In this AGREEMENT, unless the context indicates otherwise, the following expressions will bear the following meanings:
1.1 “COMPANY” means Krabi Car Rentals company;
1.2 “RENTER” and “DRIVER” means the renter of the VEHICLE, as indicated in the AGREEMENT and who must be 20 years old or older and who must have held a valid unendorsed driver’s license;
1.3 “DAY” means a period of 24 hours (or any part thereof) calculated from the time the vehicle is received by the RENTER;
1.4 “VEHICLE” means the VEHICLE/s identified in this AGREEMENT or any other replacement vehicle provided to the RENTER by the COMPANY (including the VEHICLE documents, keys, tyres, tools and accessories supplied with the VEHICLE);
1.5 “RENTAL PERIOD” means the period between the date when the vehicle is taken out by RENTER and the termination date and time as specified on the AGREEMENT or, if such period is extended, the time and date entered on COMPANY’s records as being the date and time when the VEHICLE is returned to the COMPANY;
1.6 “AGREEMENT” means the rental agreement and these terms and conditions.
1.7 References to the singular will include the plural, the male gender will include the female gender, and references to persons will include natural and juristic persons.
2.1 The VEHICLE will be at RENTER’s sole risk from the date and time of receiving of the VEHICLE until the VEHICLE is returned to the COMPANY. The RENTER undertake to return the VEHICLE in the same condition that it has been received, fair wear and tear excepted;
2.2 The RENTER will return the VEHICLE, on the expiry or termination of this AGREEMENT, at his expense to our representative at the collection address recorded in the AGREEMENT. The RENTER acknowledges that failure to return the VEHICLE in terms of this AGREEMENT will constitute a breach of the AGREEMENT and illegal possession by the RENTER, and the COMPANY may report the VEHICLE as stolen and/or repossess the VEHICLE wherever same may be found and from whomsoever is in possession thereof;
2.3 When the RENTER returns the VEHICLE to the COMPANY, he will hand the keys of the VEHICLE to our representative.
The RENTER guarantees that:
3.1 All information presented by the RENTER is true and correct;
3.2 The DRIVER holds a valid unendorsed driving license;
3.3 The DRIVER will not drive the VEHICLE under the influence of alcohol, drugs or any other central nervous system stimulant;
3.4 The DRIVER is not physically prevented from operating the VEHICLE safely;
3.5 No person other than the DRIVER will drive the VEHICLE;
3.6 The DRIVER will lock the VEHICLE and activate any protection system installed in the VEHICLE when it is not in use and ensures that the keys of the VEHICLE are properly controlled;
3.7 the VEHICLE will not be used or driven for the conveyance of persons or property for reward, in contravention of or in breach of any law, in any race, speed test or contest, on roads not properly constructed;
3.8 The VEHICLE will not be used or driven in any way which would constitute a breach of any of the provisions of this AGREEMENT;
3.9 The VEHICLE will not be taken outside Krabi Province, except with COMPANY’s prior permission.
3.10 The DRIVER will drive the VEHICLE according to the traffic rules of Thailand.
4.1 The RENTER agree to pay the COMPANY:
4.1.1 The VEHICLE rental rates and other charges whichever may be applicable;
4.1.2 The cost of fuel supplied for the VEHICLE by the COMPANY which cost will be calculated upon return of the VEHICLE. If the VEHICLE is delivered to, or collected from the RENTER, he will be charged for fuel used from the time it leaves our office to the time it is returned. The RENTER is obliged to return the vehicle with the same amount of fuel as it had when collected. In the case of returning the vehicle with less fuel, the renter will be charged with the fuel difference. No refunds are issued for vehicles returned with more fuel than when collected.;
4.1.3 In the event that the VEHICLE is not returned on the return date, all amounts that would have been payable by the RENTER in terms of this AGREEMENT if the RENTAL PERIOD had been validly extended to the actual date of return of the VEHICLE;
4.1.4 All costs for which RENTER is liable, incurred by the COMPANY in repairing any damage of any nature whatsoever to the VEHICLE and any loss or damages suffered by the COMPANY as a result of theft, fire or any other cause whatsoever.
5.1 The COMPANY guarantees that all VEHICLES are under insurance.
5.2 The insurance does not cover any medical and other expenses to any party of the accident.
5.3 The RENTER’s / DRIVER’s liability will not exceed the amount of 10 000 THB, unless one or more of the exclusions in clause 5.4 is applicable.
5.4 The insurance does not cover loss of, or damage to the VEHICLE in the following circumstances, and the RENTER will be liable for all such loss or damage:
5.4.1 Where damage is caused to all glass, mirrors, lamps, tyres, rims, hubcaps, windscreens or the undercarriage, if no collision of the VEHICLE has occurred;
5.4.2 Where damage or loss is sustained in an accident not caused by physical contact with another vehicle, person, animal or object;
5.4.3 In respect of personal belongings, key replacement, towing fees and claim administration fees.
6.1 The RENTER will be entitled at any time during the initial period to orally extend the RENTAL PERIOD.
6.2 This extension will however only be valid if confirmed by the COMPANY.
7.1 The COMPANY will be entitled to terminate this AGREEMENT if the RENTER and/or the DRIVER commits any breach of this AGREEMENT. The COMPANY will then be entitled to the immediate return of the VEHICLE, and furthermore any amount then and there owing by the RENTER will become immediately due and payable.
8.1 Save as is provided for in law and provided that there was no negligence on the COMPANY’s part, the COMPANY will not be liable for any damage and/or injury and/or death arising out of any defect in and/or mechanical failure of the VEHICLE, nor for any loss or damages to any property transported in or left in the VEHICLE, nor for any damages, injury, death, consequential loss, loss of profits, or any other damages which the RENTER or the DRIVER or any person transported in the VEHICLE may suffer arising out of this AGREEMENT.
9.1 If the VEHICLE is involved in any accident or collision, or is lost or stolen, the RENTER and/or DRIVER will take all such steps to safeguard the COMPANY’s interests, including, but not limited to the following where appropriate:
9.1.1 Obtain the names and addresses of everyone involved and of possible witnesses, and details of other vehicles involved;
9.1.2 Not, without our prior consent, admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;
9.1.3 Notify the police and the COMPANY as soon as possible and in any event within 24 hours of the incident;
9.1.4 Within 48 hours of the incident complete and furnish to the COMPANY fully completed standard claim form;
9.1.5 Not abandon the VEHICLE and make adequate provision for its safety and security;
9.1.6 Cooperate with the COMPANY in any investigation, the lodging or instituting of any claim or action and the defence of any prosecution, claim or action relating to the above.
10.1 The cost of fuel is not included in the amount of the rental. The RENTER is obliged to return the vehicle with the same amount of fuel as it had when collected. Otherwise, the fuel used during RENTAL PERIOD will be charged.
10.2 The RENTER is not permitted to carry out any repairs, including replacing any tyres, on the VEHICLE.
10.3 Please be advised that although the COMPANY will use our best efforts, it is unable to guarantee the availability of the VEHICLE at a particular time due to possible circumstances beyond our control. In the event that the COMPANY is however unable to do this, it will endeavour to make alternative arrangements until such time as it is able to make the VEHICLE available.
10.4 The RENTER agrees that the COMPANY may need to resolve the arguments in the Court of Thailand for all purposes under this AGREEMENT, notwithstanding that the subject matter, cause of action, or amount involved be otherwise beyond the jurisdiction of the said court.
10.5 It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses will be and continue to be of full force and effect.
10.6 This AGREEMENT will be governed by and interpreted in accordance with the laws of the Kingdom of Thailand.