Allgemeine Vermietbedingungen
 

TERMS& CONDITIONS OF HIRE

Unless inconsistent with the context here of the terms “vehicle” shall mean the motor vehicle hired and described in the over leaf together with all accessories thereto.

 

Hirer’s obligations:

  1. Charges:The hirer shall pay the Owner all charges such as Hire charges, CDW (if taken) traffic fines inclusive of 10% surcharge, damage charges, excess km usage charges, airport surcharge, toll charges, fuel difference charges, VAT or any other tax, parking fee, and late payment charges, without demur and on first demand of the Owner. Toll charges will be billed @ Aed. 5/- per crossing of the toll gate.As per the directives of Dubai Police, all vehicles are fixed with GPS enabled vehicle monitoring devices for which the Hirer has to pay Aed 4/- per day.  Rental, CDW and all other known charges are to be settled in advance by the Hirer for the entire rental period. If there is a delay in payment a penalty of 5% per month shall be paid by the Hirer to the Owner.Aed 1,000/- will be charged in case of dishonoured cheques.In case of rentals of over one month, the hire charges and all related charges should be settled in advance on a monthly basis by the Hirer. The Owner will continue billing the Hirer / the Credit card holder till the Hirer offhires the vehicle and hand over to owner’s representative. An amount equivalent to the estimated rental days plus traffic fine deposit of AED 1,000/- will be blocked on the credit card submitted, which would be used for settling the amounts. The amount blocked shall be released only after 60 days of the closure of the Rental Agreement after adjusting the dues.All expenses related to refund of the deposit shall be borne by the Hirer. Fuel difference will be billed at Owner’s tariff rate, which includes surcharge for refueling.
  2. Traffic fines / other penalties and deposits: Traffic fines or other penalties issued by any Competent Authorities of UAE on the vehicle/s hired will be first settled by Owner and charged to the credit card details given to the Owner, by the Hirer, including 10% service fee or will be adjusted from the deposit, if any, kept by the Hirer with the Owner. In case there are no deposits or no money available in the credit card provided by the Hirer, the Hirer hereby agrees to pay the penalty along with the service fee, upon notification to him without demur. Delayed payment fee will be applied in case of non-payment. The Owner will provide the payment receipt received from the concerned authorities as proof/details of the penalty settled. In case the Hirer requires more details of the penalty, the Hirer has to pay an additional service fee to the Owner. In such cases, the Owner can give only the information/proof received from the concerned Authorities as the proof of the penalty. The unutilized portion of the deposit, if any, shall be returned to the Hirer after 60 days from the closure of the rental agreement.The Hirer notes and agrees that the Refund of the Traffic Fine deposit does not in any way guarantee that there can be no further traffic infringement notice received from the concerned authorities under the Rental Agreement.
  3. Insurance:All vehicles are comprehensively insured in accordance with the laws of UAE. In the event of an accident or damage to the vehicle, caused by the Hirer or other party, the Hirer will be responsible for the first Aed. 2,000/-(Excess on insurance chargers) except when the collision Damage Waiver (CDW) is purchased by the Hirer.Insurance cover is applicable only within United Arab Emirates territory.  The Hirer is completely and exclusively responsible for any loss or damage to his/her belongings kept in the vehicle as there is no extra insurance coverage arranged by the company. All compensation for any claims lodged will be limited to the insurance policy coverage and will be directly settled by the insurance company.  For all the cases that are not covered by insurance, the Hirer is responsible for compensating himself, the owner and third parties.
  4. Accidents / Damages:In the event of accident or any damage to the vehicle including missing parts, the Hirer must not remove the vehicle from the scene of the mishap. The police should be informed immediately and a police report must be obtained. No objection for repairs is just permission for repairs and shall not absolve the Hirer of the responsibility for accident, as this document will not be accepted by insurance company for claims. Owner’s service desk should then be notified on 04-3394433 or 04-2245240 to provide assistance.  Damaged vehicles will not be accepted back without a proper police report giving permission to repair the vehicle.  The Hirer must hand over the original report to Owner when returning the vehicle or when requesting for a replacement vehicle. The report must be obtained at the time of the damage, whether body or underneath damage is caused or discovered. Regardless of insurance, punctures and damaged tyres are the Hirer’s responsibility. In the event, a police report is not submitted or until a police report is submitted to Owner, the Hirer is liable to pay for the hire days and personally liable for all the damages to the vehicle as estimated by the Owner and other parties and the additional rent of replacement vehicle that may be provided if available, as the Hirer will not be provided a free replacement.

If CDW is purchased by the Hirer: The Hirer does not have to pay any amount upon producing the proper police report to cover the damages. In case hirer does not produced police report the hirer has to pay the repair charges as per Owner’s estimate plus rental charges for the estimated number of days required for making the vehicle roadworthy.

If CDW is not purchased by the Hirer: (a) Accident or damages to vehicles due  to Hirer’s mistake or unknown damage and the Hirer produces a  proper police  report to cover the damagers, then the Hirer has to pay Excess on insurance of Aed2,000/- plus 3 days rental charges based on Owner’s standard tariff, irrespective of the amount of damage. (b) Accidents or Damages to vehiclesdue to third party’s mistake and Hirerproduces a green police report. Hirer has to pay Excess on insurance of Aed.2,000/-.

No insurance coverage is applicable if: (a) the Hirer or Driver during the period of the rental sublets the vehicle with or without this consent. (b) The Hirer is under the influence of alcohol or drugs at the time of accident. (c) The vehicle is driven by an unauthorized driver i.e. not following the clause 5 ‘Authorized driver’. In such cases the Hirer is liable is to pay for all damages to the vehicle, third party claims, passengers in the vehicle and the rental value for the total number of days the vehicle is under repair in the workshop.

5.Authorized Driver: The Driver has held a valid driving license to drive in the UAE for more than one year and is 21 years of age or above. Failing to follow the above, the Hirer is required to pay 10% of the claim amount lodged with insurance company in case of any accident of damages. The vehicle should be driven only by the drivers whose names are registered on the Rental Agreement by the Owners representative and the additional drivers are UAE Nationals or Resident Visa holders, having a valid UAE driving license and following the above driver age and license age criteria. For drivers who are on transit or visit visa, a translation of their national or international driving license is to be submitted, certified by UAE Traffic Police confirming that the holder of the license is authorized to drive in UAE.
6.Use of vehicle:The Hirer should not use the vehicle for off-road driving, motor sports, rallying, towing or any other activities that may damage the vehicle, Hirer is responsible for any damage to the vehicle due to any misuse and shall pay all repair / misuse charges on first demand without demur. The misuse charges will be assessed by the Owner on case to case basis. Special instructions for the four wheel drive vehicles are as follows: (1) Clutch is not covered by insurance and the Hirer will be charged an amount of Aed. 2,000/- in case the clutch is damaged during the rental. (2) 4WDs and other vehicles are not allowed to be used for Off Road, fun / Adventure drive. The Hirer bears full responsibility for any damages caused, if they do not follow this instruction.The vehicle will not be used for transportation of any illegal substances (alcohol, drugs, etc.) or transport merchandise or transport passengers for hire or any other illegal act, in case of fine or confiscation of the vehicle, the Hirer is responsible for payment for all fines/ damages to the Owner, like full value of the vehicle in case of confiscation of the vehicle by the Law enforcement Authorities, fines, claims of passengers, third party claims, services charges of the Owner in setting the issues and loss of income or loss of rental during the period of confiscation on first demand and without demur. The Hirer is to hold Owner indemnified against all prosecution of legal action on this count and promises to subrogate himself in case of any legal proceedings launched against the Owner due to Hirer’s misdemeanors. No replacement vehicle shall be provided during the period of confiscation of the vehicle by the authorities while the Hire charges shall continue to be charged for and paid by the Hirer for the confiscated vehicle.
7. Maintenance: The Hirer acknowledges that the vehicle was delivered to him clean and in proper roadworthy condition by the Owner and the radiator and oil reserves of the vehicle was full. The hirer hereby undertakes: (a)To use and maintain the vehicle and at the termination of the period of hire and take as much care as any prudent user would of his / her own vehicle, return it to the Owner’s representative in the same good, clean and roadworthy order and condition as it was delivered to him along with fuel and oil reservoirs at the same level. The difference in fuel gauge and the car washing charges for interior and exterior cleaning,  will be charged to the Hirer at Owner’s tariff. (b) To keep sufficient water and oil in the vehicle. (c)  Whilst the vehicle is in his possession to supply all fuel and oil as is necessary to keep the vehicle operational at his/her own cost and expense. (d)  To deliver the vehicle to the Owner’s representative according to the reading on the “service Due” sticker for lubrication service to keep the warranty of the vehicle valid. Any damages or Warranty reinstatement charges due to the fault of the Hirer not adhering to the service schedule will be recoverable from the Hirer. (e)  To return the vehicle to the Owner with its oil reservoir full. (f)  To compensate the Owner for all loss including loss of profits, which the Owner may suffer as a result of the hirer’s failure to follow his obligations in terms of his clause.Should any mechanical fault in the vehicle manifest itself during the period of the hire, the Hirer shall immediately return the vehicle to the Owner for repairs. Smoking or eating inside the vehicle prohibited. All expenses in cleaning the interior and making it smoke odor free will be charged to the Hirer. The Hirer acknowledges that he will bear the cost of any repair work done by him without the prior written consent of the Owner.The  Hirer undertakes  not  to remove  any  parts  or accessories  from  the hired  vehicle and  not to  change  the color or repaint  or repair the  vehicle or make any alterations, whatsoever in nature, without  the  prior written  consent  of the Owner. All penalties imposed by any authorities and the cost of reinstating the vehicle to the original status along with the number of days vehicle was in repair or in custody of authorities will be charged to the Hirer.
8.Amending the Rental Agreement: In the event that the Hirer wishes to extend the rental period, the Hirer should inform the Owner of his intention before the due date. Failing to do so, the Owner may report the vehicle as missing to the authorities and charge all charges including full value of the vehicle to the Hirer. Owner will not be held responsible for any inconvenience caused to the Hirer due to that. The Hirer will be charged for the rental till the vehicle is returned to the Owner. All extension requests must be in writing. The Hirer is advised to inform the Owner’s representative the contact number or any change in the contact number of the Hirer in the UAE during the full rental period i.e. until the off hire. The Hirer has to immediately respond to Owner’s telephone calls, electronic messages etc without fail.
9.Off Hire:  The Hirer has to return the vehicle on the due date to the location from which it was hired. In case the Hirer does not return the vehicle on the due date, the rate applicable for the additional days will be as per the Owner’s published daily tariff displayed at their sales outlets. Rate quoted will be as per the expected duration of the rental. In the event that the Hirer returns the vehicle before the expiry of the agreed duration of the contact, the applicable rates will be as per the Owner’s published daily tariff displayed at their sales outlets. Rental per day is for 24 hours use. The hirer will be allowed one hour grace period for returning the vehicle, after such time hirer will be charged for an additional full day hire charges. The Hirer should ensure that the vehicle is returned well in time to provide the authorized representative of the Owner a minimum 20 minutes to inspect the vehicle, close the rental agreement and issue a receipt for the vehicle. In case the Hirer wishes to return the vehicle at Dubai International Airport Terminal 1, he has to call our representative at 04-2245240 or 04-2245226 well in advance to know the procedures of off hire there.  In case of returning the vehicles at Airport terminals, the Hirer has to pay for the applicable parking fees. The Hirer is obliged to hand over the vehicle personally to the representative of the Owner only.  In case the vehicle is not personally handed over to the Owner’s representative, any damages / missing parts of the vehicle discovered by the Owner’s representative while taking physical possession of the vehicle later, even in the absence of the Hirer will be charged at an estimated repair charges as assessed by the Owner’s Garage which the Hirer will be bound to pay without protest or demur on First demand. The Hire charges will continue to accrue on the hired vehicle till the date and time, the Owner’s representative receives back the physical possession of the vehicle in good condition.  All relevant details such as Odometer reading, fuel gau­­ge reading, etc. will be entered in the Rental Agreement as closing details and the additional charges will be calculated based on those final readings. The receipt / vehicle in check list by Owner’s representative is the only acceptable proof that the vehicle has been returned in good condition by the Hirer. However the invisible damages like underneath damage will be checked at the Owner’s service center and the cost if any, will be charged to the Hirer.
10.General:The Hirer hereby chooses his contact details as shown on the rental agreement as the accepted address where all notices and processes may be served upon him and will inform the Owner should any changes occur.Terms and conditions are subject to U.A.E. Legislation only. Any disputes or claim from parties will be settled as per U.A.E. Jurisdiction. Worldwide insurance coverage is not applicable.Should the hirer commit any breach of any of the terms of this Agreement or should the driver during the period of the use the vehicle in a manner in which the owner considers prejudicial to this rights and interests therein, the owner will be entitled to cancel this agreement immediately and to retake possession of the vehicle without prejudice to any right which the owner may have under this agreement in law and in particular without prejudice to the rights of the owner to claim the hire charges due in terms of this agreement and or damages.The Hirer agrees and accepts terms and conditions written in this agreement and this Agreement is entered into upon the faith and all statements made by the Hirer as being true. The Hirer indemnifies the Owner against all claims from whatever sources which may be made against the Owner arising from the use of the vehicle or the manner in which it was driven while it was not in possession of the Owner in terms of this agreement
In case of an emergency, please call Tel: (+9714) 2245240 / (+9714)2245226 open 24 hours.Please Note: The above terms and conditions are subject to change in accordance with UAE laws.Head Office: Tel: (+9714) 3394433, Fax: (+9714) 3394409, P.O. Box 2533, Dubai -U.A.E.E-mail: sales@drcdxb.ae / accounts@drcdxb.ae
“I have read carefully and fully understood and accept the terms and conditions of Hire as stipulated on the Rental Agreement and both sides of this sheet.  I hereby undisputedly agree to adhere to all the terms and conditions without demur or dispute and sha­­­ll pay all charges stipulated in the rental agreement and by the terms and conditions above, as demanded by the Owner of the vehicle on First Demand".

Signature:

Published on the 29Th of August ,2016