to, or loss or theft of, the Vehicle, or a part of accessory thereof from the Commencement Date up to the time that the Vehicle is inspected by the Owner or at the expiry of the Rental Period, whichever period is shorter, unless caused by the Owner’s willful misconduct or negligence, the Hirer may be liable for the following costs, charges and damages (provided this does not result in the Owner being compensated twice for the same loss):
- the charges invoiced to the Owner for the specific repair of the Vehicle, or replacement of the part or accessory;
- a bona fide estimate of the cost to the Owner for the repair of the Vehicle, or replacement of the parts or accessories (as applicable) calculated by reference to the Owner’s standard list of minor repairs (which has been independently verified and is available upon request) or by an estimate provided by a repair shop;
- to the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer.
- in the event that the total estimated repair cost is greater than the value of the Vehicle, minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;
- the Owner’s resulting loss of revenue at the Daily Rate, based on the Owner’s loss of income from the Vehicle;
- in the event if loss or theft of the Vehicle, an estimate of the pre-theft or pre-loss retail value of the Vehicle, as independently verified;
- a daily administrative cost of EURO 50.00;
- any towing or storage fees as a result of the damage to, loss or theft of the Vehicle;
- any administrative or third-party costs or charges, including but not limited to bank fees, legal costs.
Notwithstanding the above, the Hirer shall indemnify the Owner in full for any loss or damage suffered, or claims by any third party as a result of the willful misconduct or negligence of the Hirer whilst using the Vehicle, or a breach of the Rental Agreement.
In the event of an accident, theft, or loss of the Vehicle, the Hirer shall be liable for any damage whatsoever or howsoever caused to the Vehicle and the full cost to repair and return it to the condition it was in prior to the Commencement Date, and may be further subject to the fees, charges, costs and damages set out in clause 49, unless the Hirer has chosen one of the Protection Products available.
Depending on the type of the Protection Product chosen, the Hirer reduces his liability in the event of damage to the Vehicle. The Protection Products shall be chargeable on a daily basis and is in addition to any other Rental Costs. The Rental Summary shall state the type of Protection Product which has been chosen by the Hirer and its cost per day.
In the event that the Hirer breaches any part of the Rental Agreement, including but not limited to the Prohibited Use, General Obligations, or procedures and protocols to be followed in the event of an accident, theft or loss, the Owner shall be at liberty to void any Protection Product which may have been taken out by the Hirer and the Hirer shall not be entitled to any refund thereto.
If the Hirer chooses to take out Basic Protection, the sum payable by the Hirer to the Owner in the event of an accident, theft, loss or damage to the Vehicle shall be limited to the sum of EURO [*]. Basic Protection is included as part of the Daily Rate.
If the Hirer chooses to take out Medium Protection, the sum payable by the Hirer to the Owner in the event of an accident, theft, loss or damage to the Vehicle shall be limited to the sum of EURO [*].
If the Hirer chooses to take out Full Protection, the Hirer’s liability in the event of theft, damage or loss of the Vehicle is reduced to zero.
For the avoidance of doubt, the Hirer shall not be exempt from liability or covered under any Protection Product for any accident, theft, loss or damage caused to or by the Vehicle in breach of any term of this Rental Agreement.
The Rental Agreement terminates upon the expiry of the Rental Period, or the Extended Rental Period, as applicable, or as otherwise stipulated in the Rental Agreement.
The Hirer may return the Vehicle and terminate the Rental Agreement before the expiry of the Rental Period for any reason by the returning the Vehicle in accordance with clause 13.
In the event of an accident or loss or theft of the Vehicle, the Rental Agreement shall be automatically terminated when the Hirer has, to the Owner’s satisfaction, complied with protocols and procedures for an accident, loss or theft set out in this Rental Agreement.
Either party may terminate the Rental Agreement with immediate effect if the other party commits a breach of the Rental Agreement or if security risks for the Hirer, Authorized Drivers or third parties require an immediate return of the Vehicle. A breach of the Hirer’s obligations under clauses [*] is a material breach.
Upon termination of the Rental Agreement, if the Hirer fails, neglects or refuses to return the Vehicle to the agreed return location, the Owner may be any means repossess the Vehicle and the Hirer shall be liable for any costs incurred in repossessing it.
Termination of the Rental Agreement shall not affect any rights or remedies provided by law which exist at or after the date of termination. Any parts of the Rental Agreement which by implication continue after such termination shall remain unaffected.
If any part of the Rental Agreement is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same is deemed omitted from the Rental Agreement and the validity and/or enforceability of the remaining provisions of the Rental Agreement is not in any affected or impaired as a result of that omission.
The Owner shall send any written notice provided under the Rental Agreement to the address the Hirer specified in the Rental Summary. The Hirer shall send any written notice, be provided under this Rental Agreement to the following address:
Doffay Car Rental
Seychelles, Mahe, Victoria, Providence Industrial Estate, MPS Commercial Building
Number: +248 2573196
Written notices may be sent by post, courier, e-mail or WhatsApp as appropriate.
The Rental Agreement shall be interpreted and construed in accordance with the laws of the Republic of Seychelles. In the event of any dispute concerning the Rental Agreement or its interpretation, the parties submit to the exclusive jurisdiction of the courts of Seychelles.
The Hirer acknowledges and agrees that he has been given adequate opportunity to read and understand the Rental Agreement and is free to secure independent legal advice before entering into it. The Hirer warrants that in accepting the Rental Agreement, he has done so voluntarily and under no threat of duress.