Term

SEA TO SKY EXOTIC CAR RENTAL

TERMS AND CONDITIONS

  1. Rental Agreement. The Renter agrees to rent from Sea to Sky Exotic Car Rental Ltd. (“Sea to Sky”) the vehicle as described on the Car Rental Agreement (the “Vehicle”) for the dates listed therein (the “Rental Period”) subject to the terms and conditions contained herein.
  2. Initial Payment. The Renter authorizes Sea to Sky to charge the full rental fee Balance to his or her credit card on file at the time of entering into this Agreement (the “Initial Payment”).
  3. Security Authorization. In addition to the Initial Payment, the Renter understands and agrees that Sea to Sky will also place a pre-authorization on the Renter’s credit card at the time of entering into this Agreement (the “Security Deposit”). This Security Deposit will be used to cover to any additional fees or damages the Renter incurs during the Rental Period.
  4. Additional Fees. The Renter understands and agrees that he or she will be liable for any additional charges, including but not limited to the following:
  1. optional services, mileage and Loss Damage Waiver, if applicable;
  2. surcharge for additional authorized additional drivers;
  3. applicable taxes;
  4. theft and damage costs, specialist cleaning charges, loss of use, diminution of the Vehicle’s value, and costs to enforce such charges including administrative fees for processing any claims and legal expenses arising from any prohibited conduct under the terms of this Agreement;
  5. all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Vehicle assessed against Sea to Sky or the Vehicle during the Rental Period; and
  6. all expenses Sea to Sky incurs due to Renter’s failure to return the Vehicle including costs in locating and recovering the Vehicle
  1. Impoundment. ln the event the Vehicle be impounded by the police as a result of any misconduct of the Renter or in violation of Section 7, the Renter will be liable to pay Sea to Sky loss of use for the time the Vehicle is not accessible to Sea to Sky. The rate will be 100% of the daily rental rate for the first 7 days and 70% of the daily rental rate for any days thereafter.
  2. Late Payment. Any non-payment of fees or fines will bear interest at a rate of 18% per annum, or the maximum amount allowed by law, for any monies which remain owing after termination of the Rental Period.
  3. Authorized Drivers. The Renter and any other party to this Agreement are the only individuals permitted to operate the Vehicle (“Authorized Driver”). Authorized Drivers must: (i) be 25 years of age or older; (ii) sign this Agreement; (iii) hold a current valid driver’s license to operate the Vehicle; and (iv) do not and are not suffering from any physical disability or defective vision or hearing which may impair his or her driving abilities. Any other drivers are prohibited from operating the Vehicle.
  4. Restrictions on Use. The Renter agrees he or she will not: (i) permit the Vehicle to be driven by any person who is not an Authorized Driver; (ii) allow anyone to smoke inside the car; (iii) drive the car into the US unless otherwise permitted by Sea to Sky; or (iv) operate the Vehicle or permit it to be operated: (a) in violation of any laws, including but not limited to: driving under the influence of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription; (b) in breach of motor vehicle driving rules and regulations; (c) to commit a criminal act or for an illegal purpose; (d) for any race, test, or contest; (e) for the transport of more passengers or goods than the maximum allowable for the Vehicle or to carry hazardous or explosive substances of any kind; (f) to be driven by any person who does not hold a current valid driver’s licence; (g) to be driven or parked on roadways not regularly maintained, or on any roads, beach, driveway, or surface likely to cause damage to the Vehicle; (h) to push or tow any other vehicle; or (i) to transport any animal in the Vehicle (with the exception of guide dogs for visually impaired people). This is a material term of the Agreement and any violation of this Restrictions on Use will be deemed to be a material breach. In the event of any such breach, Sea to Sky will be entitled, at its discretion, to terminate this Agreement forthwith and the right to hold back any amounts from the Security Deposit. The Renter agrees that if he or she commits a breach of this Section 7, Sea to Sky will have the authority to charge the credit card up to the full pre-authorized amount if required to account for any loss of use or loss of business.
  5. Liquidated Damages for Multiple Breaches. In circumstances where the Renter receives 2 or more traffic fines or penalties or any combination of the activities listed in Section 7 above or Sections 10 and 14 below, this will be deemed to be a material breach of the Agreement, and Sea to Sky will be entitled, at its discretion, to terminate this Agreement forthwith and charge the Renter’s credit card $1,000 for each violation in addition to and not in substitution of the Security Deposit amount.
  6. Condition of Vehicle. The Condition of Vehicle Checklist is attached to this Agreement and is hereby incorporated by reference. The Renter acknowledges that he or she has examined the Vehicle and has determined it is in good condition except as otherwise specified in the Checklist. Sea to Sky makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability and fitness for a particular purpose.
  7. Return of Vehicle. The Renter shall return the Vehicle to the agreed upon return location on the date listed on the Car Rental Agreement (the “Return Date”) and in the same condition as the Renter received it, except for normal wear and tear. If the Vehicle is not returned on the Return Date, Sea to Sky reserves the right to take any action necessary to regain possession of the Vehicle.
  8. Insurance. Sea to Sky provides mandatory third-party liability insurance in the amount of $200,000 included in the daily rental rate. In the event the Renter elects to use its own automobile or credit card insurance to cover claims not covered by Sea to Sky’s third party liability coverage, the Renter hereby grants and appoints to Sea to Sky a limited power of attorney: (a) to present insurance claims to Renter’s insurer and/or credit card if (i) the Vehicle is damaged, lost or stolen, and where the Renter fails to pay for any such damages, or (ii) any liability claims against Sea to Sky that arise in connection with this Agreement that are not already indemnified by the Renter; and (b) to endorse Renter’s name for Sea to Sky to receive insurance or credit card payments directly for any such claims, liabilities or rental charges.
  9. Optional Loss Damage Waiver. In addition to the insurance coverage, the Renter has the option to purchase Loss Damage Waiver from Sea to Sky (“LDW”). LDW is not insurance but a waiver of Sea to Sky’s right to collect from the Renter or other Authorized Driver(s) for the loss or damage to the Vehicle. If the Renter purchases LDW, Sea to Sky agrees, subject to the actions that invalidate LDW listed below, to contractually waive the Renter’s responsibility for all or part of the cost of damage to, loss or theft of the Vehicle or any part or accessory and any related costs regardless of fault or negligence, up to the full value of the vehicle including administrative and loss of use fees less the applicable deductible. Notwithstanding the foregoing, LDW does not provide protection for lost keys or key fobs, or any optional services. The following will invalidate any LDW plan:
  1. If the Vehicle is damaged when used or driven in violation of Section 7 (Restriction on Use);
  2. if Renter misrepresents facts to Sea to Sky pertaining to rental, use, or operation of the Vehicle;
  3. if Renter fails or refuses to provide Sea to Sky, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Sea to Sky, police, or other authorities in the investigation of any accident or vandalism; or
  4. if the Vehicle is stolen and Renter fails to: (a) inform Sea to Sky as soon as possible; (b) return the original ignition key of key fob; or (c) cooperate fully with Sea to Sky, police or other authorities in all matters connected with the investigation of the theft.
  1. Renter’s Liability. The Renter is solely responsible for any and all costs not covered by his or her insurance or where his or her actions invalidate the LDW.
  2. Repair or Loss and Reporting to Police. The Renter will not service, repair or replace any parts or accessories without the consent of Sea to Sky. Renter shall immediately inform Sea to Sky of any damage to the Vehicle. Renter will be responsible for any loss or damage to Vehicle and loss of use, diminution of the Vehicle’s value caused by damage to it or repairs to it and any missing equipment. In the event Renter is in an accident, has an incident in Vehicle or if the Vehicle is subject to theft or vandalism, the Renter shall report the accident or incident to Sea to Sky as soon as practicable.
  3. GPS Tracking. The Renter acknowledges that the Vehicle is equipped with a geo-location system used to locate the Vehicle. Sea to Sky has the right to access the Vehicle’s GPS in the event it is: (i) stolen, (ii) not returned by the Renter, (iii) involved in an accident, or (iv) damaged as a result of a deliberate breach of Section 7 (Restriction on Use).
  4. Termination. This Agreement will terminate on the Rental Date unless otherwise terminated earlier by Sea to Sky. In the event Sea to Sky terminates the Agreement before the Return Date, and if the Renter is not in default of any term of this Agreement, the Renter may be entitled to a pro rata refund of the rental fee Balance for the days not used.
  5. Indemnification and Liability. Regardless of insurance coverage, Renter shall indemnify Sea to Sky from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Vehicle by any cause, except to the extent caused by Sea to Sky’s gross negligence or willful misconduct. In no event shall Sea to Sky be responsible for any indirect, special or consequential loss or damages arising from Renter’s use of Vehicle, including but not limited to loss profits and loss revenue, even if informed of such damages. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.
  6. Ownership. Sea to Sky will at all times retain ownership and title to the Vehicle. At no times will the Renter act as an agent for Sea to Sky or be authorized to bind, encumber, transfer, chattel or sell the Vehicle.
  7. General. This Agreement shall be construed in accordance with the laws of the Province of British Columbia.  Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.  This Agreement contains the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications.  This Agreement can only be modified by a written agreement between the parties. This Agreement is binding upon and for the benefit of the parties and may not be assigned by the Renter without the prior written consent of Sea to Sky. Any attempt to do so shall be a material default of this Agreement and shall be void.