Terms and Conditions of Motorbike Rental Agreement
1.1 The “rental period” means the period commencing with the time of the rental and ending either when the vehicle is returned as specified (whether by the renter or not). Or when the owner receives proper confirmation of theft or destruction of the vehicle, “damages” includes loss of and damage to the vehicle, its tires, tools and accessories and any costs incurred by the owner in connection with the loss or damage . “Third party damage” means all loss of or damage to third party property and any costs incurred by the owner in connection with such loss or damage.
1.2 All around Thailand, two wheels vehicle are only insured as “Third Part Insurance”. In case of accident the hirer agree to be liable to all claims in the event of any accident incurred during the use of the vehicle.
1.3 The renter agrees to indemnify the owner for all liabilities incurred by either the renter or additional driver during each rental period throughout the term of the agreement.
1.4 The renter agree to present a current (full or non-probationary)driver’s license and Valid Passport for copies to the owner prior to each rental from the owner.
1.5 The renter agrees to advise each additional driver of the terms and conditions of this agreement.
Rental process :
1.6 Vehicle rental at time of rental, renter will be met at a designated area and escorted to the vehicle where renter will be delivered agreed vehicle. At the end of the rental, the renter will return the vehicle intact to the owner at the location specified in the reservation, unless otherwise agreed to the owner. Renter will be responsible for all applicable kilometer rates and time, charges items selected on renter’s signed enrollment form, miscellaneous services, taxes and fuel charges.
Use restriction :
1.7 The vehicle will not operated by anyone;
• a)who allow more than two passengers, including driver on the vehicle to comply with safety-restrain law ;
• b)outside the kingdom of Thailand ;
• c)who leaves the vehicle and fails to remove the keys, close the locker trunk, or otherwise aids in vandalism or theft of the vehicle.
• d)when continued operation of a damaged vehicle cause further damage to the vehicle(such as driving on a flat tire or after the engine or oil lights go on); to carry hazardous or explosive substances or drive regularly out of maintained and paved roadways.
• e)to engage in any speed contest, stunt or related training activities, to carry property for hire, to push anything; to tow anything; who improperly fuels the vehicle; who improperly load the vehicle or transport weight exceeding the vehicle’s maximum capacity
• f)if the vehicle is obtained upon the basis of false or misleading information.
• g)who, as a result of reckless misconduct, damages the vehicle or cause personal injury or property damage to others.
• h)during the commission of felony or a criminal offense or for transportation of illegal drug or contraband.
• j)while intoxicated or under the influence of any substance that impairs driving ability.
• j)while driving ability is impaired, including by medical conditions, drowsiness or fatigue, or who refuse to perform any test of impairment when lawfully requested to do so as evidence of such impairment.
Vehicle loss and damage :
1.8 Renter is responsible for all loss of and damage to the vehicle regardless of fault (including but not limited to any loss or damage caused by collision, accident, theft, vandalism, fine, acts of god, or others events) and any reduction in the retail value of the vehicle that remains after repair, actual towing, storage, impound and all others related expenses, plus renter’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim. If there is no violation of a use restriction (paragraph “use restriction”).
Renter’s indemnification of owner :
1.9 Renter will indemnify and hold owner harmless from all liability, costs and expenses(including attorneys fees)for all claims which are excluded from or in excess, of the protection provided to authorized drivers by owner as described in contract, and for all claims by or against owner resulting from renter’s failure to comply with all terms and conditions of this agreement. If owner brings a claim or action against renter for recovery of amounts specified in the loss and damage section(paragraph 1.8),this renter’s indemnification of owner section (paragraph 1.9). Renter agrees to reimburse owner for its costs and expenses (including reasonable attorneys fees, litigation costs and expenses) incurred in the claim or action.
2.0 Authorized drivers will promptly complete incident report, including appropriate police accident report, and deliver to owner a copy of all related documents. Authorized drivers will also fully cooperate with owner’s investigation of any vandalism, theft, accident, claim or lawsuit involving the vehicle and with owner’s defense of any authorize driver (this obligation to cooperate does not create a duty of defense by owner).
Traffic law violations :
2.1 Renter will pay all fines and penalties for traffic law violations that occur during the rental (including parking violations), and an administrative charge to owner for responding to authorities concerning such violations.
Repairs and alterations :
2.2 Renter will not permit any repair to the vehicle, or the replacement of any part on the vehicle, without consent of owner. Renter will not tamper with the vehicle’s odometer or speedometer or otherwise alter the vehicle, renter will pay for all unauthorized repairs and replacement parts, as well as the cost of restoring any unauthorized alterations.
Failure to return vehicle :
2.3 If the vehicle is not returned when due or within 24H after written or oral demand by owner. Renter will be in unlawful possession of the vehicle, and owner may seek the insurance of a warrant for the arrest of anyone in possession of the vehicle (including renter)
Any overtime will be charged to the renter at a daily rate of 1,800 thb