MAHALO CAR SHARE LLC
VEHICLE RENTAL AGREEMENT & TERMS AND CONDITIONS
PLEASE READ BEFORE RENTING.
This Rental Agreement ("Agreement") is between Mahalo Car Share LLC ("Mahalo," "we," "us," or "Lessor") and the person identified as the primary renter ("Renter," "you," or "Lessee").
By signing electronically, checking the acceptance box, or taking possession of the vehicle, you acknowledge that you have read, understand, and agree to these terms.
1. RENTER & RENTAL INFORMATION
The reservation and rental record will identify:
Primary renter's full legal name
Date of birth
Driver's license number, issuing state/country, and expiration date
Current address
Phone number
Email address
Approved additional driver(s)
Vehicle year, make, model, color, license plate, and/or VIN
Pickup date and time
Scheduled return date and time
Pickup and return location
Rental rate and applicable taxes/fees
Insurance or third-party protection information provided by Renter
The reservation record, checkout inspection, photographs, insurance documents, and any approved extensions are incorporated into this Agreement.
2. WHO MAY DRIVE
Only the Renter and drivers specifically approved by Mahalo may operate the vehicle.
Each driver must:
Hold a valid driver's license;
Meet Mahalo's minimum age requirements;
Be legally permitted to drive in Hawaiʻi;
Comply with this Agreement; and
Be approved by Mahalo before operating the vehicle.
The Renter remains responsible for the vehicle and for the conduct of every person who operates or possesses it during the rental period, to the extent permitted by law.
Allowing an unauthorized driver to operate the vehicle is a material violation of this Agreement and may affect available insurance or third-party protection.
3. VEHICLE CONDITION AT PICKUP
The Renter is responsible for inspecting the vehicle at pickup.
Before driving away, the Renter should photograph or video:
Front, rear, and both sides of the vehicle;
Windshield and windows;
Wheels and tires;
Interior;
Fuel level;
Odometer; and
Any existing scratches, dents, stains, warning lights, or other damage.
Any pre-existing damage not already documented by Mahalo should be reported before the vehicle is driven.
Mahalo may use time-stamped photographs, videos, inspection records, telematics, repair records, and other available evidence to determine the vehicle's condition before and after the rental.
4. RENTER'S RESPONSIBILITY FOR THE VEHICLE
From the time the Renter takes possession until the vehicle is properly returned and secured at the authorized return location, the Renter is responsible for the care, custody, and control of the vehicle as provided by this Agreement and applicable law.
Subject to applicable law, the Renter may be financially responsible for loss or damage occurring during the rental period, including:
Collision damage;
Body damage;
Scratches, dents, and paint damage;
Windshield, window, mirror, and glass damage;
Tire and wheel damage;
Undercarriage damage;
Interior damage beyond normal wear;
Water or flood damage caused by prohibited or negligent use;
Theft or attempted theft;
Vandalism;
Lost or damaged keys;
Towing and recovery expenses;
Reasonable loss-of-use charges;
Repair costs;
Total-loss amounts;
Other amounts legally recoverable under Hawaiʻi law.
Normal mechanical failure and ordinary wear and tear not caused or worsened by the Renter are not the Renter's responsibility.
Amounts charged for vehicle damage, total loss, diminution in value, towing, and loss of use will be determined and limited as required by applicable Hawaiʻi law.
5. ACCIDENTS, DAMAGE, THEFT & VANDALISM
If ANY accident, collision, damage, theft, vandalism, or other incident occurs, you must notify Mahalo as soon as safely possible.
This requirement applies even if:
The accident appears minor;
No other vehicle is involved;
You believe someone else was at fault;
The vehicle appears drivable;
You have personal insurance;
You purchased RentalCover or another third-party protection product; or
Another driver agrees to pay for the damage.
The Renter must take reasonable steps to protect the vehicle from additional damage.
When appropriate, the Renter must contact police or emergency services.
The Renter must provide Mahalo with all reasonably available claim information, including:
Date, time, and location of the incident;
Description of what happened;
Photographs and/or video of the scene and vehicle;
Police report or incident number, if applicable;
Names and contact information of all drivers involved;
Driver's license information;
Vehicle license plate information;
Insurance information for other involved parties;
Witness information, if available;
Renter's personal auto insurance information;
RentalCover or other third-party protection information;
Claim number(s);
Adjuster/contact information; and
Any other documentation reasonably requested to process the claim.
Do not admit fault, promise payment on Mahalo's behalf, authorize repairs, abandon the vehicle, or arrange disposal of the vehicle without Mahalo's permission, except where emergency action is reasonably necessary to protect people or property.
6. COOPERATION WITH DAMAGE & INSURANCE CLAIMS
The Renter agrees to reasonably cooperate with Mahalo, insurers, RentalCover, claims administrators, law enforcement, repair facilities, attorneys, and other persons involved in investigating or resolving an incident.
This may include:
Completing accident or claim forms;
Providing written or recorded descriptions of the incident;
Providing requested photographs or documents;
Providing insurance and protection-plan information;
Providing police reports when available;
Responding to reasonable requests from claims representatives;
Signing reasonably necessary claim-related documents; and
Correcting incomplete or inaccurate claim information.
Failure to reasonably cooperate may affect insurance or third-party coverage and does not, by itself, eliminate obligations otherwise owed under this Agreement.
7. PERSONAL INSURANCE & THIRD-PARTY COVERAGE
If the Renter represents that personal automobile insurance, credit-card benefits, RentalCover, travel insurance, or another third-party product will cover the rental, the Renter is responsible for confirming that coverage before operating the vehicle.
Mahalo does not guarantee that any outside policy or protection product will cover a particular accident, driver, vehicle, type of damage, deductible, loss-of-use charge, towing expense, or other claim.
The Renter authorizes Mahalo to provide rental, vehicle, damage, repair, and claim documentation to the Renter's insurer or third-party protection provider as reasonably necessary to process a claim.
8. RENTALCOVER & OTHER THIRD-PARTY PROTECTION PRODUCTS
RentalCover.com and similar products are independent third-party protection providers and are not Mahalo Car Share.
Purchasing or presenting third-party coverage does not automatically release the Renter from obligations under this Agreement.
Unless applicable law or the specific coverage arrangement provides otherwise:
The Renter remains responsible to Mahalo for amounts legally owed under this Agreement.
The Renter must promptly open and cooperate with any required claim.
The Renter must provide Mahalo with the claim number and claims contact information.
The Renter must provide documents reasonably requested by Mahalo or the coverage provider.
If the provider pays Mahalo directly, the Renter will receive credit for amounts Mahalo actually receives.
If the provider reimburses the Renter instead of Mahalo, the Renter remains responsible for paying amounts properly owed to Mahalo.
A claim being "submitted," "pending," or "under review" does not by itself constitute payment.
If all or part of a claim is denied, excluded, unpaid, or exceeds available coverage, the Renter remains responsible for amounts otherwise legally owed under this Agreement.
Mahalo will not collect twice for the same loss. Any applicable recovery Mahalo receives from an insurer, responsible third party, or protection provider will be credited as required by law.
The Renter is responsible for understanding the terms, limits, exclusions, and claims procedures of any independently purchased protection product.
9. DAMAGE ASSESSMENT, INSURANCE DEDUCTIBLE & PAYMENT
Following an accident, theft, vandalism, or other damage to the vehicle, Mahalo may obtain photographs, inspections, repair estimates, appraisals, towing invoices, storage invoices, valuation reports, insurance documentation, or other reasonable documentation necessary to determine the loss.
The Renter may be responsible, to the extent permitted by Hawaiʻi law, for applicable amounts including:
Repairable Vehicle
The cost of parts and labor reasonably necessary to repair the vehicle in accordance with standard motor-vehicle repair practices in the community.
Total Loss
If the vehicle is determined to be a total loss, the Renter's liability will not exceed the amount permitted under applicable Hawaiʻi law.
Vehicle Not Repaired
Any charge for damage to a vehicle that is not repaired will be determined in accordance with applicable Hawaiʻi law.
Loss of Use
Mahalo may seek reasonable compensation for actual rental income lost while the vehicle is unavailable because of damage, subject to Hawaiʻi law.
Towing & Related Expenses
The Renter may be responsible for actual towing and other legally recoverable expenses resulting from the accident, damage, theft, or recovery of the vehicle.
$1,000 Insurance Deductible / Excess
If an accident, theft, vandalism, or other covered loss occurs during the rental period, the Renter may be responsible for Mahalo's applicable insurance deductible or excess of up to $1,000, subject to this Agreement, applicable insurance coverage, and Hawaiʻi law.
Mahalo will not require an advance damage deposit or charge the Renter for vehicle damage before such payment may legally be required.
Once the Renter's responsibility and the applicable amount have been established or agreed upon as required by law, the Renter authorizes Mahalo Car Share LLC to charge the payment method associated with the reservation for the applicable deductible/excess or other legally recoverable amount, up to $1,000.
The Renter understands that opening or having a pending claim with personal insurance, RentalCover, credit-card protection, travel insurance, or another third-party provider does not by itself satisfy the Renter's financial responsibility to Mahalo.
Insurance Payment & Refund of Deductible
If the Renter pays an applicable deductible/excess and Mahalo later receives payment from the Renter's insurance company, RentalCover, another third-party protection provider, or another responsible party that covers the same amount previously paid by the Renter, Mahalo will apply the insurance proceeds to the claim and determine whether a refund is due.
Once the applicable insurance payment has been received and cleared, the claim has been finalized, and all amounts properly owed by the Renter relating to the loss have been determined, any remaining amount previously paid by the Renter that is no longer required to satisfy the Renter's responsibility will be refunded.
Any refund due to the Renter will be issued by check from Mahalo Car Share LLC.
Mahalo will not knowingly collect or retain payment twice for the same covered loss.
If Insurance Does Not Fully Pay
If the Renter's personal insurance, RentalCover, credit-card protection, travel insurance, or other third-party provider:
Denies the claim;
Excludes the damage or loss;
Pays only part of the claim;
Fails to make payment;
Does not cover the deductible or excess;
Does not cover loss of use, towing, or another legally recoverable amount; or
Otherwise fails to satisfy amounts for which the Renter is legally responsible,
then amounts previously paid by the Renter may be applied toward the Renter's outstanding responsibility for the loss.
The Renter remains responsible for any additional legally recoverable balance after insurance payments, third-party payments, and amounts already paid by the Renter have been applied.
Other Claim Expenses
Other reasonable expenses may be charged only when authorized by this Agreement and applicable law.
Mahalo will not knowingly recover the same loss twice. Amounts recovered from responsible third parties, insurers, or protection providers will be credited against the Renter's responsibility as required by law.
Payment for disputed vehicle damage will be handled in accordance with applicable Hawaiʻi law.
10. PROHIBITED USE
The vehicle may not be:
Driven by an unauthorized driver;
Driven by anyone without a valid driver's license;
Used while the driver is impaired by alcohol, illegal drugs, or any substance that makes driving unsafe;
Used for any illegal activity;
Used for racing, speed testing, drifting, or contests;
Intentionally or recklessly abused;
Used to push or tow another vehicle unless specifically authorized;
Used to transport people or property for hire without written authorization;
Overloaded beyond the manufacturer's passenger or weight capacity;
Used with more occupants than available seat belts;
Driven through standing water, floodwater, ocean water, or other obviously unsafe conditions;
Driven off-road or on roads not reasonably intended for ordinary passenger vehicles, except ordinary graded access roads where safe and lawful;
Taken outside authorized geographic areas without permission;
Transported between islands without Mahalo's written permission;
Used after Mahalo instructs the Renter to stop operating it for a safety or mechanical reason;
Used in a deliberately reckless or negligent manner; or
Used in violation of this Agreement or applicable law.
A prohibited use may affect available insurance or third-party protection and may make the Renter responsible for resulting losses to the extent permitted by law.
11. MECHANICAL PROBLEMS & WARNING LIGHTS
If the vehicle:
Overheats;
Displays an oil-pressure warning;
Displays a serious engine warning;
Has a flat tire;
Begins smoking;
Makes severe mechanical noises;
Loses coolant;
Becomes unsafe to operate; or
Displays another warning suggesting continued driving could cause damage,
the Renter must stop in a safe location as soon as reasonably possible, turn off the vehicle when appropriate, and contact Mahalo.
The Renter must not continue driving a vehicle when doing so would reasonably be expected to cause additional damage.
The Renter may be responsible for additional damage caused by continuing to operate the vehicle after a serious warning or obvious mechanical problem.
Do not authorize repairs exceeding $100 without Mahalo's approval unless emergency action is reasonably necessary to protect people or property.
12. TIRES, WHEELS & ROADSIDE EVENTS
The Renter must promptly report flat tires, damaged wheels, broken glass, lost keys, lockouts, dead batteries, and other roadside incidents.
Responsibility for the cost will depend on the cause of the incident, this Agreement, any roadside plan purchased, and applicable law.
Damage caused by misuse, prohibited use, collision, road hazards, or negligence may be charged to the Renter where legally permitted.
13. VEHICLE RETURN
The vehicle must be returned:
To the location authorized by Mahalo;
On the date and by the time shown on the reservation;
With the keys properly returned or secured as instructed;
With all vehicle accessories present;
In substantially the same condition as received, ordinary wear excepted; and
With the required fuel level.
The rental does not end merely because the Renter parks the vehicle somewhere.
The Renter remains responsible for the vehicle until it is returned to the authorized location and secured according to Mahalo's instructions.
Late Returns
Contact Mahalo before the scheduled return time if you expect to be late.
A 30-minute grace period may be provided for communicated unforeseen delays.
After the grace period, a $40 late fee may apply where permitted by law, in addition to applicable rental charges.
Extensions must be approved by Mahalo. Keeping the vehicle beyond the authorized rental period without approval is prohibited.
Unauthorized Airport Return
Do not leave a Mahalo vehicle at an airport unless Mahalo specifically authorizes the return.
An unauthorized airport return may result in a charge of up to $250, to the extent permitted by law, for expenses and operational disruption associated with recovering the vehicle.
The Renter may also be responsible for actual parking, towing, storage, recovery, or other legally recoverable costs resulting from an unauthorized return.
14. FUEL
The fuel level will be recorded at the beginning of the rental.
The vehicle should be returned with the same fuel level as received.
If additional fuel is required after return, Mahalo may charge the Renter for refueling only as permitted by applicable Hawaiʻi law.
The Renter should retain the final fuel receipt and photograph the fuel gauge at return.
15. CLEANING
Normal use is expected.
Additional cleaning charges may apply when the vehicle requires cleaning substantially beyond ordinary turnover cleaning because of conditions such as:
Excessive sand, mud, dirt, or debris;
Spilled food or beverages;
Stains;
Pet hair not disclosed or approved;
Excessive trash;
Vomit or bodily fluids; or
Other excessive cleaning conditions.
Ordinary cleaning will not result in an additional cleaning charge.
A general excessive-cleaning charge may be up to $50, unless specialized cleaning or remediation is reasonably necessary and a different charge is disclosed and permitted by law.
16. NO SMOKING OR VAPING
Smoking and vaping are prohibited inside the vehicle.
This includes cigarettes, cigars, marijuana, vaping products, and similar products.
Evidence of smoking, including smoke odor, ash, burns, or residue, may result in a cleaning/remediation charge of up to $250, where permitted by law.
The Renter may also be responsible for actual physical damage caused by smoking.
17. KEYS
The Renter is responsible for safeguarding all keys and key fobs.
If a key is lost, damaged, or not returned, the Renter may be charged the reasonable replacement and programming cost.
Estimated replacement amounts may include:
Standard key: approximately $150
Electronic key/fob: approximately $250
Smart key: approximately $350
Actual costs may vary by vehicle.
Additional roadside, locksmith, towing, delivery, or after-hours assistance charges may apply where requested and legally permitted.
18. TRAFFIC, PARKING & TOLL VIOLATIONS
The Renter is responsible for traffic, parking, toll, camera, and similar violations attributable to the rental period, except where prohibited by law.
The Renter is encouraged to pay citations directly to the appropriate court or government agency whenever possible.
If Mahalo is required to research, process, transfer, respond to, or pay a violation on the Renter's behalf, the Renter may be charged:
The actual citation, fine, toll, penalty, or government charge; plus
An administrative amount permitted under applicable Hawaiʻi law and supported as required by law.
19. PERSONAL PROPERTY
Mahalo is not responsible for personal property left inside or attached to the vehicle except to the extent responsibility cannot legally be excluded.
The Renter should inspect the vehicle carefully before returning it.
20. PAYMENT AUTHORIZATION
The Renter authorizes Mahalo to charge the payment method provided for amounts that become due under the reservation and this Agreement, to the extent permitted by law.
These may include:
Rental charges;
Approved extensions;
Applicable taxes;
Late charges;
Cleaning/remediation charges;
Missing-key charges;
Fuel charges permitted by law;
Parking/toll/traffic amounts;
Towing or recovery charges;
Damage amounts after liability and cost have been established as required by applicable law; and
Other amounts specifically authorized by this Agreement and applicable law.
Mahalo will provide supporting information for material post-rental charges upon reasonable request.
21. CANCELLATIONS
Unless a different cancellation policy is specifically disclosed with the reservation:
48 Hours or More Before Pickup:
Eligible amount may be issued as future Mahalo rental credit/promo code..
No-Show / No Notice:
No refund or credit is required.
After Rental Begins:
Unused rental time is non-refundable unless Mahalo agrees otherwise.
Any specific cancellation terms displayed during booking become part of this Agreement.
22. INSURANCE
Mahalo maintains insurance on its vehicles as required by applicable Hawaiʻi law.
The existence of Mahalo's vehicle insurance does not necessarily eliminate the Renter's contractual or legal responsibility for vehicle damage or other losses.
The application, priority, limits, exclusions, and availability of insurance depend on applicable law, policy terms, the circumstances of the incident, and the Renter's own insurance or third-party protection.
The Renter agrees to provide accurate insurance information when requested.
23. FALSE OR INACCURATE INFORMATION
The Renter must provide truthful and accurate information concerning:
Identity;
Driver's license status;
Approved drivers;
Insurance;
Third-party protection;
Accident circumstances;
Police reports;
Vehicle location; and
Claim information.
Material fraud or intentional misrepresentation may constitute a breach of this Agreement and may affect insurance or third-party coverage.
24. FAILURE TO RETURN / ABANDONMENT
The Renter may not abandon the vehicle or intentionally keep it beyond the authorized rental period.
If the vehicle is not returned and Mahalo cannot reasonably contact the Renter, Mahalo may take lawful steps to locate and recover the vehicle, including contacting law enforcement where appropriate.
The Renter may be responsible for legally recoverable costs resulting from unauthorized possession, abandonment, or recovery.
25. COMMUNICATION
The Renter agrees that Mahalo may contact the Renter regarding the reservation, vehicle, safety issues, accidents, claims, unpaid amounts, extensions, or return instructions using the phone number, text number, or email address provided.
The Renter must keep contact information current during the rental.
26. GOVERNING LAW
This Agreement is governed by the laws of the State of Hawaiʻi.
Any provision that conflicts with mandatory Hawaiʻi law will be interpreted or limited to comply with applicable law without invalidating the remainder of the Agreement where legally permitted.
27. ENTIRE AGREEMENT
This Agreement, together with the reservation record, rate disclosures, checkout/return records, approved extensions, vehicle-condition documentation, and other documents expressly incorporated into the rental, represents the agreement between Mahalo and the Renter.
Any modification must be approved by Mahalo.
28. IMPORTANT RENTER ACKNOWLEDGMENTS
By accepting this Agreement, I acknowledge and agree that:
I have read and understand this Rental Agreement.
I have inspected the vehicle or had an opportunity to inspect it and report existing damage.
I understand that I may be responsible for damage to or loss of the rental vehicle as permitted by law.
I understand that purchasing or providing RentalCover, credit-card protection, personal insurance, travel insurance, or another third-party protection product does not automatically release me from my obligations to Mahalo.
I agree to immediately report accidents, theft, vandalism, or significant vehicle damage and to reasonably cooperate with the claim process.
I understand that if my insurer or third-party protection provider denies or does not fully pay a claim, I remain responsible for amounts I otherwise legally owe under this Agreement.
I understand that Mahalo will credit applicable amounts recovered from insurers or third parties and will not knowingly collect twice for the same loss.
I understand that only approved drivers may operate the vehicle.
I authorize Mahalo to contact my insurer or third-party protection provider and provide reasonably necessary rental and claim documentation for purposes of processing a claim.
29. ONLINE BOOKING & ELECTRONIC SIGNATURE
By completing an online reservation with Mahalo Car Share LLC, submitting payment, and/or selecting a checkbox or button indicating acceptance of these Terms and Conditions, the Renter acknowledges and agrees that such action constitutes the Renter's electronic signature and acceptance of this Rental Agreement.
The Renter understands and agrees that:
Completing the online booking process constitutes acceptance of this entire Rental Agreement and its Terms and Conditions.
The Renter's electronic acceptance has the same intent and effect as signing this Agreement electronically or by hand, to the extent permitted by applicable law.
The reservation information submitted during checkout, including the Renter's name, contact information, driver's license information, payment information, reservation date and time, and vehicle information, may be associated with the Renter's acceptance of this Agreement.
The Renter is responsible for reviewing this Agreement before completing the reservation.
By proceeding with checkout after being provided access to these Terms and Conditions, the Renter confirms that they have had an opportunity to read and review them.
If the Renter does not agree to these Terms and Conditions, the Renter must not complete the reservation or take possession of the vehicle.
ELECTRONIC ACCEPTANCE
By checking the acceptance box and completing my reservation, I acknowledge that I have read, understand, and agree to the Mahalo Car Share LLC Rental Agreement and Terms and Conditions. I understand that my online acceptance constitutes my electronic signature and agreement to be legally bound by these terms to the extent permitted by applicable law.
☐ I have read and agree to the Mahalo Car Share LLC Rental Agreement and Terms and Conditions and consent to use my electronic acceptance as my signature.