THE FOLLOWING IS A WARNING, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“Agreement”) BETWEEN THE RENTING PARTY (hereinafter collectively referred to as I) AND RENTAL COMPANY AND RENTAL PARTNERS (hereinafter referred to as CMStay):
A. Identification and Responsibility. I acknowledge that riding a scooter or motorcycle can be a hazardous activity that involves risks that may cause injury to myself or others and may be fatal to myself or others. I willingly agree to assume all risks included in the activity. I represent that I am physically and legally qualified to operate the above-stated Vehicle and that I have provided accurate driver identification to CMStay. I will not leave the rental premises until I have been fully briefed and completely understand how to properly operate the Vehicle.
B. Use. I have been offered a helmet and understand that it is suggested I wear the helmet at all times while riding the Vehicle. I will use the Vehicle in a careful and proper manner, and I will comply with all laws, ordinances and driving regulations for Thailand.
C. Limitations of Use. I will ride this unit on paved roads only, and I will never ride this Vehicle on gravel or sand roads. I will not burn or smoke the tires. I will not engage in any racing, speed contest or reckless activity. I will not leave the key in the ignition when I make stops (leaving the key in the ignition drains the battery.) I will not use the Vehicle to carry passengers in excess of the capacity stipulated above, and I will not permit any other person to operate the Vehicle. I will never get off the Vehicle while the engine is running. I will not make any alterations to the Vehicle. Failure to comply with Sections A-C will result in loss of my security deposit.
D. Environment. I acknowledge that CMStay is not responsible for the conditions of roads, routes or surfaces on which I will be riding. I acknowledge that flat tires and any mechanical failure are an inherent risk of moped and motorcycle riding. I further understand that although roads, routes and surfaces may be suggested to me for riding by CMStay, they are not the property or responsibility of CMStay to maintain, and therefore I release CMStay from any legal claim liability or responsibility of said areas.
E. Inspection by Renting Party. I will inspect the Vehicle at the time of receipt of such property. Unless I give written notice to CMStay on the CMStay Vehicle Check Out Form specifying any defect in or other proper objection to the property, I agree that it will be conclusively presumed that I have fully inspected and acknowledged that the property is in good condition and repair, and that I am satisfied with and have accepted the Vehicle in such good condition and repair.
F. Rescue Trips. CMStay does not provide rescue trips. If I require a rescue trip, I agree that I will be charged 1000thb for any pick up within 25 kilometers of the rental office, and an additional 1000thb per hour round trip for rescues more than 25 kilometers from the rental office. I am responsible for the cost to replace flat tires, lost keys, locks and license plates, dead battery, any and all repairs, towing charges, replacement of parts or other costs incident to the operation of the Vehicle during the Term.
G. Vehicle Return. If a return date/time extension is desired, I will contact CMStay by phone prior to the deadline to request an extension, which I understand may or may not be granted based on the reservation calendar. Any Vehicle returned 1 hours or more after due-back time will be calculated at a 1 day minimum rate, and additional fees may apply if late return if a next customer reservation is delayed.
H. Fuel. I agree to return the Vehicle with a same amount of petrol as when received, or I agree to be charged 50thb/liter. I will use 91 or 95-octane gasoline only.
I. Inspection by CMStay. CMStay will inspect the Vehicle at the time of return of such property. CMStay may institute additional fees if the condition of the Vehicle is not acceptable to CMStay. Such decisions are at the sole discretion of CMStay.
ABSOLUTELY NO REFUNDS ON PAID RESERVATIONS, EARLY RETURNS OR BAD WEATHER.
1. Definitions. “Agreement” means all terms and conditions found in this form, any addenda and any additional materials you sign or we provide at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, 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 “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the business entity named elsewhere in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license. “Vehicle” means the vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other comprehensive loss not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any reason due to damage to it, or loss of it, during this rental; loss of use is calculated as a reasonable estimate of the revenue we lost during the repair or replacement period.
2. Rental, Indemnity and Warranties. This is a contract for 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 law or this Agreement. 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 and your use of the Vehicle. 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. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle, less any salvage we recover, on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for loss of use, diminished value of the Vehicle if the vehicle in not repairable, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any.
6. Charges. You will pay us, or the appropriate government authority, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay the charging authority for a toll or parking fine, you will pay us all amounts owed to the charging authority plus our administrative fee of 1000thb for each such violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) 1000thb or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed 500thb to clean the Vehicle if returned substantially less clean than when rented.
7. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Breach of Agreement. The acts listed in Paragraph 5, above, are prohibited uses of the Vehicle and breaches 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.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
11. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement is governed by the laws of Thailand, and the Parties submit to its exclusive jurisdiction in the matter of any disputes.