RENTAL AGREEMENT & RENTER COLLISION PROTocol

PLEASE READ THIS PROVISION CAREFULLY.

THE RENTAL AGREEMENT

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" (AAD) 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.  Courtesy 2ND DRIVER, Additional fees apply @ $15.00 dollars per day per driver above 2nd 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. 

3. RESERVATION, Renter agrees to the following once reservation is made:

(1) Renter shall email, text or mail required documentation such as copies of driver's license and insurance documents for all drivers on contract prior to vehicle pick up or provide hard copy documents on arrival. If documentation is not provided upon delivery of vehicle, Renter will forfeit the right to the vehicle until such documents are provided and no refund will be provided for any loss of days.

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, onto unsafe or unpaved roads.

(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 Elite Kaua'i Car Rental on or before return date to the agreed upon location or Elite Kaua'i Car Rental'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, Elite Kaua'i Car Rental 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 remove all personal applications or delete the Vehicle from the application.

                                               RENTER'S COLLISION PROTECTION

                                                        COVERAGE LIMIT $20,000

                                    PLEASE READ THIS DOCUMENT CAREFULLY

                                  RENTER'S COLLISION PROTECTION COVERAGE

                                                                Underwritten by

                                             National Interstate Insurance Company

                                                            3250 Interstate Drive

                                                            Richfield, OH 44286

This document describes the benefits and basic provisions of the agreement. Read it with care. This is only a brief description of the benefits available under the Agreement. The Agreement contains reductions, limitations, exclusions, and termination provisions. Full details of the benefits are contained in the Agreement. If there are any conflicts between this document and the Agreement, the Policy shall govern. 

DEFINITIONS

Diminished Value means the actual or perceived reduction in market or resale value that results from a loss.

Exotic Vehicles(s) includes Alfa Romeo, Aston Martin, Auburn, Avanti, Bentley, Bertone, BMC/Leyland, BMW M Series, Bradley, Bricklin, Cosworth, Citroen, Clenet, De Lorean, Excalibre, Ferrari, Fiat, Iso, Jaguar, Jense, Jensen Healy, Lamborghini, Lancia, Lotus, Maserati, MG, Morgan, Opel, Pantera, Panther, Pininfarina, Rolls Royce, Stutz, Sterling, Triumph, TVR, Corvette, Dodge Viper, Tesla, SCC Ultimate Aero, Bugatti Veyron, Koenigsegg CCX, McLaren F1, Pagani Xonda, Maybach, and Yugo.

Renter means a person who:

A. is a member of an eligible class of persons as described in the Classification of Eligible Persons section of the Participating Organization Application.

B. completes any required enrollment from,

C. for whom renumeration has been paid, and

D. while covered under this Agreement. 

Rental Return Date means the return date listed on the car rental agreement.

Additional Renter means persons who are authorized drivers and listed on the car rental agreement.

Rental Period means a period of travel; the Rental period has defined departure and return dates specified when the benefit applies; the Rental period does not exceed 28 days.

Participating Organization means an organization:

A. which elects to offer this benefit under the Agreement by completing Participation Organization Application that has been accepted by the Company,

B. which remits the required remuneration when due, and

C. while benefits through the Participating Organization is available under the Agreement.

EFFECTIVE DATE

Benefits will take effect on the date the rental agreement has been signed (Rental Start Date), provided the required remuneration has been paid on (or before), the rental agreement has been signed.

TERMINATION DATE

A Renter's coverage will end when the car is returned on or before the Rental Return Date or at 11:59pm on the Rental Return Date. If the car is not returned as specified on the rental agreement and the rental period has not been extended by the Renter.

The Company will pay this benefit up to a maximum of $20,000 subject to a $250 deductible.  benefits do not apply in states where the sale of this Agreement is prohibited by law.  If the Renter rents a car from Elite Kaua'i Car Rental and the car is damaged due to collision, vandalism, windstorm, fire, hail or flood while in his/her possession, The Company will indemnify the Renter for damages sustained by the Participating Organization (E.K.CAR) in accordance with the Participating Organization Addendum. Coverage is provided to the Renter and Additional Renter providing the Renter and the Additional Renter are licensed drivers and are listed on the rental agreement.  THIS BENEFIT IS PRIMARY TO OTHER FORMS OF INSURANCE OR INDEMNITY.

EXCLUSIONS:

Coverage is not provided, in whole or in part, of any loss due to:

1. War or act of war, whether declared or not, civil commotion, insurrection or riot.

2. Participation in contests of speed, motor sport or motor racing including training or practice for the same.

3. Any unlawful acts committed by the Renter, Immediate Family Member, or Additional Renter whether benefits are provided or not.

4. Suicide, attempted suicide, or intentionally self-inflicted injury (or any attempt at intentionally self-inflicted injury), by the Renter, Immediate Family Member, Additional Renter or Business Partner.

5. Military duty or service.

6. Alcohol or substance abuse (or treatment for the same).

7. A rental for which the rental agreement does not contain specific dates of return.

8. Any government or regulation.

9. Injury sustained while committing or attempting to commit a crime.

10. Driving under the influence of alcohol.

11. Being under the influence of drugs or intoxicants.

12. Any obligation the Renter or Additional Renter assumes under any agreement.

13. Rental of campers, trailers, all-terrain vehicles, dune buggies, motor bikes, motorcycles, recreational vehicles, exotic vehicles, trucks requiring a CDL license.

14. Any loss which occurs if the Renter or Additional Renter is in violation of the rental agreement.

15. Failure to report the loss to the proper local authorities and the rental car company.

16. Damage to any other vehicle, structure or person as a result of a covered loss.

17. Injury of anyone or damage to anything inside or outside the rental vehicle.

18. Loss or theft of personal belongings.

19. Depreciation of the rental vehicle caused by loss or damage including (but not limited to), diminished value, wear and tear, gradual deterioration, mechanical breakdown, items not installed by the original manufacturer or bodily injury.

IN THE EVENT OF A LOSS: The Renter must: 

1. Take all reasonable, necessary steps to protect the vehicle and prevent further damage to it.

2. Report the loss to the appropriate local authorities and the rental company as soon as possible.

3. Obtain all information on any other party involved in an accident such as name, address, insurance information, and driver's license number.

4. Provide The Company all documentation such as the rental agreement, police report and damage estimate.

PAYMENT OF CLAIMS

Claim Procedures:  Notice of Claim

1) The Renter must FIRST call Corporate Claims Service at 267-332-0814, x119 or x115 as soon as reasonably possible and inform of a loss under Renter's Collision Protection. Supply the name of the rental agency, its address, the rental agreement, and the police incident or accident report.

2) Corporate Claims Service will fill in the claim form and forward it to the Renter for his or her review and signature. The completed form should be returned to Corporate Claims Service, One Greenwood Square, 3333 Street Road, Ste. 305, Bensalem, PA 19020.  Fax: 267-332-0841 Claims can be emailed to claims@corporateclaims.net.

Claims Procedures:  Proof of Loss:  The claim forms must be sent back to Corporate Claims Service no more than 90 days after a covered loss occurs or ends (or as soon after that as is reasonably possible).  All claims under the policy must be submitted no later than one year after the date of loss or as reasonably possible. 

If Corporate Claims Service has not provided claim forms within 15 days after the notice of claim, other proofs of loss should be sent to Corporate Claims Service by the date claim forms would be due. The proof of loss should include written proof of the occurrence, type and amount of loss, the Renter's name, and the rental car company.

Concealment or Fraud - The Company does not provide coverage for the Renter if the Renter has intentionally concealed or misrepresented any material fact (or circumstances), relating to the rental agreement or claim.

Legal Actions - No one may sue for benefit less than 60 days after due proof of loss is submitted nor more than 3 years (or the minimum period of time permitted by state law, if greater), after the date claim forms are due.

Payment - Benefits under the Agreement are not effective unless all payments due have be paid prior to signing the rental agreement.

Termination of the Policy - Termination of the Agreement will not affect a claim for loss which occurs while the Agreement is in force.

                                      WHAT TO DO IN THE CASE OF AN ACCIDENT

a.   If possible, call the rental car company immediately.

b.   Call the Police immediately as you must have a police report for proof of loss.

c.   If the damage occurs on private property, and the Police do not come to the occurrence, you must immediately go to the nearest Police Station and make a police/incident report (write down a description of what happened, any witnesses' names and numbers). 

Terms and Conditions updated October 30, 2024.