ACCIDENTAL DAMAGE WAIVER (ADW) DISCLAIMER NOTICE
The ACCIDENTAL DAMAGE WAIVER (ADW) is a limited policy provided by the COMPANY to the RENTER for an additional fee. It provides limited protection against the RENTER's liability to Rent Me Tamarindo/Paradise Cart Rentals for physical damage to the rental equipment while under the RENTER's responsibility.
If an ADW is purchased and the RENTER damages the rental unit, the RENTER will only be responsible for damages exceeding the amount covered by the respective ADW applicable to the rental, instead of the entire out-of-pocket cost.
The ADW does not cover all instances of damage to the vehicle, including theft, tire damage, mechanical damage, vandalism, or loss, as further described in SECTION 8 of this Rental Agreement, as well as labor costs.
The Accidental Damage Waiver is optional and may be declined.
If the ACCIDENTAL DAMAGE WAIVER (ADW) is NOT purchased, the RENTER will be responsible for the full amount of damage, up to the full replacement cost of the equipment, plus any loss of rental income, additional recovery fees, and, if applicable, loss of equipment.
1. DEFINITIONS
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 RESPONSABILIDAD LIMITADA, as the responsible entity for delivering 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 or at 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 with a valid driver's license.
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 condition 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 damage 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 delivered to the defined location in the booking order, and the termination date and time 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, or any authorized 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 on the surface, or 100 meters from the high-tide shoreline.
1.12 Booking: in the context of this contract, 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.
1.13 Loss of Use: means the loss of rental income resulting from the VEHICLE being unavailable for rental due to damage, theft, misuse, or breach of this AGREEMENT for which the RENTER is responsible. Loss of Use shall be calculated based on the reasonable period during which the VEHICLE is unavailable for rental, multiplied by the applicable daily rental rate for that VEHICLE during such period.
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 The VEHICLE must be returned during the COMPANY's authorized return hours unless an after-hours return has been expressly approved in advance by the COMPANY. Any approved after-hours return must follow the instructions provided by the COMPANY.
4.4.4 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 After two hours of a late return of the vehicle, you shall be charged the full daily rental fee established for the vehicle.
4.4.6 Any cancellation shall be governed exclusively by SECTION 10 of this AGREEMENT. No refund or credit shall be available unless the RENTER has purchased the MBP and the cancellation qualifies under the applicable MBP refund schedule.
4.4.7 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.
4.4.8 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 that 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 General customer service and support are available daily from 08:00 to 17:00. Emergency assistance related to the VEHICLE is available 24 hours a day, 7 days a week (24/7), through the COMPANY's official telephone and WhatsApp number: +506 8433-8601. Outside regular service hours, the COMPANY maintains an overnight employee who may provide remote assistance and, when reasonably necessary, may attend the location of the VEHICLE to assess and attempt to resolve minor issues. Mechanical repair services are not guaranteed outside regular service hours. When an issue cannot reasonably be resolved during overnight hours, the COMPANY may, subject to vehicle availability, provide a replacement VEHICLE or arrange for further assistance or repair during regular service hours. The availability of a replacement VEHICLE is not guaranteed and will depend on the COMPANY's available fleet at the time of the incident. Emergency situations involving accidents, breakdowns, theft, safety-related incidents, or other urgent matters concerning the VEHICLE must be reported immediately to the COMPANY. Official Telephone / WhatsApp: +506 8433-8601.
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 or credit, regardless of whether the RENTER has purchased the MBP. 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 $1,200 USD (ONE THOUSAND TWO HUNDRED UNITED STATES DOLLARS) per passenger violating the maximum availability.
5.5 The RENTER understands that vehicles categorized as GOLF CARTS can only be used under a perimeter defined by the COMPANY for each location or city. The RENTER further understands that the vehicle cannot be mobilized to other destinations or locations different from 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 to 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, and 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, and 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 the VEHICLE during the rental period. If the keys, key card, or other means of starting or accessing the VEHICLE are left in or with the VEHICLE and the VEHICLE is subsequently stolen, such conduct shall be considered a failure to exercise ordinary care. The RENTER shall be responsible for the fair market value of the stolen VEHICLE, as provided under SECTION 6.12 of this AGREEMENT, together with any other applicable recovery costs, fees, or losses permitted under this AGREEMENT. If the stolen VEHICLE is subsequently recovered without damage, the COMPANY will charge a recovery/administrative fee of $250 USD, plus any applicable recovery, towing, transportation, repair, or other costs incurred by the COMPANY.
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 is 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 to 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 immediate cancellation of the service, blockage and retrieval of the vehicle, and a charge of $1,500 USD (ONE THOUSAND FIVE HUNDRED UNITED STATES DOLLARS) to THE RENTER. Additionally, no refund or credit will be made for the remaining time of the rental, regardless of whether the RENTER has purchased the MBP.
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 or credit, regardless of whether the RENTER has purchased the MBP.
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 damage 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 always 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 No VEHICLE may be taken outside the Republic of Costa Rica under any circumstances. Golf Carts are additionally restricted to the geographic area specified in the applicable booking and SECTION 5.5.
6.12 YOU, RENTER, and any authorized driver are responsible for:
6.12.1 Physical and mechanical damage to the VEHICLE for which YOU, the RENTER, or any authorized DRIVER are responsible under this AGREEMENT, up to the fair market value of the VEHICLE as determined in the customary market for the sale of such VEHICLE.
6.12.3 Physical damage to the VEHICLE resulting from vandalism unrelated to a theft of the Vehicle.
6.12.4 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 fair market value, with amounts ranging from $50 UNITED STATES DOLLARS up to $500 UNITED STATES DOLLARS, as applicable, 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 for any pending charges upon the finalizing of this contract, whether derived from the payment of the rental period, damages caused to the vehicle not covered by insurance, LIABILITY WAIVER, 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 “Renter's 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, advertising means, exchanges of communications, or verbal promises between you and us regarding this rental are void unless expressly incorporated into a written amendment to this AGREEMENT.
10. CANCELLATIONS AND MONEY-BACK POLICY (MBP)
10.1 All bookings are non-refundable and non-creditable unless the RENTER has purchased the Money-Back Policy (MBP) for the applicable booking. The MBP is an optional protection available for an additional fee and must be purchased at the time of booking in accordance with the COMPANY's official rates and booking terms.
10.2 If the RENTER has not purchased the MBP, no refund or credit will be issued for any cancellation, regardless of the reason for cancellation, including changes in travel plans, personal circumstances, transportation issues, illness, weather conditions, or any other circumstance.
10.3 If the RENTER has purchased the MBP, the following cancellation refund schedule shall apply based on the time the COMPANY receives the written cancellation request in relation to the scheduled vehicle delivery date and time: A. 14 days or more before the delivery date of the scheduled rental: 100% refund. B. 7 days to 14 days before the delivery date of the scheduled rental: 50% refund. C. Less than 7 days before the delivery date of the scheduled rental: 0% refund.
10.4 When a refund is applicable under the MBP, the applicable refund percentage shall be calculated against the amounts paid by the RENTER to the COMPANY in connection with the booking, including the vehicle rental and applicable additional products, services, and add-ons purchased directly from the COMPANY. The MBP fee itself is expressly excluded from any refund and is non-refundable under all circumstances. For the avoidance of doubt, the COMPANY's own applicable add-ons and additional fees included in the booking shall be included in the calculation of the applicable refund percentage, but the amount paid for the MBP shall not be included in the refundable amount.
10.5 No refund will be issued for cancellations made on the same day as the scheduled booking date and time, regardless of whether the MBP was purchased.
10.6 All cancellation requests must be submitted in writing via email. Verbal cancellations, including cancellations made by telephone or WhatsApp, will not be considered valid cancellation requests for purposes of determining eligibility or the applicable MBP refund percentage. The applicable cancellation date and time shall be determined by the date and time the written cancellation request is received by the COMPANY.
10.7 The COMPANY is not obligated to provide a refund or credit unless the MBP was purchased for the applicable booking and the cancellation qualifies under the refund schedule established in this Section.
10.8 If the RENTER wishes to change the booking dates rather than cancel the booking, the request shall be subject to availability and approval by the COMPANY. Any approved change of dates must maintain the same total number of rental days as the original booking. The RENTER may not reduce the number of rental days by changing the booking dates. If the RENTER has purchased the Money-Back Policy (MBP) and the requested date change results in any applicable penalty or adjustment, such penalty or adjustment shall be determined based on the number of days between the date the change request is received by the COMPANY and the original scheduled rental start date, in accordance with the applicable timing and percentages established under the MBP in this SECTION 10. Approval of any date change is subject to vehicle availability for the newly requested dates. The COMPANY is under no obligation to approve a date change when the requested vehicle or an equivalent vehicle is unavailable. Any difference in rental price resulting from the newly selected dates, season, vehicle category, applicable rates, or other booking conditions shall be payable by the RENTER. No refund or credit shall be issued if the applicable rate for the new dates is lower than the rate of the original booking.
10.9 In cases involving force majeure events, including but not limited to natural disasters or government-imposed travel restrictions, the COMPANY may, at its discretion, offer rescheduling or another alternative solution. Such circumstances do not automatically create a right to a refund unless the RENTER has purchased the MBP and the cancellation otherwise qualifies under the applicable MBP refund schedule, or unless otherwise required by applicable law.
10.10 If the RENTER has purchased the MBP but fails to appear at the scheduled date, time, and location without having submitted a valid cancellation request in accordance with this SECTION 10, the booking shall be considered a NO-SHOW. A NO-SHOW does not qualify for any refund or credit under the MBP.
10.11 The purchase of the MBP does not modify, waive, or limit any other obligations, liabilities, charges, damage responsibilities, penalties, recovery fees, or other amounts arising from the RENTER's use of the VEHICLE or from any breach of this AGREEMENT. The MBP is solely a cancellation/refund protection applicable according to the terms and timing established in this SECTION 10.
10.12 The MBP fee is non-refundable and non-creditable under all circumstances, including where the RENTER receives a 100% refund of the eligible booking amount under the MBP.
10.13 The MBP is specific to the booking for which it was purchased and is not transferable to another booking, person, vehicle, or rental unless expressly approved in writing by the COMPANY.
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. Termination by the COMPANY resulting from a breach of this AGREEMENT shall not create any right to a refund or credit for the unused portion of the rental period, regardless of whether the RENTER has purchased the MBP.
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, to the extent permitted by applicable law.
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 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 JURISDICTION AND VENUE. This AGREEMENT shall be subject to the jurisdiction of the competent courts of the Republic of Costa Rica. The RENTER expressly agrees that any legal action, proceeding, claim, or dispute arising out of or relating to this AGREEMENT, the rental of the VEHICLE, or any amounts owed to the COMPANY may be brought by the COMPANY before the competent courts of Costa Rica, in accordance with applicable Costa Rican law. The RENTER's residence, nationality, departure from Costa Rica, or presence outside the Republic of Costa Rica shall not relieve the RENTER of any obligation or liability arising under this AGREEMENT.
14.9 NOTICES AND COLLECTION. YOU choose the address and contact information provided in the booking and/or this AGREEMENT as the address and contact information at which YOU may receive notices for all purposes under this AGREEMENT. If YOU reside outside the Republic of Costa Rica, YOU acknowledge and agree that the COMPANY may contact YOU and pursue the collection of any outstanding amounts, damages, fees, costs, or other obligations arising under this AGREEMENT in accordance with applicable law.
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. IMPORTANT TERMS ACKNOWLEDGED BY THE RENTER
By signing or electronically accepting this AGREEMENT, the RENTER acknowledges that they have read, understood, and agreed to the terms and conditions of this AGREEMENT. The RENTER specifically acknowledges and agrees that:
- The VEHICLE is rented at the RENTER's own risk, subject to the terms and limitations of this AGREEMENT.
- The RENTER agrees to pay all amounts properly due to the COMPANY under this AGREEMENT, including, where applicable, rental charges, damages, Loss of Use, recovery and towing costs, penalties, administrative fees, fines, fuel charges, late-return charges, and other amounts for which the RENTER is responsible.
- The RENTER may purchase an applicable LIABILITY WAIVER, including the ADW, to potentially reduce the RENTER's financial responsibility for qualifying damage. Such waiver is subject to the limitations and exclusions established in SECTION 8.
- The Money-Back Policy (MBP) is optional and must be purchased for the applicable booking in order to qualify for a cancellation refund under SECTION 10.
- If the MBP is not purchased, cancellations do not qualify for a refund or credit, except where otherwise required by applicable law.
- If the MBP is purchased, any refund is governed exclusively by the cancellation schedule and conditions established in SECTION 10.
- The MBP fee itself is non-refundable and non-creditable, including when the RENTER qualifies for a 100% refund of the eligible booking amount.
- The MBP does not provide protection against vehicle damage, Loss of Use, penalties, recovery fees, charges, termination, or any other liability arising from the RENTER's use of the VEHICLE or breach of this AGREEMENT.
PAYMENT AND CHARGE AUTHORIZATION
- By signing or electronically accepting this AGREEMENT, the RENTER expressly authorizes the COMPANY to charge the credit card or other payment method provided in connection with the booking or rental for all amounts properly due under this AGREEMENT, including amounts that become due after the initial rental payment, subject to applicable law and payment network rules.
- The RENTER acknowledges that certain charges may be processed after the return of the VEHICLE when damages, Loss of Use, recovery costs, fines, penalties, missing equipment, fuel charges, late-return charges, or other amounts due under this AGREEMENT are identified or determined after the rental period.
- The RENTER acknowledges that the COMPANY may retain and use the signed or electronically accepted AGREEMENT, booking records, payment records, photographs, videos, GPS and tracking records, vehicle inspection reports, damage reports, invoices, estimates, receipts, emails, WhatsApp communications, and other relevant documentation as evidence of the transaction, the RENTER's authorization, the condition and use of the VEHICLE, and amounts due under this AGREEMENT, including in connection with any payment dispute or chargeback.
The RENTER acknowledges that initiating a payment dispute or chargeback does not, by itself, cancel or eliminate any valid obligation or amount properly due under this AGREEMENT.
The RENTER further acknowledges that the COMPANY retains all rights and remedies available under this AGREEMENT and applicable law for the recovery of amounts properly due.
