The terms and conditions established in this contract, in the carrying contract, in the benefits and protection plan attached, and in any other documents attached, constitute the norms that regulate the rental agreement subscribed between the contracting parties who, upon signing the present document, express their acceptance of all the terms and conditions.
Note that the English version is only informative and does not constitute the terms of our rental contract whose original version is in the Spanish language
FIRST: THE PARTIES
THE CAR RENTAL COMPANY is Empresa de Alquileres de Automóviles, S.A. (Hertz) and the owner of the vehicle rented is Inter marketing Inc. THE RENTERS are the natural and/or legal persons included in the rental document.
SECOND: OBJECTIVE OF THE CONTRACT
The objective of the present contract is the rental of the vehicle that includes its tools, parts, and accessories according to the inventory detailed in the Rental document that is delivered and received by THE RENTER at its satisfaction, and the good mechanical condition and operation.
THIRD: TERM OF THE RENTAL
THE RENTAL will begin upon the delivery of the vehicle to THE RENTER on the date stipulated in the Rental Document and will last until the vehicle is returned in any of the offices and working hours of THE CAR RENTAL COMPANY at its entire satisfaction.
If THE RENTER wants to use the vehicle for a time beyond the date provided for its return indicated in the Rental Document, he/she must communicate it to THE CAR RENTAL COMPANY before the expiration of the contract to obtain an extension. THE RENTER is constituted a depository of the vehicle because of this contract and is obliged in the same way as judicial depositories. If THE RENTER obtains the vehicle by fraud or any illegal action, or does not return the vehicle on the date provided, it will be considered an inappropriate use, and that the vehicle is being used without permission from THE CAR RENTAL COMPANY, the latter being able to proceed criminally against THE RENTER, who assumes the total liability of the vehicle. THE CAR RENTAL COMPANY reserves the right to immediately recover the possession of the vehicle in the place where it is, without a previous request, at its entire option, when in its opinion there is a contravention of the contract, it is violating the law or there is any possible risk. THE RENTER waives in fact the claims of any kind against THE CAR RENTAL COMPANY because of the application of this clause and must assume all the expenses and amounts derived from this action.
FOURTH: VALUE OF THE CONTRACT
THE RENTER must pay THE CAR RENTAL COMPANY because of the normal use of the vehicle, the amount in Dollars, legal currency of the United States of America, or its equivalent in Balboas, the totality of what corresponds as a result of the rates, charges, fines, judicial expenses, damages, fees, etc., among others, specified in the Rental Document and calculated up to the satisfactory return of the vehicle to THE CAR RENTAL COMPANY. Also, he/she must reimburse THE CAR RENTAL COMPANY the totality it has to incur in expenses for these or other concepts, in case of its incompliance.
FIFTH: FORM OF PAYMENT
THE RENTER must pay, upon ending the rental or when THE CAR RENTAL COMPANY demands it, the total resulting against him/her according to the settlement practiced in the Rental Document attached. THE CAR RENTAL COMPANY can freely dispose of the guarantee deposit to cover it, in case there is any.
SIXTH: GUARANTEE DEPOSIT
THE RENTER, in the cases determined by THE CAR RENTAL COMPANY, will have to deposit an amount of money to guarantee all the obligations contracted or that can be incurred according to the contract subscribed, at the time the rental begins. THE CAR RENTAL COMPANY could freely dispose of this deposit to cover the expenses or amounts outstanding of THE RENTER.
THE RENTER could also choose to leave a document acceptable to THE CAR RENTAL COMPANY as guarantee of his/her obligations, authorizing it to collect directly through that means, the total charges, including the damages to the vehicle.
THE RENTER waives any exception he/she could be entitled, to prevent the compensation of his/her contractual obligations according to what is hereby established.
SEVENTH: OBLIGATIONS OF THE RENTER*
THE RENTER expressly accepts the following obligations, extensive to the other authorized drivers:
1) To stay current with his/her rent.
2) To return the vehicle on the date provided in the Rental Document, with its tools, equipment, and accessories, etc., in the same good condition in which it was received, in any of the authorized offices and in working hours to THE CAR RENTAL COMPANY. The incompliance with this item could generate additional charges.
3) To not drive the vehicle negligently or recklessly, speeding, on flooded streets, under the effects of alcohol or drugs, or in contravention to the traffic, municipal or national laws and regulations. If any of the instrument board lights indicate malfunction, THE RENTER must stop the car immediately and report the anomaly to THE CAR RENTAL COMPANY.
In case that the rental vehicle is retained by any Police or Administrative Authority due to reckless driving, not carrying a driver’s license, incur in any administrative or legal fault, or be allegedly involved in criminal acts, THE RENTER must assume the cost of all expenses generated because of the custody/ storage, judicial or administrative inspections/ expert’s reports.
4) To not allow that people different than those authorized in this contract drive the vehicle. The incompliance with this item could generate additional charges and invalidate the present contract.
5) To not use the vehicles in sports competitions, speed tests or similar, contests, etc., to not propel or tow vehicles or trailers, nor sub-lease it or use it for paid transportation of passengers, loads, or bulk that exceed the capacity stipulated by the manufacturer. The vehicle cannot be used to teach or practice driving.
6) To not use the vehicle for political activities, demonstrations, caravans, marches, parade during carnivals, rebellions, uprisings, strikes, guerrilla and in general, any illegal or dangerous activity.
7) To not allow the rented vehicle to exit the territory of the Republic of Panama, driving them only in accessible roads and never in trails, sand, or roads without pavement. The repair or damage cost because of the detour or incompliance with this norm will be charged to the customer.
8) To be prudent in the vehicle care; take all the precautionary measures to avoid being negligent. THE RENTER must withdraw the keys from the ignition, lock the doors, do not abandon the vehicle in places without protection, park only in appropriate places, do not deliver the keys to people not contemplated in this contract.
EIGHTH: OBLIGATIONS OF THE RENTER IN CASE OF ACCIDENT, LOSS, THEFT, SEIZURE, OR INAPPROPRIATE APPROPRIATION.
In these cases, THE RENTER is obliged to the following:
1) To inform in writing THE CAR RENTAL COMPANY within the 12 hours after the fact has taken place, with a review of the same and identifying the third parties involved with their personal information, address, and telephone.
2) To obtain from the Panamanian administrative or police authority the evidence of the occurrence of the fact and file the penal report, as the case might be.
3) To deliver THE CAR RENTAL COMPANY any subpoena, report, lawsuit, or document of any class related with the fact.
4) To refrain from making payments to third parties, make arrangements, and admit responsibilities by himself/herself or by THE CAR RENTAL COMPANY.
5) To cooperate with THE CAR RENTAL COMPANY and with THE INSURANCE COMPANY in the investigation and defense of the fact.
6) Timely return the car keys to THE CAR RENTAL COMPANY.
7) In case of an accident, the customer at his/her expense, expressly authorize THE CAR RENTAL COMPANY to arrange his/her representation before the administrative or judicial authorities, and expressly release it from any claim resulting from the exercise of this authorization.
NINTH: LIABILITY THE RENTER
A-THE RENTER understands and accepts that this contract makes him/her directly responsible for the vehicle rented and the accessories, having to reimburse THE CAR RENTAL COMPANY the value of the damages of any nature caused to the vehicle and/or by the vehicle, and that occurred under any circumstance while this contract is in force. THE RENTER will pay the expenses for the losses including the attorneys fees incurred, upon request of THE CAR RENTAL COMPANY, regarding the judicial attention of any accident and unearned income caused by the loss of use of the vehicle. THE RENTER must also reimburse THE CAR RENTAL COMPANY for the cost of the vehicle if it is lost, stolen or the object of an inappropriate appropriation. However, when the rental begins, THE RENTER could be waived from this responsibility if he/she chooses to accept the benefits listed in the attached Addenda of this contract, with which the liabilities are reduced, according to the benefit he/she chose to accept. If THE RENTER fails to comply with any of the terms of this contract, and very specifically with the obligations established in the seventh and eighth clauses, the agreement for the payment of the coverage accepted in the Addenda or any other benefit, or package offered and paid by THE RENTER will not be valid or suffer any effect.
B-THE RENTER must comply and submit all the terms, conditions, limitations, and restrictions of the insurance policy, which are considered as if they were reproduced here, as well as with the obligations established in this contract, since on the contrary the coverage will not apply and THE RENTER assumes all the liabilities and risks directly.
C-The injuries and damages that the driver or any of the passengers of the rented Vehicle can suffer during the term that this contract is in force will be responsibility and on account of THE RENTER, liberating THE CAR RENTAL COMPANY of the consequences that could be originated.
TENTH: LIABILITY FOR LOSS OR DAMAGE OF OBJECTS AND PROPERTIES.
THE RENTER is the only one responsible for the loss or damages that can be suffered by objects, properties, or money left, deposited, or transported by THE RENTER or by third parties in the vehicle rented, in any other service vehicle of THE CAR RENTAL COMPANY, and in case that because of any situation, THE CAR RENTAL COMPANY results sentenced to compensate for said damages or losses, THE RENTER is obliged to reimburse THE CAR RENTAL COMPANY the corresponding compensations, even after the term of this contract.
ELEVENTH: RIGHTS OF THE CAR RENTAL COMPANY
The rights that correspond to THE CAR RENTAL COMPANY according to this contract can only be waived by a written statement and signed by the President of THE CAR RENTAL COMPANY. The contracting parties agreed that any difference in the interpretation, controversies or claims regarding this contract must be filed before the administrative or judicial authorities of the Republic of Panama only, no matter where THE RENTER lives, besides any other present or future domicile. Notwithstanding the preceding, THE CAR RENTAL COMPANY at its option, could initiate judicial processes in the domicile of THE RENTER to demand the compliance of any amount owed to THE CAR RENTAL COMPANY because of this contract, even when the domicile of THE RENTER is located in a jurisdiction that is different than the Panamanian. THE CAR RENTAL COMPANY is free to contract the services of third parties for those effects.