RENTAL AGREEMENT/CONTRACT

PLEASE READ THIS PROVISION CAREFULLY.

THE RENTAL AGREEMENT/CONTRACT

These Rental Terms and Conditions, the Rental Agreement and any form you receive when you are given access to the car you are renting (the "Rental Contract/ Agreement"), any additional agreement signed by you, any documents signed by you (or links to on-line documents or Agreements), sent to you electronically in connection with your Vehicle), the Privacy Notice, and the return or record (the "Rental Receipt"), with computed rental charges together constitute the "Rental Agreement" between yourself and Owner, also known as E.K. CAR or Elite Kauai Car Rental, Inc.

1. DEFINITIONS

a. "ADDITIONAL ADDED DRIVERs" means any person in addition to the Renter who is permitted by Owner to operate Vehicle.  Includes Renter's spouse or domestic partner (same or opposite sex), who meets the minimum rental age and holds a valid license.  Additional fees apply $10 dollars/day per driver.

b. "ACCESSORIES" means but is not limited to optional child seats, non-pre-installed global positioning systems and similar products and services accepted by Renters.

c. "OWNER" for the purposes of content and contract means the Owner as identified on this site, Elite Kauai Car Rental, Inc. (also known as E.K CAR).

d. "RENTAL PERIOD" means the period between the time Renter takes possession of the Vehicle until Vehicle is returned and checked in by Owner.

e. "RENTER" means the person, or entity taking possession of the Vehicle.

f. "VEHICLE" means the original vehicle or any replacement vehicle(s), inclusive of vehicle equipped and furnished by the manufacturer and any equipment added by Owner.

2.  OWNERSHIP/VEHICLE CONDITION/WARRANTY EXCLUSION. Renter acknowledges that Vehicles and any Additional Equipment or Accessories is, by definition, Ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party.  Renter agrees Renter received Vehicle and Accessories in good physical and mechanical condition.  RENTER IS RENTING VEHICLE AND ACCESSORIES "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY ADDITIONAL ACCESSORIES AND ITS OPERATION BEFORE LEAVING PREMISES. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESSED AND IMPLIED, WITH RESPECT TO THE VEHICLE.  Renter agrees not to alter or tamper with Vehicle or any Accessories if Renter(s) or determine Vehicle or Accessories are considered unsafe.  Renter or Additional Driver(s) shall stop operating Vehicle and any Accessories and notify Owner immediately. 

4.  PROHIBITED USE AND TERMINATION OF RIGHTS TO USE.  Renter agrees to the following limitation on use: 

(1) Vehicle shall not be driven by any persons other than Renter or AAD(s)

(2) Vehicle shall not be used for: transporting persons for hire; as a school bus; or for driver training or testing. 

(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS: (a) Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and (b) Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations

(4) Vehicle shall not be used for:  any illegal purposes; in any illegal, fraudulent, or reckless manner; in a race

(5) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside the passenger compartment

(6) Renter shall not remove any seats from Vehicle

(7) Vehicle shall not be driven by any person impaired by or under the influence of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription 

(8) Vehicle will not be loaded in excess of Vehicle's Gross Vehicle Weight Rating which is, weight of vehicle plus weight of load, as indicated on the driver side door jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer's specifications and/or guidelines

(9) Vehicle shall not be driven onto any Kaua'i beaches.

(10) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver's license; who's driver's license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle

(11) Vehicle will not be used to test its technological components or capabilities.

(12) Renter cannot sleep overnight in any vehicles.

b. Renter agrees to return Vehicle and any Accessories to E.K.CAR on or before return date to the agreed upon location or E.K.CAR's demand and in same condition as was received, normal wear involved.

c. In the event of any violation of the limits on use under this contract, E.K.CAR automatically, without any further notice to Renter or AAD's, terminates their right to use Vehicle and E.K.CAR retains any other rights provided by law.  Owner has the right to seize Vehicle without legal process or notice to Renter or AAD's. Renter or AAD's hereby waive all claims for damages connected with such seizure and shall pay all expenses incurred by Owner in returning Vehicle to the original office. 

d. Any Vehicle extensions will be at the Owner's option and are subject to availability.  Owner may repossess the Vehicle without demand, at Renter's expense, if the Vehicle is found illegally parked, apparently abandoned, or used in violation of law or of the contract.  Renter's failure to return the Vehicle when specified or to properly obtain an extension of the rental may result in the Vehicle being reported stolen, possibly subjecting Renter and any other driver to arrest and civil and/or criminal penalties. 

8.  PERSONAL PROPERTY. Owner (Elite Kauai Car Rental, Inc. is not responsible for any damage to, loss or theft of, any personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence.  Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner's premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, damages, claims, injuries, costs and attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter's or Renter's passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter's passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter's possession. 

9.  POWER OF ATTORNEY.  Renter hereby grants and appoints to Owner a Limited Power of Attorney:

a. to present insurance claims of any type to Renter's Insurance carrier and/or credit card company if:

(i) Vehicle or any Accessory is damaged, lost or stolen during the Rental Period and if Renter fails to pay damages; or

(ii) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

b. to endorse Renter's name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.

10.   SEVERABILITY. If any provision of the contract is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.

11. PERSONAL INFORMATION; RENTER'S USE OF VEHICLE'S NAVIGATION INFOTAINMENT SYSTEMS AND VEHICLE MANUFACTURING APPS. 

A.  Customer Privacy: Renter understands and agrees to the collection, use, disclosure and storage of personal information by Owner for the purposes of: (i) providing assistance with reserving, renting, purchasing and leasing vehicles; (ii) providing roadside assistance, emergency and other services; (iii) providing Renter by mail, email and other electronic messages with discounts, coupons, offers and information that may be of interest (v) obtaining Renter's feedback on satisfaction with Owner's services by contacting Renter by email, mobile phone or other phone number provided on the credit card authorization form and contract. 

B. Telematics Data:  Renter acknowledges that Vehicle may be equipped with pre-installed event data recorders, global positioning devices, OnStar and other communications systems that may be connected to the Internet or cellular services, or other similar technology. 

C. Renter's Use of Vehicle's Navigation and Infotainment Systems and Vehicle Manufacturer Apps:

1. If Renter, AAD(s) or any passenger pairs a mobile device with the Vehicle's navigations or infotainment systems and chooses to use OnStar, Apple CarPlay, Android Auto or other similar third-party software or services on the Vehicle, personal information and other data may be transferred from the mobile device to and stored on these systems. Owner cannot guarantee the privacy or confidentiality of such information.  It is Renter's sole responsibility to delete all such personal information and other data from these systems before returning Vehicle to avoid subsequent occupants for Vehicle accessing this information. 

Owner is not in any way responsible for, and Renter releases Owner from, any claim or cause of action which may arise from Renter's use of these applications.  Prior to returning the Vehicle, it is Renter's responsibility to either remove all personal applications or delete the Vehicle from the application.

Terms and Conditions updated August 9, 2023.