Car Rental Agreement1. CONTRACTING PARTIES
1.1. MAREAUTO COLOMBIA S.A.S, which operates the AVIS brand, with head office at calle 17A No 65B - 77 in Bogotá, duly identified in Annex "A" attached hereto, hereinafter referred to as AVIS.
1.2. CUSTOMER: Individual or legal entity organized and existing under the laws of the Republic of Colombia, duly represented by whom is signing this document, properly identified in Annex "A" of the car rental agreement, hereinafter referred to as CUSTOMER.
2. GLOSSARY OF TERMS
2.1. LIABILITY: Responsibility to remedy economic damages caused. Compensations due on the occasion of a crime or quasi-offense.
2.2. LOSS OF PROFIT: Profit or benefit that has not been received due to someone's failure that harms own interests.
2.3. NEGLECT: Failure of diligence or care that must be applied on business, on custody of goods or in the fulfillment of duties.
2.4. SLIGHT NEGLIGENCE: Lack of diligence and care that people ordinarily use in their own businesses.
2.5. TOTAL LOSS: When the value of the claim exceeds fifty percent (50%) of the commercial value of the respective vehicle.
2.6. CO-INVOLVEMENT OF CUSTOMER OR PROPORTIONAL COST: Amount of money with which CUSTOMER covers the costs of losses that might occur with the hired vehicle, including but not limited to the deductible on the damaged vehicle, as agreed with the insurance company retained by AVIS.
3. PURPOSE OF AGREEMENT:
Contracting parties, freely and voluntarily, and as it is convenient for their interests, are entering into this agreement, which purpose is the rental to CUSTOMER of a vehicle owned by AVIS, according to the conditions contained herein.
4. RENTAL CAR:
4.1. The rental car, is fully identified in Annex "A" hereof. Said car is in good working, conservation, maintenance and operating condition, as specified in the proof of delivery and inventory under Annex "A", after being reviewed in acknowledgement of this statement.
4.2. CUSTOMER is responsible for the custody and possession of the rental car, as well as its accessories and documents, until the date of return to MAREAUTO COLOMBIA S.A.S, under the same conditions received.
5. OBLIGATIONS OF CONTRACTING PARTIES
5.1. In addition to the obligations under this agreement, AVIS agrees to:
5.1.1. Provide mechanical technical assistance to the rental car, when required,
5.2. In addition to the obligations under this agreement, CUSTOMER agrees to:
5.2.1. Pay AVIS for the co-involvement in case of accident under the CDW and LDW protections or co-involvement in the event of total loss or theft under CDW and LDW protections, whether or not there is CUSTOMER'S proven liability in the loss. CUSTOMER waives to claim from AVIS the reimbursement of co-involvement if AVIS is indemnified by a third party in the event of loss.
5.2.2. Provide two duly signed credit card vouchers so that the values attributed thereto pursuant to the clauses contained in this agreement and its annexes, are debited by AVIS in accordance with the limit of the credit card amount authorized by CUSTOMER with the corresponding values at the corresponding settlement of agreement.
6. OTHER RENTAL CONDITIONS
6.1. This Agreement is personal and non-transferable. The rental car may not be lent or sub-leased without AVIS' express prior written consent.
6.2. CUSTOMER is bound to comply with obligations concerning the rental of goods, as well as depository and user, as applicable; it also undertakes liability for consequential damage, loss of profits, and indemnity to third parties, and criminal liability during the term of the agreement, as applicable. CUSTOMER releases AVIS from any civil, administrative or criminal liability for any event arising with the rental car during the rent; therefore, CUSTOMER shall be personally liable for the events taking place during such period.
6.3. CUSTOMER shall pay for additional lease days, excess mileage, missing fuel, car washes, missing accessories, among others, resulting from the use of the leased vehicle. The vehicle shall be clean when delivered. In the event it is dirty inside and/or outside when delivered, the client shall be charged with the rate in effect for said service. To such effect, the client irrevocably authorizes, as of now, charge of such amounts to his/her credit card.
6.4. AVIS reserves the right to suspend the delivery or take steps to recover the rental car at any time or place where it might be, without prior notice, when in opinion of lessor there are no sufficient guarantees for prudent and responsible driving, or CUSTOMER has breached any of the terms of this agreement.
6.5. CUSTOMER, its agents, employees or any person related to the company may neither negotiate, nor assign the possession, use, ownership or rental of the vehicles in their possession for the purposes of this agreement, with no civil, military, administrative or private authority, even if the interests of the contracting company are at risk.
During the term of this agreement no vehicle included within this agreement and under custody of CUSTOMER may circulate outside the territory of the Republic of Colombia.
7. DEVOLUTION OF CAR, DEADLINES, MISAPPROPRIATION and DEVOLUTION UPON EARLY TERMINATION.
7.1. The rental car must be returned to AVIS on the date and time recorded in the field of Annex "A" hereof, unless an extension of time is expressly authorized in advance and in writing by AVIS. CUSTOMER may not claim automatic tacit renewal of the agreement, in no event. If CUSTOMER fails to deliver to AVIS the rental car in such place, date and time specified in Annex "A" of this agreement, it shall pay to AVIS the rental value for the vehicle by the excess of the agreed term, in accordance with such rates in force for CAR rental, on such date when the car is effectively returned to AVIS. The retaining of the rental car by CUSTOMER beyond the date set forth in the "RETURN" field of Annex "A" or the extension granted in writing, if any, shall be deemed as misappropriation.
7.2. If misappropriation takes place, CUSTOMER shall be subject to criminal and civil penalties arising thereupon, assuming any judicial or extrajudicial expenses incurred by AVIS for the search, seizure and effective reinstatement of possession of the rental car.
7.3. In cases of emergency and for fair reasons giving rise to early termination of the agreement by CUSTOMER, as referred further below, the vehicle shall be returned to AVIS within the period set forth in the relevant notice, under penalty of default under the terms of paragraph 9.1.
7.4. The rental car must be returned to the same AVIS agency where the vehicle was received for rental. However, in any of such cases provided in this clause, the vehicle may be returned at any other AVIS agency, being CUSTOMER in charge of the expenses corresponding to the return of such vehicle to the agency of origin.
8. RENTAL COSTS AND FORM OF PAYMENT
8.1. At the time of returning the vehicle, the calculation of rental costs shall be calculated under the terms and conditions agreed. However, there may be debits and credits not received immediately. Therefore, CUSTOMER shall timely pay any traffic fines, eventual calculation differences and compensation for damages to the rental car for misuse, damage to third parties or their property, within the period of the rental agreement, in excess of the limits of fee waivers and/or indemnification responsibilities set forth in this Agreement.
8.2. CUSTOMER shall always be directly responsible for any compensation due to AVIS, without prejudice to the exercise of its eventual regressive rights or recourse against the proxies or third parties causing damages, as well as for reimbursements of expenses and payments that AVIS may be compelled to make at its account, by way of joint and several liability.
8.3. The mere delay in returning the vehicle is and gives rise to default, without judicial reprimand required for that purpose. Any undue payment to AVIS after the agreed date shall accrue default interest, liquidated at the maximum authorized rate.
9. EARLY TERMINATION OF AGREEMENT
9.1. This agreement may be terminated in advance at the request of CUSTOMER and shall give rise by way of penalty to 20% of the daily rate by the number of days that the vehicle shall no longer be rented.
9.2. Failure to comply with any provision of this agreement gives rise to early termination, and the immediate devolution or removal of the rental car, without prejudice to any compensation arising thereupon.
10. FINAL PROVISIONS:
This agreement is a so-called ADHESION agreement, which CUSTOMER acknowledges and agrees thereto in accordance with its legal definition, in the manner and conditions of application, so that, although it adheres expressly to the clauses of this agreement, such clauses have been known in advance, as well as such documents and/or annexes that are an integral part hereof. Such documents containing values, information, quantities, models, as well as rights and obligations, are to be strictly complied with under the agreement; therefore, these documents do not require notes of acknowledgment or signatures to be enforceable, as CUSTOMER has been informed, has read and agrees with the content and application thereof. Eventual tolerance by AVIS to Customer in the compliance with obligations under this agreement does not imply any recognition, whereby the terms and conditions of this agreement shall remain unchanged, except for new agreement in writing. Cars rented under this agreement are the exclusive property of AVIS; therefore, they cannot be included in the Customer's property subject to bankruptcy, if applicable, and may neither be subject to pledge, retention, attachment, prohibition to transfer or any other precautionary measure, injunction or enforceable proceedings, for obligations assumed by CUSTOMER with third parties. CUSTOMER shall be liable for any damages that might arise in the restitution to AVIS of rental car, if clause 11.7 hereof were breached, as well as for any risks of act of God or force majeure in the event of such restitution.
10.1. AVIS shall not be liable for the loss or misplacement of any object or asset, of whatever nature, left in the rental car.
10.2. This agreement is governed by Title XXVI of the Colombian Civil Code concerning lease agreements, which law is understood being incorporated herein.
Regarding the resolution of any dispute arising in connection with this Agreement, the parties shall make their best efforts to resolve under good faith discussions; if they fail to do so, they shall resort to Conciliation before the Chamber of Commerce of Bogotá.
Any controversies arising between the parties on the execution, performance and settlement of the agreement, if not possible to resolve in accordance with the above, except for the enforcement of obligations contained in an enforceable title or not subject to settlement, shall be resorted to an Arbitral Tribunal governed by the rules of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota, comprised by one arbitrator chosen from the list of such entity. The tribunal shall decide in law and the expenses related to the arbitrator, clerk of the Tribunal and attorneys' fees shall be paid by the losing party."
LDW (Loss Damage Waiver) Protection: A protection whereby you are exempted from certain monetary liability for damage or loss of the vehicle, as a result of any accident occurred to the same, provided that the vehicle is used under the terms and conditions of the rental.
This protection includes basic coverage for third party liability up to COP 100,000,000. This protection does not cover damage to tires, rims, windshield, or loss of accessories such as tires, spare tire, rims, radio, speakers, headrests, door mirrors, among others. Stolen parts or engine components are neither included.
CDW Collision Damage Waiver: This is a protection in which you are exempt from all monetary liability in the event of accident or loss of vehicle, as a result of any incident occurred thereon, provided the vehicle is used within the terms and conditions of the lease agreement. This protection includes a basic coverage for third party civil liability for up to COP 100,000,000. Said protection covers damages involving breakage of rims and windshield wipers. It does not cover loss or theft of accessories such as tires, emergency tires, rims, radio, speakers, headrests, rearview mirrors, among others. This protection does not cover damages caused by flat or ruptured tires. Nor does it cover the theft of spare parts or engine components.
ALI (Additional Liability Insurance) Protection: This protection increases your coverage for third party liability up to COP 500,000,000.
PAI (Personal Accident Insurance) provides accidental death benefits and emergency medical expense benefits to the renter and all passengers in the Avis car.
Exclusions of AVIS daily rental protections: CUSTOMER shall lose the CDW, LDW, PAI and ALI protections and must pay the entire loss, if it incurs into one or more of the following:
1. Damage to engine for forcing it to work under unsuitable operating conditions.
2. Damage to engine by ignoring any malfunction warnings or precaution notices in the dashboard of vehicle (e.g. water, oil).
3. Damage to items carried by the vehicle and/or damages they might cause.
4. Damage caused to vehicle when circulating in places other than Colombia.
5. Damage caused to vehicle for transporting flammable substances.
6. Damage caused to vehicle when used for purposes other than those specified in the AVIS daily rental agreement.
7. Damage caused to vehicle when driver violates traffic laws.
8. Damage caused to vehicle while driver is under the influence of alcohol or any hallucinogenic or toxic substance.
9. Damage caused by insurrection or rebellion, strikes, roadblocks and disturbances.
10. The front of the radio, documents and keys of the vehicle are excluded.
11. When the individual driving the vehicle is not included as an additional driver in the agreement.
12. In case of damage or accident, AVIS COLOMBIA shall charge a fee for towing the vehicle: COP 75,000 within the perimeter of the city.
12.1. AVIS shall be liable to Customer for all partial damages and/or losses and/or total loss of the rental car under this agreement.
12.1.1. Customer may be released from liability established in paragraph 5.1, by expressly accepting one of the protections provided in clause 5 of this agreement, called LDW PROTECTION AND CDW PROTECTION.
12.1.2. Customer shall be liable to AVIS for all partial damages and/or losses and/or total loss of the rental car, directly or indirectly due to or whenever one or more of the following circumstances have contributed:
184.108.40.206. Neglect or recklessness or incompetence, or gross negligence or willful misconduct of Customer, or failure to observe traffic rules.
220.127.116.11. Material and ideological falseness in the "Declaration of Accident" and/or any document related to the same.
18.104.22.168. Lack of submission to AVIS of the "Declaration of Accident" and/or the fine or police report, referred to in paragraph 5.3.1 and 5.3.2., within the time specified therein.
22.214.171.124. Claims, strikes, riots and other related actions of workers of Customer or groups related to the company or the activity of Customer.
126.96.36.199. Public and notorious events, such as riots, strikes, rebellion, mutinies, demonstrations or civil commotion, against local or national authorities, unless CUSTOMER does not incur into recklessness or neglect or fault or inability to downplay such events.
188.8.131.52. Use the vehicle for one or more of the prohibited activities in clause 6.5., or when Customer incurs into any other prohibition in this agreement.
184.108.40.206. Breaking of wheels and tires, except in the case of accident involving the damage of other parts of the rental car.
220.127.116.11. In case of robbery or theft of the radio installed in the vehicle, if Customer does not submit to AVIS the mascarilla corresponding to this radio.
18.104.22.168. Burns caused by matches, cigarettes or ignite objects, except if fire occurs.
22.214.171.124. Any component or part missing in the rental car at the time of its return.
12.1.3. Customer or whoever drives the rental car are the only liable in civil, administrative and criminal terms for damages to third parties in case of traffic accident and/or any crime or legal offense caused with the car rented under this agreement.
126.96.36.199. Customer shall be liable to third parties for compensation if it exceeds the amount agreed in accordance with the provisions in paragraph 188.8.131.52.
184.108.40.206. AVIS shall pay compensation in excess to third parties; therefore, CUSTOMER henceforth irrevocably authorizes to the effect and unconditionally agrees to reimburse AVIS for any amounts paid in excess within five (5) business days following delivery of the corresponding bill.
12.1.4. In case of accident, CUSTOMER agrees not to initiate or enter into agreements with the other party in any way implying recognition of rights in favor thereof.
12.2. AVIS reserves the right of recovery of loss of profits under paragraph 220.127.116.11 regarding the rental car s.
12.3. Additional conditions
12.3.1. In case of accident of the rental car, CUSTOMER must inform AVIS immediately in writing or by other appropriate means to ensure the recording and integrity of the notice of the accident and such notice shall not exceed from 24 hours of the occurrence thereof.
12.3.2. To have the right for the protection provided in clause 5, Customer undertakes to submit to AVIS the Declaration of Accident form, police report or accident report to the competent authority within 24 hours after the occurrence of the accident or within 6 hours after the occurrence of theft.
12.3.3. If Customer incurs in one or more of the cases provided for in clause 18.104.22.168., 22.214.171.124, 126.96.36.199. and 188.8.131.52, or if any act or omission prevents the recovery from the third party liable for the accident, in addition to the payment of compensation to AVIS under paragraph 5.1.2, Customer shall be obliged to pay to AVIS:
184.108.40.206. Any compensation to third parties, including vehicle occupants, which AVIS is eventually forced to pay as a result of the accident.
220.127.116.11. The loss of profit by the operating suspension of the rental car, calculated as follows: the value of daily rental stated in this agreement and its annexes, multiplied by the number of days that the rental car is out of use, until the effective repair of the vehicle able to be again in operation for rental. Any examination and repair of the vehicle must be performed with prior written consent of AVIS.
18.104.22.168. Customer also exempts AVIS from any civil, administrative or criminal liability in any capacity, as well as to appear as defendant in any claims arising from events involving the car rented under this agreement, which shall be borne exclusively by CUSTOMER at its account. Eventually, if AVIS is sued on an individual, subsidiary or joint and several basis, it shall be authorized to summon Customer to the proceedings to assume the principal or subsidiary complaint for the purpose of exercising the rights of repetition.
22.214.171.124. Customer shall pay the fines imposed by the competent authorities for violation of traffic rules, photo-fines, plate number transit restrictions and other laws or otherwise, in connection with the use of the rental car. To this end, Customer henceforth irrevocably authorizes the virtual charge to its credit card for the amount of such infringement. There shall be no denial of such virtual charge of the fine on the grounds that it was unfair or unjust, in which case CUSTOMER must make the complaint to the competent authority and AVIS shall reimburse the amount deducted once it is notified, as well as any expenses incurred for conducting any judicial, preliminary, extra-judicial proceedings, including but not limited to fees of professionals that intervene in defending the rights and interests of AVIS, due to accidents, crimes or misdemeanors involving the CUSTOMER in the use of the rental car (s).