Terms and conditions
Warning * All persons driving the said vehicle must have a valid current driver's licence of their country of residence. Copies are required. Minimum age of 21.*Customer is liable for all parking and traffic violations. *Vehicle shall be operated only by customers authorised on rental agreement, Customer agrees he will not surrender the use of vehicle to any person without having obtained the written permission of Lessor. All charged are subject to final audit. This agreement cannot be renewed. If vehicle is used without Lessor's permission or in violation of the Agreement or is damaged as a result of conditions enumerated in Paragraph 4,7,8 & 12, Customer shall be liable for all damages. Any and all claims against Lessor must be submitted in writing within 30 days of completion of rental or shall be deemed waived by customer.
Lessor makes no warranties, express, implied or statutory, including but not limited to the implied warranties or merchantability and fitness for a particular purpose. Customer represents that he has fully inspected the vehicle described herein and that same is in good condition and repair. The Vehicle described herein is rented pursuant to and in accordance with The "Terms and Conditions' of this Agreement. Customer represents that he has read and agrees to same. Customer will pay to Lessor interest on all delinquent sums until paid at the maximum legal contract rate allowable or12% per annum, whichever is less.
1 DEFINITIONS:
This is an Agreement of rental only and consists of all the terms and conditions of these pages whether printed or written. "Customer"(Lessee) means the person signing this Agreement and any other person or organization to whom charges are to be billed, Lessor is the owner of said vehicle (Stylings RV Ltd) "Vehicle' means the Motorhome identified in this Agreement, tools, accessories and equipment attached thereto.
2 VEHICLE CONDITION UPON ITS RETURN:
This Agreement commences at the time indicated in the Hire Period section stated above and shall continues until Vehicle has been returned to Lessor on the date & time & at the location on this agreement. Customer shall return, vehicle in the same condition as received, ordinary wear excepted to the location where picked up from, on the "Due Back' date, or sooner upon Lessor's demand, oral or written. If Customer is in breach of any of the provisions of this Agreement. Vehicle is Lessees property and Customer is not Lessees agent for any purposes. If Vehicle returned excessively dirty a cleaning charge maybe applied
Vehicle to be returned with empty waste tanks or service charge will apply of $35.00.
3 PAYMENT AND COMPUTATION OR CHARGES: ERRORS:
Customer shall pay Lessor on demand the sum of (a) all charges specified in the Rental Agreement (b) all other sums due under this Agreement: applicable federal, provincial sales, taxes on all charges, (d) Lessees costs including reasonable attorney's fees, incurred in collection of payments due from Customer (E) all fines, penalties, forfeitures, court costs, traffic and parking violations and other expenses assessed against Lessee. (f) Arising out of the violation of any law or regulation with respect to Customer's operation or use of Vehicle. (g) Kilometres shall be determined by reading factory installed odometer. (h) Damage deposit to be refunded to lessee within 7 days from end of rental period providing there is no damage to Vehicle or claim to be made by Lessor. In the event of claims being made damage deposit will be withheld by lessor until all claim issues are resolved All charges are subject to final audit. If upon final audit an error is found in any earlier calculation, Customer shall pay corrected charges. Customer authorises Lessor to correct any charge card invoices to reflect the correct charges. All monetary transactions in Canadian dollars.
4 PROHIBITED USE OF VEHICLE
(a) to carry person for hire
(b) to tow any other vehicle or trailer unless authorised by lessor
(c) for the carrying or hauling of explosives or other Dangerous Articles.
(d) while Customer or other authorised operator is under the influence of intoxicants, hallucinatory drugs or narcotics.
(e) for the purpose of smuggling and if Vehicle is seized, the Customer agrees to pay all damages incurred including (but not limited to) loss of income and recovery of Vehicle.
(f) In violation of any applicable laws and regulations or is used for any illegal purpose, or is obtained from lessor by fraud or misrepreresentation or is used without permission.
5 INSURANCE CLAIMS
Customer or the Driver of the Vehicle involved in any accident or collision must immediately, or soon after report details to Lessor and MPI by phone or email as noted on rental agreement. Customer must immediately or as soon as possible deliver to Lessor every process, pleading or paper, police report of any kind relating to any claim, demand, suit or proceeding received by Customer or said driver in connection with any action or occurrence involving Vehicle, Customer, driver shall cooperate with the Lessor and the insurer in the investigation and defence of any claim or suit. Notwithstanding anything herein contained. Customer hereby agrees to indemnify and hold harmless Lessor and/or the insurer against all loss, liabilities and expenses, including attorney's fees, resulting from bodily injury, death and property damage sustained by any person or persons while Vehicle is used without Lessor's permission.
Customer shall indemnify and hold harmless Lessor, its agents and employees from and against all loss, liability and expense caused by or arising out of the ownership, maintenance use or operation of Vehicle subject to the Agreement.
6 MOTORHOME LEASE SERVICE AGREEMENT
Through reasons beyond the Lessor's control, Lessor cannot be liable in any way if Motorhome/trailer is not available for rent in said period,.
7 CUSTOMERS RESPONSEABILLITIES , REFUELING SERVICE CHARGE:
(a) indemnify and hold harmless Lessor, its agents and employees from and against all loss, liability and expense caused or arising out of Customer's failure to comply with the terms of this Agreement.
(b) Vehicle to be returned with the same amount of fuel as noted on rental agreement. If Vehicle is returned with less fuel, Customer shall pay to Lessor to compensate Lessor for fuel and refuelling. Refuelling service charge $50.00 + fuel
(c) pay for any mechanical damage, towing charges to Vehicle if damage is caused by Customer's failure to use correct fuel, maintain adequate engine oil & coolant levels, or by reason of any other neglect of necessary servicing or maintenance of Vehicle while under Customer's care, custody or control. whether or not causing a delay en-route
(d) obtain and pay all trip permits, tolls, licences or special fees or taxes required by any law or regulation of the jurisdiction in which Customer operates the Vehicle;
(e) pay for all towing expenses if the Vehicle becomes stuck in mud or snow.
8 LOSS OR DAMAGE TO VEHICLE:
Customer shall return Vehicle to Lessor in the same condition as received, ordinary wear excepted foregoing. Customer shall be responsible for all resulting loss and expense of Lessor if Vehicle is used without Lessor's permission or lost or damaged as a result of any of the following:
(a) using Vehicle on any road or other area that is not hard surfaced and regularly maintained.
(b) transporting a weight in excess of the maximum and payload specified on Page 1
(c) overloading or improperly loading Vehicle
(d) riot, strike or civil commotion
(f) reckless, careless, or abusive use, including but not limited to Customers or his agents or employees. Failure to remove keys and lock Vehicle while it is unattended.
9 LESSOR RIGHTS ON CUSTOMER'S DEFAULT:
Lessor shall have the right: To repossess Vehicle at any time without demand at Customer's expense, if Vehicle is apparently abandoned, misused) or if vehicle is not returned at the time specified herein or sooner as permitted by the terms of this Agreement
(a) in breach of any provision of this Agreement, (b) in violation of any law or regulation. (c) For the purpose of repossessing the Vehicle. Lessor may enter upon the premises of the Customer without becoming liable for trespass. Customer waives prior notice of Pre-seizure hearing and judicial process as a prior condition to Lessor's repossession.
(d) to issue and circulate theft notices, cause warrants to be issued for the taking into custody of Customer, his agent, partner or employee, and/or take any other steps which Lessor shall reasonably deem necessary to recover Vehicle,
(e.
10 LIABILITY FOR PROPERTY
Lessor shall not be liable for loss or damage to any lessees personal property, left, stored, loaded or transported by Customer or any other person in, upon Vehicle whether or not due to the negligence of Lessor, Its agents and employees
Customer hereby assumes all risk of such loss or damage and waives all claims against Lessor by reason thereof and agrees to hold Lessor, its agents and employees, harmless from all claims based upon or arising out of such loss or damage
11. LIABILITY OF LESSOR:
Lessor shall in no event be liable for any indirect, special or consequential damages in connection with or arising out of the use, operation or performance of Vehicle, including any claim to a Vehicle reservation.
12. USE OF OTHER EQUIPMENT WITH VEHICLE:
Where a Vehicle provided hereunder is operated by Customer with a trailer or other equipment not covered by this Agreement. Customer warrants that such trailer or other equipment will be in good operating condition, compatible in all respects with the Vehicle provided hereunder and in full compliance with all laws and regulations covering said trailer or other equipment and Customer shall indemnify Lessor, its agents and employees from and against all loss, liability and expense resulting from Customer's failure to comply with the foregoing.
13. WAIVER/MODIFICATION OF TERMS:
No term or condition of this Agreement may be waived or modified except by a written instrument signed by Lessor's authorized representative.
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14. COMUNICATION
The primary lessee is the customer noted on page one, all communications and all dialogue will be channeled through the primary customer.
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15. LATE RETURN FEE(s)
A $75.00 per hour late fee will be charged unless a late drop off is prearranged with Styling’s RV ltd ahead of time.
I have read the Agreement, Terms and Conditions and agree to be bound by them.