ADW DISCLAIMER NOTICE



THE ACCIDENTAL DAMAGE WAIVER (ADW) IS A LIMITED POLICY provided by the company to the RENTER for an additional fee(s). It provides you limited protection against your liability to Rent Me Tamarindo/Paradise Cart Rentals for physical damage to the rental equipment while under your responsibility. If a Damage Waiver is purchased and you damage the rental unit, you will ONLY be responsible for any damages over the amount covered by the respective ADW on the rental, instead of the entire out-of-pocket cost.

ADW does not cover all instances of damage to the vehicle, including theft, tire damage, mechanical damage, vandalism, or loss; (see SECTION 8 in the Rental Agreement below) and labor costs. The Accidental Damage Waiver is optional and may be declined.

If the ACCIDENTAL DAMAGE WAIVER is NOT purchased, you will be responsible for the full amount of damage up to the full replacement of the equipment, plus any loss of rental income, additional recovery fees, and if applicable, loss of equipment.



Vehicle Rental Agreement, Service Terms and Conditions

1) DEFINITIONS

The following expressions will bear the following meanings:

1.1) Agreement: means all terms and conditions found in this form.

1.2) We, Us, OUR, Company, Business, Rental, Rent Me Tamarindo, Paradise Cart Rentals: these terms will be used to refer to the independent business RENT ME TAMARINDO SOCIEDAD DE RESONSABILIDAD LIMITADA, as the responsible to deliver the service to the renter.

1.3) Renter, Customer, You, and Your: means the person identified as the RENTER on the reverse for the specific leased vehicle, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “Renter”, “Customer”, “you” or “your” are jointly and severally bound by this Agreement.

1.4) Driver: refers to YOU and/or any ADDITIONAL DRIVER named in this AGREEMENT. The Driver must be at least 18 years old if a Costa Rican national and at least 21 years old if a non-national. Additionally, the Driver must have a valid, unendorsed driver’s license for a minimum of two years prior to entering into this AGREEMENT.

1.5) Day: means a period of 24 hours (or any part thereof) calculated from the time the vehicle is delivered to or picked up by YOU.

1.6) Vehicle: means the VEHICLE/S identified in this Agreement or any other replacement vehicle provided to you by the COMPANY (including the VEHICLE, documents, keys, tires, tools, and accessories supplied with the VEHICLE). The vehicle is in fit mechanical condition to be rented and driven at the moment of executing this rental agreement by the RENTER or their Authorized Driver(s). The vehicle shall be inspected, and its conditions checked by the PARTIES prior to delivery of the same to the RENTER and re-inspected up to 48 hours after the return of the vehicle. YOU acknowledge that any damage to the VEHICLE at the commencement of this AGREEMENT is the one stated on the internal records of the booking by the COMPANY. Any damage which has not been noted in the vehicle condition report will constitute damage which has occurred subsequently to the commencement of this AGREEMENT for which YOU shall be charged.

1.7) The Rental Period: means the period between the date and time when the vehicle is taken out by YOU, or it got delivered to the defined location in the booking order; and the termination date and time as specified on the AGREEMENT, OUR internal management software, booking records, and forms, or, if such period is extended, the time and date entered on our records as being the date and time when the VEHICLE is returned to the COMPANY.

1.8) The Official rates: means OUR rates, charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the VEHICLE rented in terms of this AGREEMENT, and which are available at our offices, websites, valid official marketing resources, and company’s defined payment gateways at the moment of the rental. The company is not responsible for prices and variations offered by third parties, commercial partners, nor any, whether authorised or unauthorized external entities to the Company.

1.9) Liability Waivers: means the waivers referred to in SECTION 8, including but not limited to, the terms identified as ADW, CDW, SCDW, TLW, and STLW, but which specifically exclude any replacement and the loss of personal belongings. The LIABILITY WAIVERS are not an insurance policy but provide a basis on which YOUR liability in terms of THIS AGREEMENT might be reduced.

1.10) 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.

1.11) Beach area: refers to the section of land that is adjacent to or includes a shoreline, where sand, pebbles, or other natural materials form the surface. For the purposes of this agreement, the BEACH AREA starts from the point where there is sand in the surface, or 100 meters from the high-tide shoreline.

1.12) Booking: In the context of this contract, it refers to the formal process of reserving a service, product, or resource by an individual or entity for a specified date, time, or period, subject to the terms and conditions outlined herein.

2) RENTAL, INDEMNITY, AND WARRANTIES

2.1) This is a contract for the rental of the Vehicle. We may repossess the VEHICLE at your expense without notice to YOU if the VEHICLE is abandoned or used in violation of local laws or this AGREEMENT.

2.2) You agree to indemnify us, defend us, and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from, or arising out of, this rental or your use of the Vehicle.

2.3) We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose.

3) LIMITATIONS

3.1) THERE IS NO AUTHORIZATION TO TRANSPORT SURFBOARDS OR OVERSIZE EQUIPMENT IN THE RENTED VEHICLE.

3.2) THERE IS NO AUTHORIZATION TO TRANSPORT MORE PEOPLE THAN SPECIFIED IN THE RESPECTIVE RENTED VEHICLE’S MANUAL.

4) RISK, DELIVERY, AND RETURN:

4.1) THE VEHICLE will be at YOUR sole risk from the date and time of delivery of the VEHICLE until the VEHICLE is returned to the COMPANY. YOU undertake to return the VEHICLE in the same condition YOU received it, fair wear and tear excepted, understanding there is normal intended use.

4.2) Service to the VEHICLE or replacement parts or accessories during the rental must have OUR prior approval. You must check and maintain all fluid levels once the vehicle is delivered to YOU.

4.3) YOU will return the VEHICLE on the expiry or termination of this AGREEMENT or the rental period, at YOUR expense to our authorized representative at the collection address recorded in the AGREEMENT. YOU acknowledge that failure to return the VEHICLE in terms of this AGREEMENT will constitute a breach of the AGREEMENT and illegal possession by YOU, and WE may report the VEHICLE as stolen and/or repossess the VEHICLE wherever it may be found and from whomsoever is in possession thereof.

4.4) When YOU or any person nominated by YOU return the VEHICLE to any of OUR branches, YOU will:

4.4.1) Park the vehicle in the designated parking area.

4.4.2) Ensure that the vehicle is properly secured.

4.4.3) Hand the keys of the VEHICLE to an authorized representative of the COMPANY and return the VEHICLE only when OUR offices are open for business.

4.4.4) After two hours of a late return of the vehicle, you shall be charged the full daily rental fee established for the vehicle. We allow for thirty minutes of tardiness without additional payment; after thirty minutes, you shall be charged 50% of the daily rental fee.

4.4.5) For late cancellation up to 72 hours prior to the delivery of the vehicle or for a “no show,” you agree to no refund of any amount paid to the COMPANY in prior.

4.4.6) Any gasoline/combustion VEHICLE rented shall be returned with the same fuel level in which the vehicle was originally delivered. Any difference shall be billed to YOU.

4.4.7) YOU must solely use the specified fuel by the manufacturer of the VEHICLE. Any hybrid, organic fuel, bio-diesel, ethanol, or any other kind of fuel different from the specified by the manufacturer is strictly considered the wrong fuel type. All costs associated with the use of the wrong type of fuel, including contaminated fuel, will be at YOUR sole expense.

4.5) The sole risk of loss or damage to the VEHICLE will remain vested in YOU until such time as WE have recorded the return of the VEHICLE.

5) RULES OF USAGE, FINES, DELIVERY CHECKLIST, AND SAFETY LIMITATIONS

5.1) Call service and general support are exclusively available through our WhatsApp profile associated to the number +50684338601, from 08:00 to 21:00, every day. EMERGENCIES REPORTS CAN ONLY BE MADE TO OUR WhatsApp. NO OTHER CHANNEL OR MEDIUM IS AVAILABLE FOR THE REPORT OF EMERGENCIES. OUR EMAIL ADDRESSES ARE NOT AVAILABLE FOR EMERGENCY SUPPORT AND CALL SERVICES. ONLY OUR WHATSAPP PROFILE (https://wa.me/50684338601).

5.2) Deliveries of the VEHICLE/S are available exclusively between 08:45 and 16:30 each day. Any bookings made or scheduled outside of this time frame will not obligate the Company to perform such delivery. You acknowledge and agree that the COMPANY is under no obligation to provide deliveries before 08:45 and after 16:30.

5.3) The COMPANY reserves the right to deliver the vehicle up to two (2) hours after the scheduled delivery date and time. Such a delay shall not be considered a breach of this agreement, nor shall it constitute a failure of delivery by the COMPANY.

5.4) YOU and any authorized DRIVER must adhere to the vehicle’s seat availability and shall not exceed the official and legal maximum occupancy limit. Any violation of this occupancy limit will result in the immediate retrieval of the vehicle by the COMPANY, without any refund of amounts previously paid to the COMPANY. IF IT IS A 4-SEATER, the MAXIMUM OCCUPANCY IS 4 PASSENGERS; IF IT IS A 6-SEATER, THE MAXIMUM OCCUPANCY IS 6 PASSENGERS. Violation of this clause will incur a CHARGE OF $150 UNITED STATES DOLLARS (Hundred and fifty UNITED STATES DOLLARS ) per offence.

5.5) The RENTER understands the vehicles categorized as GOLF CARTS can only be used under a perimeter defined by the company for each location or city. Also, the RENTER understands that the vehicle cannot be mobilized to other destinations or locations different to the location defined in the booking. VIOLATION OF THIS WILL RESULT IN A CHARGE OF $150 UNITED STATES DOLLARS PER VEHICLE PLUS $5 UNITED STATES DOLLARS PER KILOMETER FROM THE RECOVERY LOCATION AND OUR CLOSEST OFFICE.

5.5.1) Tamarindo limits are set to the coordinates 10°18’36.2″N 85°49’18.1″W (main entry road to town) and coordinates 10°17’34.4″N 85°50’01.1″W (south entry road to town).

5.5.2) Hacienda Pinilla limits are set to Pinilla’s community development perimeter.

5.5.3) Playa Avellana limits are set to the coordinates 10°14’37.3″N 85°49’00.9″W, 10°12’56.8″N 85°49’24.2″W, 10°12’36.3″N 85°49’58.7″W.

5.5.4) Playa Grande limits are set to the coordinates 10°20’44.3″N 85°49’47.6″W, 10°20’38.3″N 85°49’49.7″W, and 10°18’43.2″N 85°50’16.2″W.

5.5.5) Flamingo/Potrero limits are set to the coordinates 10°25’18.1″N 85°47’04.8″W, 10°25’14.9″N 85°47’24.5″W, 10°25’33.2″N 85°47’10.5″W, 10°26’04.0″N 85°46’38.6″W, 10°26’53.6″N 85°45’29.8″W, 10°27’15.3″N 85°45’28.5″W, 10°27’52.6″N 85°45’34.1″W, 10°27’42.4″N 85°46’22.4″W, 10°27’44.5″N 85°46’13.4″W

5.5.6) Brasilito limits are set to the coordinates 10°23’37.7″N 85°48’46.6″W, 10°23’07.8″N 85°48’10.9″W, 10°23’53.4″N 85°47’42.3″W, 10°24’38.9″N 85°47’14.8″W, 10°24’52.4″N 85°47’38.0″W; Reserva Conchal’s development project perimeter.

5.6) The RENTER acknowledges and agrees that they are fully responsible for any damage to or incidents involving the vehicle during the rental period. If the keys and card were left in the vehicle, and it was subsequently stolen, the RENTER will be charged $15,000 USD (fifteen thousand United States Dollars) to cover the replacement cost of the vehicle. However, if the stolen golf cart is recovered after such an incident, the COMPANY will charge only $250 USD.

5.7) It is your responsibility to charge the unit if it is an Electric Vehicle. OUR technical report from tracking systems, staff, and technological resources will tell the involved parties if the call service represents this type of case. If the battery is dead and there’s no mechanical issue beyond being discharged, we will immediately charge $75 UNITED STATES DOLLARS for the service plus $5 UNITED STATES DOLLARS per kilometer from the recovery location and OUR closest office or defined recovery point, according to internal records.

5.8) NO KID OR INDIVIDUAL UNDER 18 YEARS OLD IS ALLOWED TO DRIVE, even if they have a valid driver’s license. Violation of this will result in an immediate cancellation of the service, the blockage and retrieval of the vehicle, and a charge of $1500 USD (One thousand and five hundred UNITED STATES DOLLARS) to THE RENTER. Additionally, no refunds will be made for the remaining time of the rental.

5.9) SPEED BUMPS. The maximum permissible speed over speed bumps is 5 KPH (five kilometers per hour). The Company utilizes GPS tracking, which will monitor and report the vehicle’s speed through designated areas containing speed bumps. Any violation of this speed limit will result in the immediate cancellation of the service and retrieval of the vehicle without a refund.

5.10) UNSAFE DRIVING AND ROADS. Golf carts are designed for use on golf courses and are not intended for operation on steep hills (greater than 26°), dirt side roads, unsafe roads, or any dangerous locations typically navigated by other types of automobiles. The COMPANY shall not be held liable for any accidents or damages resulting from the vehicle being driven under such unsafe conditions.

5.11) MAXIMUM WEIGHT. The maximum weight capacity for a 4-seater golf cart is 362.48 kilograms (suitable for 4 passengers), and for a 6-seater golf cart, it is 543 kilograms, in accordance with industry standards. On steep hills, the maximum weight capacity may be reduced to one-quarter of the regular maximum weight. When navigating very steep roads, this reduced capacity should be considered, especially when carrying more than one passenger.

6) WARRANTIES BY YOU.

6.1) All information given by YOU to the COMPANY is true and correct.

6.2) The DRIVER holds a valid unendorsed DRIVER’s license for the VEHICLE.

6.3) YOU will not drive the VEHICLE under the influence of alcohol or any other drug, in violation of the Costa Rican Transit Code and Costa Rican Penal Code.

6.4) The DRIVER is not physically prevented from operating the VEHICLE safely.

6.5) No person or third party other than the DRIVER and the designated AUTHORIZED DRIVERS will drive the VEHICLE.

6.6) YOU will ensure that the keys and accessories of the VEHICLE are properly secured during the RENTAL PERIOD.

6.7) The VEHICLE will not be used or driven for the conveyance of persons or property for reward in contravention or in breach of any law, in any race, speed test, or contest, on roads not properly constructed, or for towing/pushing purposes.

6.8) The VEHICLE will not be used or driven in any way which would constitute a breach of any of the provisions of this AGREEMENT.

6.9) YOU and any authorized DRIVER shall at all times exercise a duty of care towards the Company’s VEHICLE. YOU agree to ensure that the VEHICLE is used only on suitable roads and under conditions appropriate for the type of vehicle rented. YOU and the DRIVER are expressly prohibited from driving the VEHICLE across rivers, into the sea, estuaries, BEACH AREAS, or through deep mud. YOU acknowledge that there will be no willful, reckless, or negligent conduct by yourself or others that could cause harm to the VEHICLE, other persons, or property. You agree to wear helmets, sashes, and other protective riding gear at all times while using or operating the VEHICLE. YOU will operate the VEHICLE with reasonable care for the safety of yourself, others, the equipment, and the environment, and will at all times comply with applicable Costa Rican motor vehicle laws and regulations.

6.10) YOU and the DRIVER will not take the VEHICLE into any area or any road where there is a risk that the VEHICLE may be damaged, stolen, or lost through civil disturbance, riot, or any act of political unrest or any endangering situation to OUR staff, VEHICLE/S, and equipment.

6.11) The VEHICLE will not be taken outside of the REPUBLIC OF COSTA RICA unless the VEHICLE is a Golf Cart, in which case, the VEHICLE will be only allowed to be used in the specified rented area in the booking order, rental or delivery forms, in accordance to the limitations established of SECTION 5.5.

6.12) YOU, RENTER, and any authorized driver are responsible for:

6.12.1) physical and mechanical damage to the VEHICLE resulting from collision or misuse, up to the fair market value of the Vehicle as determined in the customary market for the sale of the VEHICLE, regardless of the cause of the damage;

6.12.2) loss due to theft of the VEHICLE, up to its fair market value, provided that you failed to exercise ordinary care while in possession of the VEHICLE;

6.12.3) physical damage to the VEHICLE, up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the VEHICLE, provided that you have responsibility for theft of the VEHICLE;

6.12.4) physical damage to the VEHICLE resulting from vandalism unrelated to a theft of the Vehicle;

6.12.5) the loss of the documentation of the VEHICLE, its license plates, spare tires, tool kits, keys, or equipped accessories in the vehicle for which you shall be charged up to a fair market value, the sum of 50 UNITED STATES DOLLARS up to 500 UNITED STATES DOLLARS, also for the replacement of the electronic system of the ignition, the loss or repair of the key, with an additional penalty of $175 UNITED STATES DOLLARS .

6.13) In the event that any of the previous clauses are not complied with by YOU, YOU will be held in breach of this AGREEMENT. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.

7) PAYMENTS

7.1) YOU agree to pay to the COMPANY:

7.1.1) The VEHICLE rental rates and other charges as set out in the AGREEMENT and/or in terms of our OFFICIAL RATES, whichever may be applicable.

7.1.2) Refueling fees and 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 YOU, YOU will be charged for fuel used from the time it leaves the defined dispatching area at our offices to the time it returns to one of them.

7.1.3) All fines, penalties, taxes, charges, levies, legal costs, court costs, tolls, e-tolls, payable by the COMPANY to any third party arising out of YOUR use of the vehicle.

7.1.4) All costs, including, but not limited to, one-way fees, towing charges, impound fees, parking fees, citations, forfeitures, and losses or damages incurred by the COMPANY in procuring the return of the VEHICLE to the collection address described above, or such other location as determined by the COMPANY. The amount of $10 (UNITED STATES DOLLARS), plus $5 (UNITED STATES DOLLARS) per kilometer for every kilometer between the renting location and the place where the Vehicle is returned, repossessed, or abandoned, plus any additional recovery expenses we may incur.

7.1.5) All costs for which YOU are liable, incurred by the COMPANY in repairing any damage of any nature whatsoever to the VEHICLE and any loss or damage suffered by US as a result of theft, fire, or any other cause whatsoever.

7.1.6) Such valet charge as may be levied for the cleaning of the VEHICLE.

7.1.7) Such accident administration and/or traffic fine handling fee that may be levied by US.

7.1.8) All costs, including pre-and post-judgment attorney fees, we incur collecting payments from you or otherwise enforcing our rights under this Agreement.

7.1.9) If WE have agreed to payment from YOU by CREDIT Card, YOUR signature AND/OR express acknowledgment will constitute authorization for the issuer of the card to debit YOU with the total amount owing, inclusive of all costs and charges of whatsoever nature, arising in the terms of this agreement.

7.2) YOU authorize the COMPANY to charge YOUR credit card, any pending charges upon the finalizing of this contract be they derived from the payment of the rental period, damages caused to the vehicle not covered by insurance, LIABILITY WAIVER, or security deposit, or any other charge caused by YOU without limitations of any ulterior liquidation done by US to YOU,

7.3) YOU will pay all the amounts payable by YOU under this AGREEMENT to the COMPANY, on demand. If any payment is not made on its due date, then WE may, without prejudice to any of OUR rights, charge interest on the amount due at the maximum rate permissible by law.

7.4) WE may use your deposit to pay any amount owed to us under this AGREEMENT, including any damage. A CREDIT card is required to pay the security deposit up to an amount of $3,000 UNITED STATES DOLLARS upon rental of the VEHICLE. Accepted Credit Cards are: Visa, Mastercard, Discover, and American Express.

8) LIABILITY WAIVER:

8.1) YOU may purchase in advance an accidental damage waiver (ADW) at the OFFICIAL RATES recorded.

8.2) In such event, YOUR liability in terms of SECTION 4.1 will not exceed the amount stated in the AGREEMENT as the “Renters Responsibility,” unless one or more of the exclusions in SECTION 8.3 is applicable.

8.3) The LIABILITY WAIVER does not cover loss of, or damage to, the VEHICLE in the following circumstances, and YOU will be liable for all such loss or damage:

8.3.1) Where YOU or the DRIVER are in breach of this AGREEMENT.

8.3.2) Where damage is caused to all glass, mirrors, lamps, tires, rims, hubcaps, windshields, or the undercarriage, if no collision of the VEHICLE has occurred.

8.3.3) Where damage is caused by water.

8.3.4) Where damage or loss is caused by DRIVER negligence or reckless driving.

8.3.5) Where damage or loss is sustained in an accident not caused by physical contact with another vehicle, person, animal, or object.

8.3.6) Where damage is caused by YOUR failure to ensure that the VEHICLE’s required lubricant levels are maintained.

8.3.7) Where damage or loss is caused by potholes or on roads not suitable for the type of vehicle rented.

8.3.8) In respect to personal belongings, key replacement, towing fees, and claim administration fees.

9) EXTENSION OF RENTAL PERIOD

9.1) YOU will be entitled at any time during the initial period to request the extension of the RENTAL PERIOD.

9.2) This extension will, however, only be valid if confirmed by the COMPANY in writing.

9.3) Before the approval of the extension of the rental period, you must return the VEHICLE to our rental office for inspection and sign the written amendments. All prior representations from a web page, testimonial of clients, or advertising means and exchange of communications, verbal promises between you and us regarding this rental are void.

10) CANCELLATIONS

10.1) All cancellations deemed applicable shall be credited exclusively in the form of a 1-year credit, which may be applied to future bookings. No cash refunds will be issued for any cancellation.

10.2) The COMPANY offers a “Money-Back Cancellation Policy” as an optional add-on during the booking process. This policy may be purchased on a per-booking basis for an additional fee, which will be made available at the time of booking. If the Money-Back Cancellation Policy is purchased, YOU shall be entitled to a refund of the rental price of the vehicle, excluding any add-ons or additional fees.

10.3) No refunds will be issued for cancellations of bookings made on the same day as the scheduled booking date and time.

10.4) These conditions apply regardless of the reason for cancellation, and no exceptions will be made.

10.5) All cancellation requests must be submitted in writing via email. Verbal cancellations, including those made over the phone, will not be accepted.

10.6) Cancellations will only be considered valid once the customer receives written confirmation from the COMPANY. It is the customer’s responsibility to ensure they receive this confirmation.

10.7) Cancellation of the booking will also result in the automatic cancellation of any additional services (e.g., insurance, equipment rental) associated with the booking. Refunds for these additional services will follow the same refund policy as outlined in SECTIONS 10.1 to 10.4.

10.8) If a customer wishes to change the booking date rather than cancel, such requests must be made at least 7 days before the original booking date and will be subject to availability. Changes requested within 7 days of the booking date will be treated as cancellations, and the refund policy will apply.

10.9) In cases where cancellation is due to force majeure events (e.g., natural disasters, government-imposed travel restrictions), the COMPANY reserves the right to provide alternative solutions, such as rescheduling the booking or offering a credit for future use, instead of a refund.

10.10) If the customer does not show up at the designated time and location for the booking and fails to inform the company in advance, this will be considered a cancellation, and no refund will be issued.

11) TERMINATION

11.1) WE will be entitled to terminate this AGREEMENT if YOU and/or the DRIVER commit any breach of this AGREEMENT. WE will then be entitled to the immediate return of the VEHICLE, and furthermore, any amount then and there owed by YOU to the COMPANY will become immediately due and payable.

11.2) Both YOUR and OUR rights and obligations under this AGREEMENT will continue to be in full force and effect until such time as the VEHICLE has been returned to the COMPANY in the terms of this AGREEMENT and YOU have complied with all YOUR obligations in terms hereof.

12) INDEMNITY

Except as otherwise provided by law and assuming no negligence on OUR part, WE shall not be held liable for any damage, injury, or death resulting from any defect in or mechanical failure of the VEHICLE. Additionally, WE will not be responsible for any loss or damage to property transported in or left in the VEHICLE. Furthermore, WE disclaim liability for any damages, injuries, death, consequential losses, loss of profits, or any other damages that the RENTER, DRIVER, or any other person transported in the VEHICLE may suffer arising from or in connection with this AGREEMENT.

13) RESPONSIBILITY AFTER LOSS OR DAMAGE TO THE VEHICLE

13.1) YOU must immediately notify the COMPANY if the VEHICLE is malfunctioning or experiencing any mechanical issues. Failure to provide such notification will result in the presumption that the VEHICLE was in proper working condition at all times during the rental period. Notification must be sent via email or WhatsApp using the contact details provided by the COMPANY.

13.2) If the VEHICLE is involved in any accident or collision or is lost or stolen or involved in any accident which could prejudice OUR rights, the RENTER and/or DRIVER will take such steps to safeguard OUR interests, including, but not limited to, the following if applicable:

13.2.1) Obtain the names and addresses of everyone involved and of possible witnesses and details of other vehicles involved.

13.2.2) Record the date, time, and location of the accident.

13.2.3) Record the name of their insurance company.

13.2.4) 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.

13.2.5) Notify the respective local law enforcement entities and the COMPANY as soon as possible and in any event within 3 hours of the incident.

13.2.6) Within 24 hours of the incident, complete and furnish to the COMPANY standard claim form and submit a copy to the COMPANY of YOUR DRIVER’s license.

13.2.7) Not abandon the VEHICLE and make adequate provision for its safety and security.

13.2.8) Cooperate with the COMPANY in any investigation, the lodging, or instituting of any claim or action, and the defense of any prosecution, claim, or action relating to the above.

14) GENERAL

14.1) YOU acknowledge that ownership of the VEHICLE will at all times remain vested in the COMPANY or the true owner of the VEHICLE.

14.2) YOU will not be entitled to cede or assign any of YOUR rights and obligations under this AGREEMENT or to sublet or part with possession of the VEHICLE.

14.3) The cost of fuel is not included in the amount of the rental. We will refuel all VEHICLES on return of the VEHICLE to US (not applicable if the rented vehicle is an electric vehicle).

14.4) You are not permitted to carry out any repairs, including replacing any tires, on the VEHICLE.

14.5) If the RENTER is not the DRIVER, then, without in any way detracting from the RENTER’s obligations in terms of this AGREEMENT, the RENTER and the DRIVER will be liable to US jointly and severally for all and/or any amounts owing under this AGREEMENT.

14.6) Please be advised that although WE will use our best efforts, WE are unable to guarantee the availability of the VEHICLE to YOU at a particular time due to possible circumstances beyond our control. In the event that WE are, however, unable to do this, WE will endeavor to make alternative arrangements until such time as WE are able to make the VEHICLE available to YOU.

14.7) Save as otherwise stated in this AGREEMENT, any addition to or alteration of this AGREEMENT will be null and void unless agreed upon by US in writing.

14.8) YOU agree that WE may sue YOU in the proceeding Court 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.

14.9) YOU choose the address where YOU will receive notices for all purposes in terms of this AGREEMENT, at the RENTER’s address specified in the AGREEMENT or, in the case of that address not being in the Republic of Costa Rica, at the DRIVER’s local address specified in the AGREEMENT. In the event of damages being caused to the VEHICLE, upon YOUR return to the US, if you are a US citizen, YOU shall address directly to a specified USA corporation, Corporation Patience, Persistence, Patience, Inc., to deal with the subsequent damages and charges. This will alleviate the necessity to travel to COSTA RICA.

14.10) A certificate of any director, manager, or accountant of US as to the amount owed by YOU to US will, on the face of it, constitute proof of the amount owing.

14.11) This document contains the entire AGREEMENT between YOU and US regarding the matters contained herein, and WE will not be bound by any undertakings, representations, warranties, promises, or the like not recorded herein, unless otherwise stipulated by law.

14.12) 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.

14.13) This AGREEMENT will be governed by and interpreted in accordance with the laws of the Republic of Costa Rica.

14.14) No extension, relaxation, or other leniency that may be given or allowed by US can be taken to mean that other rights may not be enforced.

15) YOU have read and understand the terms and conditions of this AGREEMENT. YOUR attention has been drawn to the following important clauses:

– The VEHICLE is rented at YOUR own risk.

– YOU agree to pay US all amounts owing in the terms of this AGREEMENT.

– YOU may purchase in advance a LIABILITY WAIVER to potentially reduce YOUR liability.

– YOU indemnify US from liability in certain circumstances.