Terms and Conditions of Rental Agreement between us (ANSA Rentals Guyana) and you the Customer
1. Your Contract with Us
By signing the rental agreement you are accepting our Terms and Conditions of business. Please read them carefully. If there is anything you do not understand please ask any member of staff at the place you rented your vehicle. If during your rental or on return you have any queries or complaints referring to the rental you must notify the rental location of your query prior to ending the rental agreement. If, for any reason, the rental location cannot address your query and resolve it, please write to our customer service centre within 45 days. ANSA Rentals Guyana cannot accept liability unless this procedure is adhered to.
2. Rental Period
You will have the vehicle for the rental period shown in the rental agreement. If you wish to extend the agreement you must contact ANSA Rentals Guyana with your request. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We can charge you for every additional day you have the vehicle after you should have returned it to us. Until we get the vehicle back, we will charge you a daily rate available at the place you have rented the vehicle, which may vary from the rates shown on the rental agreement. (In breaking the conditions of this agreement we may authorise additional funds on your credit card.)
We operate a 30 day changeover for our daily rental business and may require you to exchange the vehicle. We will contact you if this is required.
3. Your Responsibilities
- You must look after the vehicle, its accessories and the keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted to or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel, check fluid levels daily and adjust tyre pressures appropriately.
- You are responsible for driving safely and in accordance with the Highway Code.
- For the duration of the rental agreement, you will be liable, as the “owner” of the vehicle, for any fixed penalty offence or parking penalty for the vehicle under or pursuant to the Road Traffic Act or other road traffic laws, regulations or bye-laws. In addition, you must immediately upon request provide to us and any law enforcement bodies full, accurate and up-to-date information required in relation to you and the driver (including without limitation details about the driver’s identity) relating to the use of the vehicle during the period of the rental agreement and we rely on you to fully comply with that obligation to provide information. For the purpose of this paragraph only, the rental agreement is deemed to remain in operation until the vehicle has been returned to us.
- You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges or low branches and for damage caused by off road or beach use or flood. You must not modify the vehicle in any way. No roof or bike racks are permitted.
- You must not sell, rent or dispose of the vehicle or any of its parts. You must not try to give anyone any legal rights over the vehicle.
For safety reasons, you must not under any circumstances top up any of the following levels: Brake, clutch, transmission fluid or engine coolant. If a warning light appears on the dashboard, or you see low levels, then you must contact us immediately to arrange for assistance or a changeover of the vehicle.
- You must not let anyone work on the vehicle without our written permission. If we do give you permission, we will only give you a refund if you have a receipt for the cost of the work.
- You must let us know as soon as you become aware of a fault with the vehicle.
- You must bring the vehicle back to the place we agreed, during our normal office hours. One of our staff must see the vehicle to check that it is in good condition. If you are unavailable to check the vehicle condition or if we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is inspected by a member of staff.
- You will have to pay for reasonable costs of repair if:
- we incur any costs to return the vehicle to the condition it was in when the pre-rental inspection was carried out (for example if extra valeting time or repairs, materials or equipment are needed to restore the vehicle to its pre-rental condition) or
- the inside of the vehicle has been damaged.
- Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.
- You must adhere to any instruction in the vehicle relating to the maximum mileage the vehicle can be driven.
4. Our Responsibilities
We have maintained the vehicle to at least the manufacturer’s recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Also, if you are not renting the vehicle for business purposes, we are responsible for loss caused by:
- the vehicle not matching our description of it.
- the vehicle not being of the quality that you would be entitled to expect from a rental vehicle.
- the vehicle not being fit to drive.
- us not having the legal right to rent out the vehicle.
We are responsible if someone is injured or dies as a result of our negligent action or failure to act. We are also responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
5. Property
We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of contract on our part.
6. Conditions For Using The Vehicle
The vehicle must only be driven by you, by any other driver named on the rental agreement or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence.
You and any other authorised driver must not:
- use the vehicle for hire or reward.
- use the vehicle for any illegal purpose.
- use the vehicle for racing, pacemaking, testing the vehicle’s reliability and speed or teaching someone to drive.
- use the vehicle while under the influence of alcohol or drugs.
- drive the vehicle outside Approved Guyana boundaries, unless we have given you written permission.
- load the vehicle beyond the manufacturer’s maximum weight recommendations. You must make sure that the load is secured safely.
- if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator’s licence unless you have one.
- exceed the total number of passengers permitted in the vehicle or for which the vehicle is designed.
7. Towing
You and any other authorised driver must not use the vehicle for towing unless we have given you written permission.
8. Charges
Our charges are computer generated in accordance with the charges advertised where you hired the vehicle from and are detailed on the rental agreement.
You will pay the following charges.
- The rental and any other charges we work out according to this agreement.
- Any charge, loss, damage, expense, cost or liability resulting from you not keeping to condition 3 “Your Responsibilities”.
- A refuelling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the [original] rental. The charge will be based on the rates printed on the rental agreement or shown to you at time of rental, or at the place you rented the vehicle from (or both).
- All tolls, congestion charges, fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is towed).
- You shall pay the appropriate authority any fines and costs if and when the authority demands this payment.
- Speeding Fines, we shall, upon request, supply your details to the authority levying such penalty and we will provide you with a copy of any traffic violation notice.
- if we are required to provide or pay such road tolls, fines, charges or associated costs, you agree that we may charge you with a reasonable administration charge for dealing with these matters and where applicable the amount of any fine.
- The reasonable cost of repairing any damage which was not noted on our Vehicle Condition Report at the start of the agreement, whether you were at fault or not (as long as we have complied with condition 4) and the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have (as set out in condition 10 or 11), if and when we demand this payment.
- A loss-of-use charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, it is a writeoff (cannot be economically repaired) or it has been stolen and we are waiting to receive full payment of the vehicle’s value. We will only charge you for loss of income if we can’t get back the losses under the Damage Protection Programme, which will be charged at the standard daily rate. We will do all we reasonably can to make sure that the vehicle is repaired or that we get payment as soon as possible.
- Any charges arising from Customs and Excise seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand this payment.
- Any rates for delivering and collecting the vehicle.
- Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Our Bankers from time to time.
- Value added tax and all other taxes on any of the charges listed above, as appropriate. k) Any charges incurred by ANSA Rentals Guyana in respect of mileage limitations for the vehicle or delay in returning it. You are responsible for all charges, even if you have asked someone else to be responsible for them.
9. Payment by Credit Card
For a transaction where the cardholder’s billing currency differs from the rental currency:the Renter will pay at the start date of rental in the currency of the country of rental (Rental Currency)
- The following statement shall be printed on the rental agreement: Final Charged amount will be converted into your Billing Currency plus the 3-letter code identifying such Currency (eg. USD, GBP, EUR).
- If for whatever reason the conversion cannot be processed by ANSA Rentals Guyana, or is declined by the cardholder at the time of rental, the transaction will be submitted in the Rental Currency and then converted afterwards by the card issuing bank according to their currency conversion conditions.
10. Our Insurance and Damage Protection Programme
If we arrange separate insurance, we will give you separate information on the insurance cover and any restrictions which may apply. Otherwise, the conditions of our insurance and damage protection programme will apply. By signing the rental agreement you are accepting the conditions of our insurance and damage protection programme.
- We have a legal responsibility to have third party insurance. This provides cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to $14,500USD).
- We will provide cover for loss or damage to the vehicle if you have purchased Damage Waiver as shown on the rental agreement. If you accept this, you still have to pay an amount up to the agreed excess every time you damage the vehicle.
- We will provide cover for theft and damage to the vehicle caused during an attempted theft if you have purchased Theft Waiver as shown on the rental agreement. If you accept this, you still have to pay an amount up to the agreed excess if the vehicle is stolen. The agreed excess you have to pay in each case is shown on the Rental Agreement and will be charged accordingly.
- We will provide personal accident insurance and personal belongings insurance if you have purchased them and that is shown on the Rental Agreement. You can get details of our insurance and damage protection programme (including the main exclusions) from the office you rented the car from.
11. Your Own Insurance
You can arrange your own fully comprehensive insurance but you must have our permission in writing first and you must provide us with a valid cover note for the whole period of rental before the rental commences.
12. What to Do If You Have an Accident
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
- make the vehicle secure.
- tell the police straight away if anyone is injured or there is a disagreement over who is responsible.
- call our nearest office straight away. You must then fill in our incident report form provided and send it to the address shown on the rental agreement.
13. Data Protection
You agree that we may use any information you have given us for the purposes of your proposed vehicle hire, including taking bookings, deciding on whether to accept you as a customer, collecting payment and dealing with any follow-up issues that we need to discuss with you during your possession of the vehicle and after its return, including your compliance with the rental agreement and these terms and conditions. We may also use any information you have given us to carry out our own market research.
If you break the agreement, we may keep a record of that to assist us with future decisions about you. We can also give this information to credit reference agencies, the Licensing Authority (debt collectors and any other relevant organisation who would like that information to decide or assist a third party to decide whether you should become a customer of theirs. We can also give this information to the ANSA Rentals Guyana Network members worldwide.
You acknowledge that we may obtain or may have obtained information from third parties concerning your previous record of vehicle hires in order for us to decide whether to hire a vehicle to you.
You acknowledge that we may pass on any information that we collect about you or any driver to any law enforcement authority.
For the purposes of this clause 13, “we” or “us” refers to any of our branches, any company in our group in any country or any of our franchises.
Full details of our data protection policy can be obtained from the Data Controller at the address shown on the rental agreement.
14. Ending the Agreement
- If you are a consumer we will end this agreement straight away if we find out that any of your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may also end this agreement if you do not meet any of the main requirements of this agreement.
- If you are a company, we may end this agreement straight away if:
- you go into liquidation, receivership or administration.
- you call a meeting of creditors.
- we find out that any of your goods have been taken away from you to pay off your debts.
- you do not meet any of the conditions of this agreement.
- If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet any of the main requirements of this agreement. We can also repossess the vehicle and charge you a reasonable amount for doing so. You give us (and will not withdraw) permission to come on to your premises for that purpose without using unreasonable force or causing damage.
- After the end of this agreement, however it is ended, you must keep the vehicle safe and not use it except to return it to our nearest office.
15. Governing Law
This agreement is governed by the laws of the country in which it is signed. Any dispute may be settled in the courts of that country or, if we choose, elsewhere.