• Mahalo Car Share LLC. Rental Agreement

    ACCEPTANCE OF TERMS AND CONDITIONS

    By selecting the check mark provided herein, you acknowledge and agree to be bound by the terms and conditions outlined in this Rental Agreement ("Agreement"). Please read this Agreement carefully before proceeding with the rental.

    PROHIBITED USE OF THE VEHICLE: Vehicle will not be used or operated by anyone:

    • A- who is under 18 years of age

    • B- who is not listed as an additional driver on the rental agreement

    • C- to carry persons or property for hire.

    • D- in any street race, or similar type contest or activity

    • E- in a careless or negligent manner

    • F- under the influence of alcohol or narcotics

    • G- For any illegal purpose or to commit a crime

    • H- If vehicle is obtained from leaser by fraud or misrepresentation

    • I- Other than on paved roads, or graded private roads or driveways

    • J- Who loads vehicle beyond its rated capacity

    • K- Who allows more passengers than the vehicle has seat belts for, or is designed to carry.

      PROHIBITED USED OF THE VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE, MAKES LESSEE RESPONSIBLE FOR ALL LOSS OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OR CAUSE, INCLUDING BUT NOT LIMITED TO LESSOR’S EXPENSES, INCLUDING LOSS OF USE.

    • VEHICLE RETURN: It is very important that you contact Mahalo Car Share before your drop off time/date to make arrangements. Please avoid unauthorized airport drop offs or will result in a fee of $250. It is very important that we know the exact time of your departure and drop off. If the car is left at the airport without authorization you could be held liable for the full value of the car. Never leave the car unlocked.

    • There is a half an hour grace period on return of vehicle if you communicate prior to your time that you will be late due to unseen traffic due to road work or accident, these doesn’t mean you have extra 30 mins to each rental. After that, you will be charged an an additional fee of $40 for late vehicle Inconvenience.

    • Please note that late rentals interrupt flow of system and can interfere with the next customer rental, to make Mahalo Car Sharing services work we need your assistance in being punctual and communicating delays so we can continue to provide timely rentals.

    • CLEANING: Car to be returned clean and ready to rent. If returned dirty a cleaning fee of $50 will be assessed, dependent on level of cleaning required.

    • FUEL: Car will be delivered full and should be returned full. If car is not returned full, you will be charged the cost of filling the tank plus a $20 administration fee. If car was received with a lower fuel level please email us a photo of fuel level to hold previous renter responsible.

    • NO SMOKING IN ANY OF OUR VEHICLES. If your vehicle is found to have smoke odor or ash residue, a $250 cleaning fee will be assessed.

    • FLAT TIRES caused by road hazards and battery problems are the renter’s responsibility.

    • BASIC MAINTENANCE: Renter is responsible to maintain oil and water levels in vehicle engine. If engine fails due to non-maintenance of vehicle fluid levels the renter will be liable for repairs (applies only to rentals over 30 days) (maximum $1,000).

    • MECHANICAL FAILURE: If vehicle overheats, renter must immediately turn it off and contact Mahalo Car Share. Failure to do so will make customer fully liable for repair costs.

    • PARKING AND TRAFFIC VIOLATIONS are the renter’s responsibility. We encourage you to pay any fines immediately. If you default, we will pay the ticket and you will be charged the full value of the fine plus $50 handling charge.

    • LOST KEY/KEYS LOCKED IN CAR - If renter has not paid Roadside Assistance, assistance is available for the following fees:

    • $100-$200 varies on location. Outside normal working hours cost is 1.5x extra. Regular keys $150, Lost electronic keys cost $250 to replace. Smart Keys $350.

    • BROKEN GLASS- unless caused by an accident with another vehicle at fault, is the responsibility of the renter.

    • PAYMENT & CANCELLATION :Payment is due prior in order to reserve and contract is binding at time of reservation. Cancellations are permitted and can be fully refunded with a charge fee reduction of 5%, if done prior to 48 hours before reservation begins. cancellation fees will be assessed:

      • Less than 48 hrs Notice: 50 percent cancellation fee.

      • No notice: Full payment cancellation fee.

      • Once rental begins, no refunds will be made, except for repeated mechanical failure.

    • RENTAL CHARGES: I will pay for the length of time I rent the car at the rate indicated on the rental document. Daily charges apply to consecutive 16 hours periods starting at the hour and minute the rental begins. I will pay all rental charges, taxes and surcharges. Overtime will incur in extra charges

    • DAMAGE OF LOSS OF CAR: I understand and agree that if there is damage or loss to the car, I owe for all loss or damage to the car regardless of fault (unless the renters liability for ordinary negligence is prohibited by law) whether due to theft, collision, vandalism or any other cause except accidental fire, explosion or natural causes. If the car is stolen or damaged, I will pay its retail fair market value before theft or damage less salvage unless Mahalo Car Share repair cost plus the diminution of the car value after repairs is less and you are not required by law to salvage the car, in which case I will pay the latter amount. I will also pay loss of use based on reasonable downtime or as specified by law, plus a towing and storage charges, all of which are also part of the loss. I’m responsible of the loss if I or an additional driver authorized or not: (1) abuse the car or violate prohibited use or operation; (2) drive recklessly or while under the influence of alcohol or controlled substance; (3) fail to promptly report an accident to police and Mahalo Car Share (4) fail to complete an accident report; (5) obtained the car through fraud or misrepresentation; and (6) use the car for an illegal purpose. If my responsibility for the loss or damage is covered by my own insurance or my credit card issuer, I’ll identify my issuer and policy number or card issuer and its insurer, I authorize you to collect the loss from a third party responsible for the car. You’ll refund any sum above this loss.

    • INSURANCE: All vehicles come with 3rd party liability insurance up to the minimum requirements for Hawaii law as standard, there is no extra insurance charge on arrival. US customers agree to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a.Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured / underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because US customers are providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide 3rd party insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only and is secondary to any other valid and collectable insurance whether it is primary, secondary, excess, or contingent. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States. Where permitted by law, customer rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage. Any Insurance claims are subject to an excess of up to $1,000.

    • FINES & EXPENSES: I’ll pay all fines, court costs and recovery expenses for parking, traffic and other violations, including towing, storage, liens and charges, including a reasonable $30 administrative fee for any violation occurring during my rental of the car.

    • Renters that use Debit Cards in the rental agreement will have an automatic security deposit placed on their card.This contract is subject to final audit and charges by owner. Only persons listed on the agreement or otherwise authorized by law and above may drive this vehicle. You are responsible for all collision damage to the vehicle even if someone else causes it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle. You must return the vehicle to the return location, on or before the indicated due back time, There will be additional fees if the vehicle is not returned as specified. Where permitted by law, you authorize us to process a credit card voucher (if applicable) in your name for all charges, including the full vehicle value of any vehicle not returned to us, all fines, towing, backing expenses, court costs, penalties, forfeitures or administrative fees that we incur for parking, traffic and other violations incurred by you during the rental period and to apply payments towards the charges in whatever order we deem necessary. Your receipt of this vehicle under these terms is considered a signature made on the applicable credit card voucher. Renter understands that renter’s car insurance and other applicable insurance coverage shall be primary, and subject to Hawaii law, Mahalo Car Share LLC, liability insurance is secondary. These terms and conditions, the rental agreement acknowledged as read by me, and a return record with computed charges, together constitute the rental agreement between myself and Mahalo Car Share LLC. I rent from you, the car described in this rental document and I agree to the terms below, provided any such terms is not prohibited by Hawaii state law, in which case such law controls. “I”, “me” and “my” refer to the person who signs this agreement. “You” and “your” refer to Mahalo Car Share LLC. Any changes in this agreement must be in writing and signed by both parties. 12). When I’ll return the car. I’ll return the car on the date noted on the rental agreement. I’ll return it sooner on your demand.

    • GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Jurisdiction, and any disputes arising out of or in connection with this Agreement shall be resolved in accordance with the laws of the jurisdiction. By clicking the check mark, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Rental Agreement. If you do not agree with any part of this Agreement, do not proceed with the rental process. Mahalo!

    ACCEPTED BY RENTER