In this Agreement, unless the context otherwise requires:
“Agreement” shall mean the entirety of the “Rental Agreement” comprised of “Part 1”, “Part 2”, “Part 3”, “Part 4”, “Part 5” and the “General Terms & Conditions” cumulatively.
“Operators ” shall mean the Franchisee, Retrams Ltd. a limited liability company duly registered and incorporated under the Laws of Malta.
“Hirer” shall mean the person/s identified under Part 1 of this Agreement, which shall also include any Additional Driver identified thereat and whose signature/s appear/s on this Agreement.
“Vehicle” shall mean the vehicle identified under Part 2 of this Agreement.
“Rental Period” shall mean the specific agreed time-period between the ‘Date Out’ and ‘Date In’ as indicated under Part 3 of this Agreement.
“Insurance Coverage” shall mean the relevant Motor Insurance Policy indicated in Article 7 of this Agreement.
“Excess Reduction” (ER) shall have the meaning attributed to it in Article 8 of this Agreement.
In this Agreement, words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders.
ARTICLE 2 – Rental of Vehicle
The Operators agrees to rent the Vehicle to the Hirer (whose signature appears on this Agreement) who accepts same, under the terms and conditions herein specified and which the Hirer hereby accepts without any reservation whatsoever and undertakes to observe.
ARTICLE 3 – Use of the Vehicle
The Hirer undertakes and binds himself not to:
Permit or otherwise allow any other person other than those indicated under Part 1 of this Agreement to drive, operate or otherwise make use the Vehicle;
Drive, operate or otherwise make use of the Vehicle while under the influence of drugs or alcohol;
Drive, operate or otherwise make use of the Vehicle for the paid carriage of passengers or goods;
Drive, operate or otherwise make use of the Vehicle for the towing or pushing of any other vehicle or trailer;
Drive, operate or otherwise make use of the Vehicle for any illicit, immoral or illegal purpose;
Drive, operate or otherwise make use of the Vehicle off-road or on any untarmacked or unmade roads;
Leave or otherwise exit from the geographical territory of the Republic Malta with the Vehicle;
Overload the Vehicle, such as by carrying more than one (1) passenger at any given time;
Make use of the Vehicle in any other manner which may be detrimental to the Operators interests.
The Hirer declares that he is over twenty-one (21) years of age and that he has held a valid driving license for the past three (3) years. The Hirer shall in no case assign, sell, mortgage or pledge the Vehicle or any of the provisions stipulated in this Agreement. Children under three (3) years of age are not allowed inside the Vehicle under any circumstances.
ARTICLE 4 – Condition of the Vehicle
The Hirer acknowledges that he has received the Vehicle in a clean state and in a proper operating condition and that upon renting the Vehicle he has personally inspected the said Vehicle and indicated any damage on the attached Condition Report accordingly. Any material damage caused to the Vehicle during the Rental-Period other than through any accident/collision is not covered by the Insurance Coverage and the Hirer agrees and accepts that any such damage, of whatever nature, shall be borne by him personally and that to this effect the Operators may withdraw funds from the Hirer’s credit/debit card in satisfaction of any such claim for damages without the need for any additional authorisation and/or signature on the part of the Hirer and this without prejudice to the right of the Operators to claim any further amount due from the Hirer.
The rental price, charges and any pre-authorised payment indicated under Part 5 of this Agreement are determined by the applicable rental rates and are payable in advance. Hirer agrees that upon rental, apart from the total estimated rental price for the Vehicle, the Operators will request a pre-authorisation on his credit/debit card, which the Hirer hereby accepts, up to the following specified amounts: two hundred and fifty Euro (€250) if the Hirer is between twenty-one (21) and twenty-five years (25) of age and one hundred and fifty Euro (€150) if the Hirer is twenty-five years (25) of age and over. In no event shall any pre-authorised payment serve to extend the Rental Period of the Vehicle indicated under Part 3 of this Agreement. Should the Hirer wish to retain the Vehicle for a period exceeding the Rental Period, he shall obtain prior written authorisation to that effect from the Operators and effect a further payment in advance accordingly. The Hirer binds himself to return the Vehicle to the Operators on the specified date and time and at the designated location as indicated under Part 3 of this Agreement. In the event that the Hirer returns the Vehicle before the date indicated under ‘Date In’ in Part 3 of this Agreement, he shall not be entitled to any refund of the agreed rental price and/or charges. Should the Hirer return the Vehicle after the agreed Rental Period, a further charge equivalent to fifty Euro (€50) per hour exclusive of V.A.T. shall be paid by the Hirer for every extra hour or part thereof during which the Hirer shall have retained possession of the Vehicle over and above the agreed Rental-Period. Any outstanding balance shall at all times remain payable by the Hirer. Hirer hereby agrees and irrevocably accepts that the Operators may, at any time during or even after the Rental Period, withdraw and deduct funds from the Hirer’s credit/debit card without the requirement of any signature or other additional authorisation by the Hirer, in satisfaction of any financial liabilities deriving from this Agreement, including but not limited to any damages, charges, parking tickets, fines and/or other penalties relating to the Rental Period, plus costs. The Operators responsibility shall be limited to the ultimate production to the Hirer of any relevant receipts covering the substance and cost of such deductions.
ARTICLE 6 – Liability of the Hirer
At all times the Hirer shall remain personally liable under all relevant laws for: (i) any damage caused to the Vehicle or to any other property of the C; (ii) any injury caused to any person; (iii) any damage caused to any third-party property – which occurs as a result of the Hirer using/driving/operating the Vehicle in violation of any of the Laws of Malta. The same shall apply where any misrepresentation or false or misleading information/documentation has been supplied to the Operators by the Hirer or where the Hirer is otherwise in breach of this Agreement.
ARTICLE 7 – Insurance Coverage
The Vehicle is covered by a fully comprehensive insurance policy, the terms and conditions of which the Hirer has read and understood and undertakes to observe. In case of an accident and/or collision the Hirer undertakes to take all necessary steps to safeguard the interests of the Operators and of its insurance company. In particular, Hirer undertakes to:
report to the Operatos and concurrently to the local Police authorities and/or with the Local Wardens any accident, collision, theft or fire involving the Vehicle;
register and/or record by any appropriate means, the name, address and license / identity card / passport number of the other person/s involved in the accident/collision; the date, time and location of the accident/collision, the number-plate of the other vehicle/s involved, the circumstances of the accident/collision and the insurance company and insurance policy number of the other vehicle/s involved;
refrain at all costs from discussing liability or deal or settle with any involved parties regarding the accident/collision;
co-operate with the local Police authorities and/or with the Local Wardens in their lawful reporting and investigation of any accident, collision, theft or fire involving the Vehicle.
The breach of any of the above conditions by the Hirer will render the Insurance Coverage as well as any ER null and void and any liability will be borne exclusively by the Hirer up to the market value/cost of replacement of the Vehicle. The Insurance Coverage does not cover against personal death or injury of the Hirer, nor does it cover against any loss of or damage to the Hirer’s personal belongings of whatever nature. The Insurance Coverage is only valid for the Rental Period – thereafter, unless a written authorisation to extend the Rental Period has been endorsed by the Operators in accordance with Article 5, all liabilities arising out of any accident/collision shall be borne by the Hirer personally. The excess for any insurance claim shall be of eight hundred Euro (€800).
ARTICLE 8 – Excess Reduction (ER)
Without prejudice to Article 7, the Hirer may opt to pay an additional sum equivalent to ten Euro (€10) whereby the amount payable by way of excess for any insurance claim in the case of an accident/collision will be limited to a maximum of five hundred Euro (€500).
ARTICLE 9 – Indemnity
The Hirer shall defend, indemnify and hold harmless the Operators and its directors,franchisor, officers, employees, agents, shareholders, affiliates, subcontractors and clients from and against any and all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which may arise out of, relate to or result, whether directly or indirectly, from any act or omission of the Hirer’s operation or use of the Vehicle during the Rental Period.
ARTICLE 10 - Validity of Agreement & Severability
No amendment or variation whatsoever to the terms and conditions of this Agreement shall be valid unless made with the specific written consent of the Operators ''franchisee''. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision/s of this Agreement.
ARTICLE 11 – Applicable Law & Settlement of Disputes
This Agreement is governed by and shall be construed in accordance with the Laws of Malta. Any dispute, controversy, claim or contention that may arise in relation to this Agreement shall be resolved exclusively by means of arbitration proceedings which will proceed in accordance with the terms of law governing the workings and procedures of the Malta Arbitration Centre. The arbitration proceedings will be conducted in English.