Terms and Conditions

 

 Terms & Conditions of Rental Agreement (“The Agreement”)

  1. Owner: A person 25 years old and older renting/hiring (“Renter”) acknowledges the owner of the motor vehicle rented ("the Vehicle") to be Turquoise Rent A Car (“Turquoise”).

  2. Bailment: Renter, by renting the Vehicle, accepts the obligations of a bailee of the Vehicle towards Turquoise as the bailor, personal care of the Vehicle, on the part of the Renter, being of the essence of the contract.

  1. Credit Card: Turquoise requires Renter to present a valid Master, Visa or American Express credit card ("the Credit Card") to complete this agreement and to confirm a reservation and/or on signing of this Agreement form. In such case, Renter authorizes Turquoise to debit all charges relating to the renting of the Vehicle, under the Agreement, to the Credit Card and warrants that the Credit Card will be good for all such charges, including any additional charges under paragraphs 6,8,12,14, 17 & 18. Renter also authorizes Turquoise to reserve credit with the Credit Card issuer to cover all charges estimated, at the time the Agreement is signed, as likely to accrue. Renter, in addition, authorizes Turquoise to debit the Credit Card with any subsequent charges (for example, where there is repair damage to be charged) and to correct any Credit Card charge that requires correction after invoices, etc., come to hand (Renter to be notified by Turquoise of any such correction).

  2. Minimum rental period: Unless any other arrangement is specifically agreed and recorded on the Agreement form, the minimum rental period shall be 1 day of 24 consecutive hours ("a rental day") commencing at the time the Agreement is signed. The extra hours rate shown on the Agreement form shall be chargeable for each hour or part thereof in excess of any agreed rental period of 1 or more rental days.

  3. Condition of Vehicle: Renter acknowledges the Vehicle to be in good and serviceable condition, and any external dents or scrapes identified and noted when rented, save for any exceptions noted and agreed at time of renting. Renter accepts the obligation to keep and return the Vehicle in the same condition as received, save for reasonable wear (of which Turquoise shall be the sole arbiter).

  4. Liability for damage and repairs, and Collision Damage Waiver ("CDW"): Renter shall be fully liable to Turquoise for the cost of repairing all damage sustained to the Vehicle while rented, save that where Renter has initialed the CDW box on the Agreement form and paid or agreed to pay the CDW daily fee. Renter shall be liable to Turquoise only for a $1,000.00 deductible, Turquoise otherwise waiving Renter's liability to Turquoise for the damage concerned. On return of the Vehicle as per the Agreement, or earlier repossession (see paragraph 11), Turquoise shall assess any damage repair cost and shall charge Renter for same (subject always to the operation of the CDW, if applicable). If the assessed cost of repair later turns out to have been too high, Turquoise shall refund the difference; if too low, Renter shall be liable for the shortfall. Turquoise may debit any assessed charge, or any additional charge after repair work has been completed and billed, and may credit any amount over-assessed, to the Credit Card.

  1. Drivers: Only Renter and, with Renter's permission, any Additional Drivers (who must be 25 years old and have a valid driver's license from a jurisdiction acceptable to Turquoise, and whose names and details appear on the Agreement form) are permitted to drive the Vehicle. Neither Renter nor any Additional Driver shall drive the Vehicle when affected by alcohol or drugs, or shall otherwise violate the Road Traffic Ordinance or Regulations thereunder, or otherwise drive contrary to law or in a manner hazardous to public safety or the safety of other road users or pedestrians.

  2. Renter responsibility, and indemnities: Subject to CDW (where applicable), Renter takes full responsibility, and indemnifies Turquoise, for any loss or damage flowing from the actions, defaults, and negligence of any Additional Driver while in charge of the Vehicle, and from any and all 3rd party claims, being claims other than those covered under the Motor Vehicles (Third Party Insurance) Ordinance, made to Turquoise, in respect of the use of the Vehicle during the period in which the Vehicle is rented. Both indemnities shall extend to all legal costs (on an indemnity basis) incurred by Turquoise in prosecuting or defending any action, or in negotiating a settlement of any claim, and all charges and costs (including any judgment or settlement sums) for which Turquoise may become liable, and to which these indemnities apply, and any such sums may be charged by Turquoise to the Credit Card.

  1. Care of Vehicle: Renter must take good care of the Vehicle, and must not take or attempt to transport by boat or vessel the Vehicle off the island where rented (but can drive the Vehicle between the islands of North Caicos and Middle Caicos via the causeway), or must not permit any third person (other than an Additional Driver) to drive it. Additional Driver must not permit any third party to drive the Vehicle. Renter and any Additional Driver must take all responsible precautions against theft and vandalism of the Vehicle, and against any other unlawful interference with it. The Vehicle shall not be used for towing or propelling any other vehicle, vessel, or thing, or for any illicit or illegal purpose, or for carrying passengers or goods for reward. When leaving the Vehicle at any place, Renter or any Additional Driver must leave the doors locked, and the windows and boot (trunk) closed.

  2. Accidents, etc: Renter must promptly and full report any accident, theft, or vandalism involving the Vehicle, to the Police and to Turquoise. If the Vehicle becomes immobilized, or suffers mechanical breakdown, or any serious defect becomes evident to Renter or to any Additional Driver, Renter or the Additional Driver concerned must contact Turquoise immediately and act in accordance with Turquoise reasonable instructions.

  3. Return of Vehicle: Renter shall return the Vehicle to Turquoise depot (or to such other place as may be specified on the Agreement form) within the time agreed as shown on the Agreement form or as otherwise agreed. If not so returned, or if involved in any accident or other incident requiring or involving a Police presence, or if Turquoise becomes aware of any breach of this Agreement, or if the Vehicle is found damaged or abandoned at any place Turquoise may, without prior demand or notice, take immediate possession of the Vehicle.

  4. Fuel: If (in any case where fuel is not prepaid) the Vehicle is returned with less fuel than it had when rented, Turquoise shall charge Renter the difference at then applicable (currently at the rate of US$9.00 per gallon) rates together with a service charge, and may debit any such amount to the Renter's Credit Card.

  5. Special or additional charges: Rates for special charges (additional time, service charges, protection charges, and additional services) shall be as per completed Agreement form, or separate written advice from Turquoise.  A Deposit is required on all rentals of $500.00 ("the Deposit") if rental payment is in cash, which will be paid in cash and returned/refunded to the Renter when the Vehicles is returned in good condition.  If the Vehicle is returned damaged, the Deposit will be applied towards the deductible for repairs.  If the cost of the repairs is less than the Deposit, the balance will be refunded to the Renter.

  6. Parking and traffic fines, penalties, etc: Renter is responsible for all parking and traffic fines, penalties, etc., charged or incurred during the period in which the Vehicle is rented under the Agreement; if Turquoise has to pay any such on behalf of Renter, the same shall be reimbursed to Turquoise by Renter, and may be debited to the Credit Card. Note there will be an additional processing/service charge for dealing with any such fine, penalties, charges, etc. in the sum of $150.00.

  7. Lost and Found: Any items lost or left in the Vehicles will be held by Turquoise for up to twenty eight (28) days only and discarded thereafter. Return of items by Turquoise to Renter is at the cost of the Renter

  8. Refunds: Note there will be no prorated fee or return of portions of rental fee due to early rental returns.  All rentals must be paid for in full to reserve.  There is no refund of prepaid rentals.  The fee paid can be applied towards a future rental to be used within six (6) months.

  9. Cancellation: You will be charged one day's rental fee for the class of vehicle you have booked.  There is no additional charge for change of reservation dates.

  10. Key:  Renter shall be responsible to return the key/remote used to start/lock and open the Vehicle in the condition handed to Renter.  Lost or damage to the key/remote is the responsibility of the Renter,  Renter will be liable to pay for the replacement or repairs of such key/remote.

  11. Assistance in legal proceedings, and legal fees: In the event that Turquoise is named as a party to any legal proceeding arising out of the use of the Vehicle during the period in which it is rented under the Agreement, Renter will co-operate fully, and lend any assistance reasonably requested by Turquoise, in relation to same. Subject to CDW (where applicable), all legal fees and disbursements, and all Court costs and fees, and any judgment awarded against Turquoise in any such proceeding, and any legal costs incurred in negotiating a settlement, and any settlement amount reasonably agreed to by Turquoise, shall be reimbursable by Renter to Turquoise, and Turquoise may debit the Credit Card in relation to same. Likewise any legal fees and disbursements, and any Court fees, and all Court costs on a solicitor and client basis, incurred by Turquoise in enforcing this Agreement, shall be reimbursable to Turquoise by Renter, and the Credit Card may be debited in relation to same.

  12. These terms and conditions form part of Turquoise’s Rental Agreement and by signing the Rental Agreement or making and completing an online booking, you are agreeing to the terms and condition herein stated. 

  13. Governing law, and jurisdiction: Turquoise accepts no liability for claims made, or judgments obtained, against it, in relation to this Agreement or otherwise in relating to the renting of the Vehicle, outside the Turks & Caicos Islands ("TCI"), this Agreement being governed by TCI law and Renter accepting the exclusive jurisdiction of the TCI Courts in relation to it, and to any dispute concerning the renting or use of the Vehicle or any matter touching or concerning same.



 

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