Terms
DEFINITIONS. "Agreement" means all terms and conditions found on both sides of this form, any addenda or any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this agreement, any authorized Driver and any person or organization to whom charges are billed by us on 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 Rental Agent identified on Page 1. "Authorized Driver" means you, any additional driver approved by us and listed by us on this agreement, and any other driver authorized by the law of the state where the vehicle is rented provided that person has a valid driver's license and, unless the law of this state requires otherwise, is at least twenty-one (21) years of age. "Vehicle" means the automobile identified in this agreement and any substitute and all its tires, tools, accessories, keys, equipment, keys, and vehicle documents. "Physical damage" means all damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damages to the Vehicle until it is repaired times the corresponding periodic rental rate, unless otherwise provided by law.
COMМUNICATION. Car Rental Phangan Ltd. provides the following communication channels: Facebook company profile with Messenger; WhatsApp, Telegram and Line on the phone numbers listed in the contract. The car renter is obliged to specify a communication channel with Car Rental Phangan Ltd., and in case of a change of this channel, to notify Car Rental Phangan of the changes.
RENTAL. This agreement is a contract for the rental of the Vehicle. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT REGARDING THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. 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 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.
AREA OF THE USE OF THE VEHICLES. The territory of Koh Phangan is defined as the area for using the cars of "Car Rental Phangan" Ltd. It is not allowed to leave the island for any reason or conditions. No insurance or support is provided outside of Koh Phangan. A fine of THB 20 000 is applied. Also, please, under no circumstances go off-road, and visit Bottle Beach or Wai Num areas. We won't be able to rescue you if you get stuck, and no insurance will cover damage or accidents in these areas.
FUEL POLICY. Our company offers a Full to full tank policy. If you return the vehicle to us with an incomplete tank and we need to refuel, we will collect a fee for this service THB 200 extra + the cost of the fuel.
AGE RESTRICTIONS. The driver must be at least 30 years old.
SMOKING IN THE CAR. Smoking any regular, weed and or electronic cigarettes is prohibited in our rental cars. If the vehicle smells of smoke, an additional charge will be added to remove the smell.
PASSENGER CAPACITY. It is not permitted to carry passengers in the cargo compartment of the Toyota Hilux Revo Pre-Runner, anytime.
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, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels including the brake fluid level in the master cylinder.
RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE. You are responsible for all damage to or loss of the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the Vehicle's value caused by damage to it or repair of it, missing equipment, and all administrative costs we incur due to damage to, or loss of, the Vehicle regardless of whether or not you are at fault, unless this responsibility is otherwise limited by law or covered by the car insurance.*. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the vehicle to us immediately. It is the renter's responsibility to check over the vehicle and report any damage that has not been listed on the rental agreement within the first hour of the start of your hire. Please note that we are not suggesting that you caused the damage directly, but it would appear that the damage occurred at some point during the rental period. Unfortunately, that means that you would be responsible for this damage. Unless you have any evidence to suggest this damage was pre-existing to your hire, unfortunately, we have no option but to hold you liable for the costs of the repair.
*Our cars are insured with AXA. Insurance code 120 indicates that a rental car has fully comprehensive insurance. This covers most damages to the vehicle during your rental period, but with some important exceptions:
Commercial Use: Code 120 is not valid for commercial passenger transport.
Minor damage: You will be liable for an allowance of 5,000 baht if no other party involved in the collision is represented and the damage can be repaired on Koh Phangan for less than 5,000 baht. The insurance company considers this to be negligence on the part of the driver. In addition, an administration fee of 1,000 baht may be charged in favor of the insurer.
If you purchase code 120 insurance, your financial responsibility is usually limited. Here's a breakdown:
Repairs on Koh Phangan:
Your maximum liability for light or medium damage (scratches or bent sheet metal, damaged bumpers, etc.) is 6,000 baht; Engine issues, Dead battery, Lost keys, or damage to extras (GPS, child seats), and the car's interior = Up to 30,000 baht for damages.
Repatriation for repair: If the car has serious damage and requires transportation to Surat Thani for repair, you will be responsible for the repatriation cost (which can be up to 15,000 baht) in addition to any other applicable allowance.
LIABILITY INSURANCE. Each of the company's vehicles has valid insurance. It has limited coverage under Thai regulations. Coverage does not exceed 504,000 baht for personal damage and up to 5 million for property damage. You are responsible for any damages or losses that exceed the insurance coverages.
CHARGES. You will pay us on demand for all charges due under this Agreement that are allowed by law, including, but not limited to: (1) time and usage for the period during which you keep the Vehicle; (b) charges for optional services, if you elect to purchase any; (c) applicable sales use and other taxes; (d) loss of, or damage to the Vehicle, which is included in the cost of repair of the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle's value caused by damage to it or repair to it, and our administrative fees incurred for processing the claim; (e) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle during your rental, unless these expenses are our fault; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement; (h) a 2%/month late payment fee or the highest amount allowed by law, if lower , on all amounts past due; (i) One and one half percent per month interest, or the maximum amount allowed by the law, for monies due but not paid upon return of the Vehicle; (j) Fifty dollars (US$50.00) plus US$5.00 per kilometer between the renting location and place where the vehicle is returned or abandoned, plus any additional recovery expenses we incur; (k) Twenty Five dollars (US$25.00) if the vehicle is returned heavily soiled and a deep cleaning is required.
DEPOSIT. We may use your deposit to pay any amounts owed to us under this agreement and by signing the contract you agree with this.
BREACH OF AGREEMENT. If you breach this agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law. We may terminate this contract unilaterally and repossess the vehicle in the event of wrongdoing or knowingly causing damage to the vehicle. Examples: you carry out an activity prohibited by law using our vehicle; you drive while intoxicated or under the influence of narcotics; you do not take care to protect the vehicle from causing damage to it, or you cause such damage quite deliberately;
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 or time.
MISCELLANEOUS. No waiver by us of any breach of this Agreement will constituted a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Unless prohibited by law, you release us from any liability for consequential special or punitive damages in connection with this rental or vehicle reservation. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us are merged into this agreement.
RENTAL AGREMENT VIOLATIONS. You agree to operate this vehicle properly. If any of the following acts are committed, any coverage provided to you will be voided: (a) Operation of the Vehicle by an unauthorized driver; (b) Violation of any provision of this Agreement while operating the Vehicle; (c) Driving while intoxicated or under the influence of drugs, alcohol or other substances which would impair driving ability; (d) Reckless driving of the Vehicle to include, among other things, off regularly maintained roadways, to carry hazardous or explosive substances, to carry hazardous waste of any kind, to transport weight in excess of the vehicle's maximum payload capacity, where insufficient clearance or height or width exists, improper loading; (e) Transporting more passengers than number of seat belts or transporting passengers outside of the passenger compartment; (f) Using the Vehicle to participate or act or assist in any activity that violates any law, rule, or regulation; (g) Using vehicle to carry persons or property for hire; (h) Using Vehicle to engage in an organized or any other speed contest; (f) Using Vehicle to tow or push any other vehicle, trailer or other object; (j) Operation of Vehicle by person who has used false or misleading information to obtain the Vehicle; (k) Operating the Vehicle outside Koh Phangan; (l) Leave the Vehicle and fail to remove the keys or close and lock all doors, windows, and the trunk and the vehicle is stolen.