Inversiones y Turismo RPL SPA ., Chilean Tax Identification Number (Rol Único Tributario) 76.557.305-K, hereinafter referred to as “owner”, represented by Roberto Patricio Pradenas Lizama, Chilean Tax Identification Number (Rol Único Tributario) 8.443.808-1, residing in the city of Puerto Varas, 920 La Marina Street, Loteo Altue, municipal district of Puerto Varas, and the Renter, <CLIENT’S FULL NAME>, , identification number hereinafter referred to as “renter”, by signing this rental agreement do hereby agree to rent the vehicle that is specified by make and model on the front page of this document to the Renter named above. The vehicle has been handed over in perfect condition, the Renter hereby declaring to have been received the vehicle in full conformity. Furthermore, the Renter declares to have checked the brakes, lights, steering, safety mechanisms, turn-signals, brake lights, spare tires, triangles and all the elements of the vehicle for proper functioning.
TERMS AND CONDITIONS
• Definitions: The rental rate stated on the front page of this rental agreement includes the vehicle rental, the use of the equipment provided inside the vehicle and cleaning of the vehicle. It is the Renter’s responsibility to empty out the greywater and wastewater (sewage) tank, otherwise the Owner reserves the right to charge a service fee of $25,000 Chilean pesos (Twenty-five thousand Chilean pesos) for eliminating the greywater and wastewater. A written confirmation will be provided that states that the vehicle has been received by the Renter with a full tank of fuel and therefore the vehicle must be returned with a full tank of fuel, thus any differences in fuel consumption will be paid for by the Renter at drop off.
• Payments: The rental period and rental rate are stated on the front page of this rental agreement. In order to reserve the vehicle, the Renter must pay a reservation deposit of 30% of the total cost specified on the front page of this agreement by bank transfer, Credit Card, cash or with Paypal, and at the moment that the rental period begins the Renter must pay the remaining 70% of the total cost specified on the front page of this agreement by bank transfer, cash or with Paypal. Once the reservation and 30% reservation deposit towards renting the vehicle have been made, and in the event that the Renter either manifests his/her decision not to make use of the rented vehicle given the terms and conditions hereby established, under any motives and/or circumstances, or otherwise, the Renter fails to appear to pick up the rented vehicle, will result in a 100% loss of the reservation deposit, partial payment or fees that will be withheld by the Owner as compensation and lost profit.
• Security Deposit: Notwithstanding the stated rates, the Renter must leave a security deposit of 2.500 USD in order to ensure the Owner against eventual damages to the vehicle, provide equipment, accessories, or the non-compliance of the rental definitions (breach of contract), among others.
• Drivers: The rented vehicle will be used exclusively for the transportation of the Renter and his/her travel companions and must only be operated by the Renter, or under his/her exclusive responsibility, by the driver or drivers that have been listed and authorized by the Owner. Once the reservation has been processed, the Renter and the designated drivers must provide the Owner with a photocopy of their identification cards or passports, as well as a photocopy of their driver’s licenses. The Renter will be the only person responsible for the legal consequences that may arise.
• Late Drop-Off: If for any reason, unforeseeable circumstances or unavoidable casualty (force majeure), the Renter returns the vehicle at a later time than scheduled, the Renter will be charged a late drop-off fee in accordance with the daily rate stated on the front page of this agreement plus a fine of 30% of the daily rental rate for each day delayed for the extra time up to the actual return of the vehicle. In the case that the Renter does not comply with this condition, the Owner has the right to pick up the vehicle anywhere it is located, as well as the right to initiate civil and criminal proceedings for the misappropriation of the vehicle without prejudice to relevant civil proceedings for the payment of compensation for all the damages and prejudice that the Owner undergoes as a result.
• Eventual Unavailable Vehicle: If the vehicle reserved is not available due to unforeseen circumstances, the Renter has the right to a substitute vehicle, taking into account the best options. If the vehicle reserved is not available due to unforeseen circumstances and there is no substitute vehicle available, the Renter will be informed of the situation and will receive a refund of the amount paid as reservation deposit.
• Restrictions: It is expressly prohibited for the Renter to: a) allow the vehicle to be driven by any other person who is not authorized by the Renter, even if it is occasional; b) use the vehicle for other purposes aside from those stipulated, such as paid transportation, public service vehicle or for other purposes; c) sublease the vehicle; d) use the vehicle to transport heavy loads; e) drive under the influence of alcohol or in a drunken state, under the effects of drugs and narcotics; f) use the vehicle in any illegal or dangerous activities; g) tow or push other vehicles; h) take the vehicle out of the country without the Owner’s authorization; i) not carry all the documents and licenses required by the authorities; j) drive the vehicle on bumpy roads or on roads that are not clearly defined; k) place explosive or flammable materials and/or illegal substances inside the vehicle; l) use the vehicle to carry animals; m) use snow chains inappropriately.
RESPONSIBILITIES OF THE RENTER
• Vehicle Conditions: It is the Renter’s obligation, and that of the drivers authorized by the Owner, as the case may be, to: a) periodically check the engine oil level; b) periodically check the radiator coolant/antifreeze level; c) periodically check the air pressure in the tires (50 psi), and in general keep them in optimum operating conditions and use; d) always maintain the vehicle closed when away from the vehicle, safeguarding the vehicle in a closed or guarded area when it is parked.
• Vehicle Problems: Any problem related to the vehicle, including equipment failure, must be notified to the Owner within a maximum period of 24 hours so as to be able to solve the problem during the rental period. The Renter may be subject to pay compensation if this notification period is not complied with.
• Failure in the Functioning of the Vehicle: The driver must immediately inform the Owner in the case of mechanical failure or any other event that may prevent the proper functioning of the vehicle. Roadside Assistance will be sent depending on the implications involved, the time of notification, the physical location of the vehicle and the weather conditions at the moment. If the Renter is accountable for the failure, the expenses entailed in repairing the vehicle will be charged to the Renter given his/her responsibility in the event. In the case of not following the instructions, the total amount of the security deposit, as well as extra expenses will be charged if required.
• Vehicle Theft: In case of theft of the vehicle, the Renter must proceed to the nearest police station and report the theft, as well as immediately inform the Owner of the theft.
• Traffic Violations: The Renter must firmly obey all traffic laws and regulations and must pay for any fines issued as a consequence of the use of the rented vehicle in infringing traffic laws or the legal system in general, even when the fine is charged after the rental agreement has ended and the owner of the vehicle must respond to. The Renter hereby irrevocably authorizes the Owner to charge all traffic violations that have not been paid by the Renter to the Renter’s credit card. This point also includes the non-payment of toll charges through the TAG system.
• Legal Responsibility: The Owner will not be responsible for direct or indirect, expected or unexpected damages and loss, that, due to defects of the possession and use of the rented vehicle, its functioning and mobilization on public roads or for any reason, may be caused by the Renter, to any third party or to any material goods. In this respect, the Renter is obligated to be accountable for any compensations that are settled in or out of court and that must be paid due to events that are chargeable to the Renter, the third parties that the Renter authorizes to drive the rented vehicle or to any other third party even when he/she has not been authorized by the Renter. The Renter is also obliged to hire and pay for legal services that are required in order to respond to lawsuits or legal actions as a result of the Renter and as a consequence of the use and possession of the vehicle rented. The Renter is also obliged to carry on with the continuation of all proceedings that, as a result of the Renter and as a consequence of the use and possession of the vehicle rented, may be taken against the Owner, who must not reimburse the Renter regardless of the result of the lawsuit.
• Specifications: The Renter shall be responsible for all the damages caused by accidents that may affect the vehicle up to the moment of return to the Owner. All the expenses for repairs of the vehicle will be charged on the final invoice, even if the amounts charged exceed the amount of the security deposit and up to the equivalent sum of the commercial value of the vehicle. The Renter will always be the only one entirely responsible for the following concepts: a) all damages caused to the vehicle or to its accessories by the Renter or a third party past the contract period or the extension of the contract period; b) the damages caused to, or for the things owned that are found in possession of the Renter or of the people who are inside the rented vehicle, including the belongings of third parties that are transported in the rented vehicle; c) the loss of items referred to in the previous letter be it before or after the return of the vehicle; d) the damages that may be produced by infringing on any of the Renter’s obligations stated in this contract; e) extracontractual responsibility of any nature; f) damages to the vehicle and that come from the accidents committed while violating any regulations of the General Traffic by-laws and especially the following: 1) failing to comply with respecting traffic lights, yield signs, police officers, or respecting signs of prevention; 2) driving the vehicle over the speed limit or in the opposite direction; 3) overtake another vehicle in a curve, on a bridge, in a tunnel, on an overpass, overtake another vehicle either because of traffic signs or because of the General Traffic by-laws, 4) the driver not stopping after participating in an accident in the spot of the event and to help the people affected; g) expenses of transportation of the vehicle after an accident; h) thefts, robberies, partial losses; i) the destruction of tires with no accident or collision; j) damages caused by impact of any nature to the bodywork of the vehicle; k) negligent use of the vehicle or intentionally driving maliciously; l) breakdown due to lack of fuel; m) keys lost or left inside the vehicle; n) damages to the battery due to incorrect use of the battery or of any equipment that requires the use of the batteries; ñ) breakdown caused by damage caused by an accident; o) malfunctioning of the vehicle due to negligence; p) malfunctioning of the vehicle due to driving on the sand, on water or in the mud.
RESPOSIBILITIES OF THE OWNER
• Minor Damages: For minor damages, that are the result of fortuitous events or unavoidable casualty, that do not need Roadside Assistance and the vehicle is repaired in a specialized mechanics workshop, the Renter must request an estimate and send it via email or by other pertinent means of communication to the Owner in order to ask for the Owner’s authorization. Thus the amount will be subsequently discounted from the final invoice. For this purpose, the estimate must include the supporting document of the workshop (invoice) in which the vehicle must be described in detail with its respective license plate number.
• Major Damages: If the damage is the result of fortuitous events or unavoidable casualty, and it is not due to the Renter’s negligence and the damage implies that the vehicle must be in the workshop for longer than one day, or if it is an impediment to continue travelling on the road, the Renter must immediately contact the Owner and a replacement vehicle will be provided. If there are no replacement vehicles available, a Voucher will be issued to the Renter for future use for the days remaining in the rental period in which the vehicle could not be used, or a refund will be provided for the balance of the days not used of the rental period. In addition to the aforementioned options, transportation and lodging will be provided (if necessary) to the whole defined group for their return to the city of Puerto Varas.
ADDITIONAL TERMS, CONDITIONS AND SUGGESTIONS
• Recommendation: It is recommended that the Renter take out travel insurance separately.
• Security Deposit: Any violation or infraction of the restrictions that this contract makes reference to, may result in the full charge of the security deposit which was deposited for that purpose, regardless of other civil and criminal legal actions that the Owner may carry out in order to collect payment for the damages caused directly or indirectly through the inappropriate use on behalf of the Renter.
• Branding Elements Attributable to the Owner: The Owner is authorized to stick plaques and other branding elements on the vehicle that indicate that it belongs to the Owner, thus not allowing the Renter to take these elements off under any circumstances.
• Contract Reading Confirmation: The Renter declares to have read the user’s manual of the vehicle and declares to accept and have knowledge of the content in the manual.
• Forum Selection Clause (Venue): The parties establish the city of Puerto Montt, Republic of Chile, as the conventional location and are subject to its jurisdiction.