The terms and conditions in the following clauses, along with the established indicators and specifications on this addendum to the rental agreement constitutes the standards that govern the rental agreement signed and agreed upon between the Contracting Parties, who by way of signature express their full acceptance to all the terms and conditions listed herein.
FIRST: THE PARTIES
THE LESSOR is INTERMARKETING Inc. (THRIFTY Car Rental). THE LESSEE is the authorized renter listed as such on the rental agreement.
SECOND: OBJECTIVE OF THE CONTRACT
The objective of this adendum to the rental agreement is to provide the lessee with a rental vehicle of THE LESSOR together with the tools, parts and accessories according to the detailed inventory on the rental agreement, which will be rented to THE LESSEE in a good mechanical and operational condition.
THIRD: LEASE TERM
THE AUTO RENTAL will initiate with the delivery of the vehicle to THE LESSEE on the date stipulated on the Rental Agreement, and will be in effect until the vehicle is returned to THE LESSOR to their full satisfaction.
If the LESSEE wishes to use the vehicle beyond the stipulated date and time of return listed on the original Rental Agreement, they may do so but must communicate to THE LESSOR in order to obtain an authorized extension on the original rental term. THE LESSEE agrees to allow the LESSOR to obtain credit card authorizations in order to cover any additional costs related to contract extensions as per the rental agreement. If THE LESSEE obtains the vehicle by fraud or false statements or documentation or does not return the vehicle on the scheduled date, it will be considered that there is an fraudelant credit card deposits and that the vehicle is being used without the consent of THE LESSOR, which radically violates the rental agreement, which allows THE LESSOR to fully proceed criminally against THE LESSEE, who assumes the full financial responsibility that may be incurred by any authorized or unauthorized drivers of THE LESSORS rental vehicle. THE LESSOR reserves the right to recover possession of the vehicle at any time and place where it is found, without prior request, if this seems to be the final option to be executed by THE LESSOR when the terms and conditions have been violated by THE LESSEE, or if the law has been violated, or there is proof of significant risk to the rental vehicle. THE LESSEE in fact waives any responsability to the THE LESSOR in the even that any actions take by THE LESSOR stated in this clause ever have to take place.
FOURTH: THE CONTRACT VALUE
THE LESSEE shall pay THE LESSOR for the normal use of the vehicle, taxes, any vehicle damage, medical expenses coverage, repairs, deductibles, gasoline and any cost associated with the misuse of the rental vehicle, in US dollars, or its equivalent in Balboas, that corresponds according to the rates and charges specified in the Rental Agreement, calculated up to the return of the vehicle to the satisfaction of THE LESSOR.
While this contract is in effect THE LESSEE must pay any and all fines, parking tickets, and any other expenses imposed for moving traffic violations, tickets, serious infraction car impounds, as well as vehicle recovery expenses, towing service such as trailers, damages and claims submitted by third parties, investigation costs, judicial expenses, etc., and shall be reimbursed to THE LESSOR in the case of any of these types of events occur to THE LESSOR during their use of the rental vehicle. THE LESSOR understands and agrees to pay for such expenses clearly listed in this clause.
FIFTH: FORMS OF PAYMENT
THE LESSEE agrees to pay for the estimated total upon execution of the rental agreement, and also agrees to any additional credit card authorization deposits required at the time of rental. THE LESSOR also agrees to pay for any additional charges that could apply at the return of the rental vehicle, such as gasoline, extra day fees and coverages. All rental agreement charges are final at the time of return except for delayed costs which THE LESSEE has agreed to pay in previous clauses found after the fact; such as tickets, legal fees, damage etc.
In the case of accident, loss, theft, misappropriation, etc. THE LESSEE agrees to pay for any and all of them according to the rental agreement and if THE LESSEE has violate any terms and conditions listed here THE LESSEE agrees to allow THE LESSOR to charge any and all financial responsabilities to the same credit card used to guarantee payments and deposits at the initiation of the rental agreement.
SIXTH: GUARANTEE DEPOSIT
THE LESSEE concedes THE LESSOR to obtain in addition to the charge of the estimated total at time of rental car pick up, an additional credit card deposit authorization. The credit card security deposit is taken in order to be used if necessary to cover any and all contractual cost obligations that may be incurred according to the contract. THE LESSOR may freely use this security deposit to cover them.
THE LESSEE agrees to pay for any and all contractual obligations, by signing any additional documents required by THE LESSOR, authorizing them to charge THE LESSEE credit card for the total charges, including any and all possible damages to the vehicle.
THE LESSEE waives any rights that may prevent THE LESSOR from legally receiving all possible compensations according to THE LESSORS contractual obligations according to all the rental agreement terms and conditions listed herein.
SEVENTH: OBLIGATIONS OF THE LESSEE*
THE LESSEE expressly accepts the following extensive obligations to THE LESSOR as well as any other authorized licensed drivers:
1) Your rental agreement must be paid up to date.
2) Return the vehicle on the date set out on the Rental Document, with its tools, equipment and accessories, etc., in the same good condition when received, in one of the authorized offices and operating hours of THE LESSOR.
3) Not to drive the vehicle in either a negligent or reckless way, speeding, flooded roads, under the influence of alcoholic beverages or hallucinogens, nor in contravention of transit laws and regulations, municipal or national. If any of the dashboard lights indicate malfunction of the vehicle, the LESSEE must immediately stop using the vehicle and notify the THE LESSOR immediately.
4) Do not allow persons other than those authorized in this agree ment to drive the vehicle
5) Do not use vehicles in sports competitions, speed tests or similar, contests, etc., not to propel or tow vehicles or trailers, nor sublease it or use it for the paid transport of passengers, cargo or bulk that exceed the capacity specified by the manufacturer.
6) Do not use the vehicle in political activities, demonstrations, caravans, marches and parades during Carnival, uprising riots, strikes, guerrillas and in general, any illegal or dangerous activity.
7) Do not drive the rental vehicle outside the territory of the Republic of Panama.The rental vehicule is only allowed on paved roads and never on trails, sand, or unsealed roads. Any damages resulting from “Off-Road” driving and activities will be charged to THE LESSEE.
8) Report immediately to THE LESSOR if the odometer (kilometer count) ceases to operate correctly. To not do this or if there is violation of the seal of the disconnection of the odometer, the LESSEE accepts to be charged the amount of 500 km per day according to the rate.
9) To be prudent in the care of the vehicle, take the necessary precautions not to commit malpractice. THE LESSEE must remove the keys from the ignition, lock doors with the key, not leave the vehicle in places unguarded, and park only in appropriate places, not to give the keys to persons not referred to in this agreement.
EIGHTH: OBLIGATIONS OF THE LESSEE IN CASE OF ACCIDENT, LOSS, THEFT FORFEITURE OR IMPROPER APPROVAL.
THE LESSEE is obliged in these cases to the following:
1) Immediately obtain a police report by the Panamanian authorities, or an incident report of any official governing authority, or security company, or pre-sent a criminal complaint as the case may be. If a report cannot be obtained at the time of the incident, THE LESSEE shall call and notify a rental agent or manager immediately by phone.
2) THE LESSEE must notify and report the accident to THE LESSOR, and the nearest office within 12 hours of the incident. THE LESSEE shall bring all relevant information such as the police report, and all the information identifying any possble third parties involved or implicated including all their personal data, address, emails, and telephone numbers.
3) Give THE LESSOR any summons, report, plaint or document of any kind related with the fact.
4) To refrain from making any payments, making private arrangements, nor admit any responsibility to governing authorities or third parties.
5) To fully cooperate with THE LESSOR and the Insurance Company, or the credit card company in investigation, defense, and cost recovery processes.
6) Return the rented vehicle keys promptly to THE LESSOR.
7) In the event of a traffic accident the customer at their cost, expressly authorizes THE LESSOR to manage their representation before the administrative or judicial authorities and expressly relieves THE LESSOR of any claims resulting from the exercise of this authorization.
NINTH: RESPONSIBILITY OF THE LESSEE
A – THE LESSEE understands and accepts that this contract makes them directly responsible for the rental vehicle, its tools, parts, accessories and must refund to THE LESSOR the value of the damages of any nature caused to the vehicle and occurred under any circumstances during the term of this agreement. THE LESSEE shall also pay at the request of THE LESSOR the lost revenues of THE LESSOR including reasonable attorneys and administrative fees incurred in court attention of any accident and the loss of earnings caused by the loss of use of vehicle. THE LESSEE shall also reimburse THE LESSOR the cost of the vehicle if it is lost, stolen or misappropriated. However, at beginning of the lease, the lessee may be exempted from this responsibility, if he chooses to accept the SAFE TRIP PACKAGE (STP) which has a deductible of $2,000.00 plus taxes. THE LESSEE is responsible in all cases even if has accepted and paid for The Safe Trip Package (STP) for vehicle damage caused directly by people (vandalism), natural disaster, collision against fixed objects or parked, animals, theft of accessories and auto parts, overturning, hit and run of any party.
THE LESSEE may accept the PARTIAL DAMAGE WAIVER (PDW) which reduces the responsibility to zero (B /. 0.00) for some damages including, rims, tires, front and back windshield. This coverage does NOT cover collision against fixed object or parked, animals, rollover nor hit and run.THE LESSEE is responsible in all cases, even if has accepted and paid for Partial Damage Waiver (PDW), for vehicle damage caused directly by people(vandalism), natural disaster or theft of accessories and auto parts.
THE LESSEE at its option may accept and pay for the Super Damage Waiver (SDW) which reduces the responsibility to zero (B /. 0.00) for some damages and total theft of the rented vehicle. Including, rims, tires and front and back windshield, collision against fixed object or parked, animals, rollover nor hit and run. THE LESSEE is responsible in all cases even if has accepted and paid for Super Damage Waiver (SDW) for vehicle damage caused directly by people(vandalism), natural disaster, theft of accessories and auto parts.
THE LESSEE will be responsible in any case, for the loss of the keys of the leased car, towing services, change of punctured tires, loss of immobilizer, assistance if THE LESSEE runs out of fuel or dead battery of the leased car.
THE LESSEE at the beginning of the contract can choose to accept and pay for the service of Emergency Roadside Assistance (ERA) that covers free of charge the services referred to in this paragraph. The response time by the LESSOR shall be subject to the day, time and location of the incident.
If THE LESSEE violates any of the terms of this contract, and specifically the obligations set out in clauses seven and eight, the agreement for the fee coverage for damage to third parties, The Safe Trip Package (STP), the Partial Damage Waiver (PDW) and The Super Damage Waiver (SDW) or any other benefit or package offered, accepted and paid for by THE LESSEE will not be valid nor will suffer any effect.
B - The rented vehicle is covered by a policy of liability insurance and damage to people’s property up to B / 30,000.00 (ten thousand dollars) just to cover damage to third parties assets and people by paying the stipulated coverage included in The Safe Trip Package (STP), Partial Damage Waiver (PDW), Super Damage Waiver (SDW) or Third Party Liability (CCSLI).
THE LESSEE at its option may accept the benefit of the extension of Suplemental Liability Insurance - (SL1) to extend the coverage of liability and damage to property of others with a maximum protection up to B /. 300,000.00 (three hundred thousand dollars), single limit combined per accident, just to cover damage to third parties assets and people by paying the stipulated coverage. THE LESSEE must comply and be submitted to all terms, conditions, limitations and restrictions of the policy which are considered as if they were reproduced here and also its obligations under this contract, otherwise the coverage does not apply and THE LESSEE directly assume these responsibilities and risks.
C – The injuries and damage that may occur to the driver and any passengers in the rented vehicle during the term of this agreement will be the responsibility and account of THE LESSEE, releasing THE LESSOR of any possible financial consequences that may arise from such possible injuries.
THE LESSEE may opt for the Personal Plan Protection (PPP) at the time of rental which would provide for some medical expense recovery as well as death benefits. THE LESSEE must accept or reject with their signature in the respective space of the Rental Document and the payment of the corresponding fee. Please obtin details of such coverage from the rental agent at rental car pick up.
TENTH: LIABILITY FOR LOSS OR DAMAGE OF TO PERSONAL PROPERTY.
THE LESSEE is the solely responsible for any loss or damage that may occur to any personal property including money left, deposited or transported by THE LESSEE or by third parties in the rental vehicle. The LESSEE waives any rights of demanding reimbursment for loss or damage to their personal property left in the rented vehicle.
THE LESSOR includes a Personal Protection Plan (PPP) covered by an Insurance Policy of THE LESSEE under the terms and conditions indicated in the Insurance Policy. This policy is included in the Personal Plan Protection (PPP) package which THE LESSEE must accept or reject with their signature in the respective space of Rental Document and the payment of the corresponding fee at the time of the rental car pick up. The effect of PPP as well as all other benefits accepted by the LESSEE initiates and ends with the validity of the rental agreement and on receipt of the leased car in any of THE LESSOR’S facilities or to whom they authorize.
TENTH FIRST: RIGHTS OF THE LESSOR
The Rights that correspond to THE LESSOR under this contract may only be waived through a written declaration signed by the President of THE LESSOR. The Contracting Parties agree that any difference of interpretation, controversy or claim related to this contract must be discussed only before the relevant authorities of the Republic of Panama, regardless of wherever THE LESSEE may reside. THE LESSOR, at its option, may initiate judicial proceedings in the country of THE LESSEE to demand the fulfillment of any amount owed to THE LESSOR by reason of this contract, even when the address of THE LESSEE is in a different jurisdiction from the Panamanian.