GENERAL TERMS AND CONDITIONS OF GMAX CAR RENTAL
Conditions of Use of the Vehicle
According to the Agreement, only the Renter and/or other persons who were included as additional drivers are allowed to drive the vehicle.
The Renter and the additional driver stated in the Agreement must possess a valid driver’s license and be at least 23 years of age. In case there is an accident and the driver is not mentioned in the agreement as customer and/or as additional driver and consequently is not authorized to drive the vehicle, the insurance becomes invalid and the customer is completely responsible for all direct and indirect loss. Fee for an additional driver is US $ 5 per day.
It is forbidden to use the Vehicle for transport of more people than permitted in the registration certificate, for driving in off-road conditions or on roads that are not designated for the Vehicle. Smoking, consumption of alcoholic drinks and other narcotic substances in the Vehicle is prohibited.
GPS System
The Renter is aware that a GPS search system is installed in the Vehicle, allowing GMax Car Rental, if necessary, to identify location and speed of the Vehicle. GMax Car Rental has the right to search for the Vehicle that was not returned by the due time, and, if necessary communicate the information regarding location of the Vehicle received through the search system to the police.
Transfer and Return of the Vehicle
GMax Car Rental transfers the Vehicle in an operating condition together with documents required for driving.
The Renter undertakes to return the Vehicle to GMax Car Rental in the place, on the date and at the time stated in the Agreement. If car is not returned within the first two hours of the delivery time, there will be an additional cost of $ 20.00 per hour, if car is returned more than 4 hours after the delivery time, there will be an additional cost of the current daily rate added.
GMax Car Rental has the right to early cancellation of the Agreement if it discovers that the Renter has materially breached the Terms and Conditions of the Contract, or submitted incorrect information when he or she rented the Vehicle, or does not manage to properly use the Vehicle.
The Renter checks condition of the Vehicle when it is transferred and the Renter confirms with his or her signature on the front page of the Agreement that the Vehicle corresponds to descriptions provided in the Agreement.
Direct possession of the Vehicle is deemed as having been accepted by GMax Car Rental, if GMax Car Rental received the keys of the Vehicle and had an opportunity to inspect the Vehicle (not later than within 72 hours after the time of return of the Vehicle stated in the Agreement).
The Renter undertakes to pay an additional charge for cleaning of the Vehicle, if after the Vehicle is returned the Car Hire Company has to use a more thorough cleaning than the standard one.
If weather conditions, darkness, place and/or time of return of the Vehicle do not allow GMax Car Rental to discover loss of parts of the Vehicle, and/or damage caused to the Vehicle and/or to its parts during the period of rent, or if it is harder to make such discovery due to dirty condition of the Vehicle, location of the damage and/or initial location of the missing parts, GMax Car Rental has the right to demand from the Renter reimbursement of the damage also if such damage is discovered only after acceptance of return the Vehicle.
Liability of the Renter
If Renter accept the Extra (CDW – Collision Damage Waiver) Insurance, Renters responsibility for damage to the vehicle is;
US $1,000.00 for cars – at a rate of US $ 10 per day, US $ 1,500.00 for SUV and vans – at a rate of US $ 15 per day, US $ 3,000.00 for jeeps and exclusive cars – at a rate of US $ 20 per day. Extra insurance is valid only with police and/or Forensys report.
Renter understands that declining the CDW or not acting in accordance with the rental agreement and the additional condition, Renter is responsible for all loss, damage, towing, etc. of the vehicle regardless of the question of who to blame.
The Extra insurance doesn’t cover the following situations: wrong way driving accidents, driving under influence of alcohol or drugs, speeding, hitting rocks or stones, damages in any parking lots, off road driving, damages to third part exceeding US $ 50,000.00. If Renter doesn’t accept the Extra insurance, Renter is responsible for the total amount of loss. Deductible on third party insurance in the amount of US $ 250.00
If Renter has purchased the optional loss damage waiver (LDW), which is not insurance, GMax Car Rental will not hold Renter responsible for loss of or damage to the car. LDW entails an additional charge of US $ 5 per day. All charges are subject to change without notice. Purchase of LDW is not required in order to rent a car and may be declined. Renters own insurance (or that of an authorized operator) may cover all or part of your financial responsibility (or that of the authorized operator) for loss of or damage to the car. Before deciding whether to purchase LDW, Renter is advised to consult with insurer. If Renter has declined LDW at the commencement of the rental, Renter understands that by declining the optional LDW Renter is responsible for any and all loss of or damage to the car. Renter furthermore understand that regardless of any agreement Renter may have with american express, diners, discover, visa, mastercard or a third party insurance company regarding the coverture for damages to the rented vehicle, Renters primary financial responsibility will continue to be primarily to GMax Car Rental for any damage charges as described.
Charges and Terms of Payment
The rental charge is calculated on the basis of the price of rent effective at the time of booking of the Vehicle or conclusion of the Agreement.
In case of extension of the Agreement, calculation of the rental charge is based on the price of rent valid at the time of extension, which will be applicable to the entire period of extension.
Based on the actual use of the Vehicle by the Renter, costs that could not have been foreseen at the start of the period of rent can be added to the rental charge. Such costs include costs related to failure to observe the terms of validity of the price of rent, costs related to failure to observe the time and/or place of return stated in the Agreement, costs related to reimbursement of damage caused to the Vehicle and/or its parts, charge for filling the tank and resulting service charge, costs resulting from return of the Vehicle outside the business hours and/or office of GMax Car Rental, costs of additional cleaning, costs of traffic and parking fines and resulting administration costs, costs arising from breach of the Terms and Conditions of the Agreement, and other costs arising from the use of the Vehicle by the Renter, unless GMax Car Rental and the Renter agreed otherwise. The Renter undertakes to pay all the above costs in full.
Final monetary obligations of the Renter are established after return of the Vehicle.
$ 500.00 deposit is paid by the Renter as earnest money for confirmation of conclusion of the Agreement and as a security of its performance. GMax Car Rental has the right to use the security to offset costs of rent services or other costs arising during the period of rent, or any respective damage.
By completion of the booking the Renter provides to GMax Car Rental the right to debit all obligations arising from the Agreement (rental charge, security) from the credit card, payment card of the Renter, or using another payment method accepted by GMax Car Rental.
GMax Car Rental has the right to deposit (or pre-authorize) the amount equal to the minimum cost of rent, excess, cost of a full tank and filling service charge. The same amount of fuel that Renter is provided with, Renter will have to return at the end. No refund if it exceeds the amount of liters of fuel.
In order to cancel the booking the Renter must submit an application to the e-mail address reservation@gmaxcarrental.com. For online reservations: A down payment of US $ 40 will be required is to secure your car and is non-refundable in case of cancellation.
For fully prepaid reservations made online; If the booking is cancelled within 48 hours before the start of the booking, the cancellation charge is 10% of the cost of booking. In case of no-show of the Renter, the cancellation charge is 20% of the cost of booking. In case the booking is cancelled due to circumstances caused by the Renter; For example, among other, due to absence of the driver’s license and/or other documents, absence of a suitable bank card or funds, submission of incorrect data, etc. all prepaid amounts (including down payment) are not subject to refund.
Damage, Accidents, Theft and Vandalism
The Renter undertakes to immediately inform GMax Car Rental via telephone of any traffic accident, theft, damage to the Vehicle and/or its parts, and/or of any other incident that happened to the Vehicle, and to report such cases to the police.
The Renter undertakes to record the names, telephone number and addresses of participants in the incident and witnesses of the incident (i.e. collection of oral information only is insufficient), and, if possible, to take pictures of the place of the accident.
In case of deformation or heavier damage to the Vehicle, or where towing is necessary, the Renter calls the car assistance number attached to the documents of the Vehicle.
In case of an accident, theft and/or vandalism the Renter undertakes to complete and submit to GMax Car Rental a statement of accident or theft. The Renter also undertakes to submit to GMax Car Rental a signed letter of explanation that includes his or her description of the incident and a copy of the driver’s license.
The Renter undertakes to cooperate with GMax Car Rental, its insurers and law enforcement authorities in the course of investigation and resolution of legal issues arising from a traffic accident, theft and/or act of vandalism.
Liability of GMax Car Rental
GMax Car Rental is not liable for any losses or damage arising from rent of the Vehicle caused to the Renter or third persons, except for direct proprietary damage if it was caused by gross negligence or intent of GMax Car Rental. GMax Car Rental is not responsible for property and items of the Renter, additional drivers and passengers that were left in the Vehicle during the period of rent.
Parking and Traffic Fines
The Renter is fully liable for all traffic and parking fines received during the period of rent, and for other violations of law and their consequences.
If the Renter receives a traffic or parking fine during the period of rent, the Renter must inform GMax Car Rental thereof when the period
rent expires. If the Renter does not pay traffic or parking fines, the GMax Car Rental can disclose data of the Renter and send it to third person
for the purpose of recovery of the fines.
If, in the case GMax Car Rental pays the fine instead of the Renter, the Renter must reimburse all such costs to the Car Hire Company and pay the resulting late payment penalties.
Penalties, Service Fees
The Renter pays to GMax Car Rental in case of:
Traffic accidents which result in confiscation of the Vehicle or its parts by law enforcement authorities – the penalty of $ 1000:
Smoking in the Vehicle – the penalty of $ 150.00; for absent or damaged car key – the penalty of $ 100.00; for absent document or documents – the penalty of $100.00; for punctured tire – the penalty of $ 100.00 for every punctured tire; for loss of jack or tool – $ 75.00; – the penalty of $ 200.00; for every absent or broken part of the car equipment – the penalty of $150.00; for absent or broken WiFi equipment; – in case of necessity to perform dry cleaning of the cabin – the service fee of $100.00; the penalty of $1.50 for every liter of fuel;
The basis for assessment of the damage caused to the Vehicle is a respective pricelist prepared by the official dealer of the Vehicle in Aruba.
In addition to payment of the penalty and/or service charge the Renter also undertakes to reimburse to GMax Car Rental all damage that exceeds the amount of the penalty and/or service fee.
Processing of Personal Data
By signature of the Agreement the Renter allows GMax Car Rental to use his or her personal data, and to store and process the data arising from the Agreement according to the needs of GMax Car Rental, which include statistical analysis, solvency checks and protection of property of GMax Car Rental. GMax Car Rental has the right to store and process personal data of the Renter for as long as it is reasonably necessary for achievement of the goals for which GMax Car Rental has the right to process the data. If the Renter breaches the Agreement, GMax Car Rental has the right to disclose such data and send it to third persons according to the need to eliminate the damage caused to GMax Car Rental by breach of the Agreement, and to preclude any further damage.
The Renter agrees that the following personal data of the Renter disclosed to GMax Car Rental AS: personal identification/registration code of the Renter, start date, end date and amount of payment default, can be forwarded to third parties and the Renter gives his or her consent to processing of such data for the purpose of making a credit decision in the payment default.
The right to forward data of the Renter to is created if the Renter has an outstanding monetary obligation arising from the Agreement.
Personal data of the Renter is processed according to the privacy policy of GMax Car Rental which regulates collection, use, disclosure, procurement and storage of personal data of customers of GMax Car Rental. Privacy policy of GMax Car Rental is based on the Personal Data Protection Act of Aruba and on other legal instruments regulating protection of private life.
Validity of the Terms and Conditions
The present Agreement is regulated by the legislation of Aruba. All disputes arising from the present Agreement are resolved by way of negotiations between GMax Car Rental and the Renter. If GMax Car Rental and the Renter fail to reach an agreement, the respective dispute is resolved in court according to legal instruments of Aruba.
Renter Signature
(By signing this contract means that you read and approved our General Terms and Conditions on both sides of the contract).