Car Rental Agreement
In addition to the vehicle, the car rental includes the following: All tires, tools, documents, accessories, and equipment. The client (renter) agrees to all the terms and conditions printed on this contract, as well as the information printed on the contract with the same number and date as these rental terms.
The parties of this agreement are:
This Car Rental agreement (“Contract”) is concluded with effect from – START DATE – until – END DATE
between Oncarus – WusMar LDA, with address in 5110 Sal Rei, Rua 4 de Julho, Santa Isabel Boa Vista – Cabo Verde (“The Owner”), and – CLIENT FULL NAME, with address – CLIENT ADRESS (“The Client”).
Owner and Client may also be referred to as “Party” in the singular and “Parties” in the plural. The parties choose the above-stated addresses as their physical addresses at which legal proceedings may be instituted. This Agreement is subject to the following terms and conditions:
A. The Owner
Oncarus – WusMar LDA
5110 Sal Rei, Rua 4 de Julho, Santa Isabel
Boa Vista – Cabo Verde
The client | The renter statement
For all bookings, the person in whose name the vehicle is booked must be the person whose credit card is used. The person who pre-pays the booking must be the person to whom the vehicle is rented, and we assume that this person is also the main driver. If this is not the case, the customer must explicitly state this at the time of booking. The primary driver and all additional drivers must sign the rental agreement and meet all driver requirements. They must all sign the rental agreement and abide by the same rules and guidelines as the customer (renter).
- The client will be the main driver
- The main driver did not make the original booking in his/ her name
B. The client | Main Driver
The full legal name:
Contact Number:
Address:
Driver license number:
Date issued:
ID | passport number:
Validation Date:
End Date:
Extra driver 1
The full legal name:
Contact Number:
Address:
Driver license number:
Date issued:
ID | passport number:
Validation Date:
End Date:
Extra driver 2
The full legal name:
Contact Number:
Address:
Driver license number:
Date issued:
ID | passport number:
Validation Date:
End Date:
The client/renter statement
- The client declares that all drivers are physically and legally able to drive the vehicle.
- The client agrees to the terms of this contract and has received a copy of it.
- The client has received the said vehicle and its accessories in a proper and safe condition.
Booking of the Vehicle
Price Calculation
The rental price is always paid in advance and is based on the pick-up and drop-off times and dates (days) that you agree upon before the start of the rental. If you pick up the car later or return it at an earlier time, you will not receive a refund for the unused time.
Booked extras:
The client has the opportunity to book extra services like:
- Tire protection 5€/day
- Road Assitance 6€/day
Cancellation policy
Please note that you can only cancel your booking up to 48 hours before the pick-up date. No refunds are available for cancelations made within 48 hours of the pick-up date. Bookings made less than 48 hours before the pick-up date cannot be canceled.
Amending the booking
You can change your booking up to 48 hours before the pick-up date by contacting us at the following e-mail address: oncarus.bv@gmail.com Changes or additions to your booking within 48 hours of your pick-up date will not be accepted. No refund will be given.
Picking up the vehicle
We prefer to drop off and pick up vehicles at the airport for the convenience of the customer. The customer must pick up and return the vehicle during normal operating hours between 09:00 and 21:00. The customer has the option to pick up the vehicle either at the hotel or at a designated address. Only the airport and the main bus stop in Sal rei are exempt from the delivery and pick-up fee.
Requirements when picking up the vehicle
- Be on time a
- The client (main driver) and all extra drivers must be present to sign the agreement
- The main driver must have sufficient funds to cover the Excess on their credit card
- Have the security deposit in cash
- All drivers must present their driver’s license and passport
We reserve the right to refuse to hand over the vehicle if all conditions of the agreement are not met or if the driver(s) are unfit to drive or if anyone in the group threatens, offends or in any way endangers the health and safety of others. In this case you will not be entitled to any refund or compensation.
Pick up locations
- Airport Rabil (Free)
- The main bus stop in Sal Rei (Free)
- The Riu Karamboa (10€)
- The Riu Place (10€)
- The Riu Touareg (15€)
- Royal Horizon (10€)
- Villas Praia Chaves (10€)
The customer can specify a different pick-up and return address when booking. Depending on the location on the island, the minimum delivery and pick-up fee for another address not listed above will be 15€.
Grace period
A maximum grace period of 30 minutes will be granted (except from this ruling are any late pick-ups that result from a delayed flight arrival if a flight number is mentioned in the booking). In case of delay, reservations will be held for 29 minutes from the specified reservation time, after which they will be classed as a no-show. Note that there will be no refunds granted for a NO SHOW of the client.
Security Deposit
When picking up the vehicle, the main driver (client) will leave a refundable security deposit of 300€ in cash. Credit and/or debit cards are not accepted for this deposit!
The deposit will be used in case of loss or damage to the vehicle or equipment (like keys) during the term of this car rental agreement to cover all or part of the cost of necessary repairs or replacements. This deposit will also be used for the missing fuel when the vehicle is returned, see our fuel policy. The security deposit will be returned in cash to the client if the vehicle is returned with all the equipment and in the same condition in which the client received it.
NOTE: In case of any damage see point “Insurance” of this agreement.
Drivers' requirements
When booking, we ask the customer to provide us with the name of the main driver. We will always assume that the person who makes the booking will also act as the main driver. Additional drivers can be added for free, and all drivers must meet the following requirements:
- Be physically present at the pick-up of the vehicle – no exceptions
- Provide us with all required original documents. We will not accept any form of copies or digital or otherwise!
- Be at least 21 years old
- A valid identification ID (Passport)
- A valid driver’s license for at least 3 years
- Sign the rental agreement
The object of the rental:
- Type of Vehicle:
- Make and Color:
- Model:
- Registration Number:
- Color:
Condition of the vehicle
The Owner states that to the best of his knowledge and belief the above-described vehicle is in sound and safe condition and free of any known defects or faults which would affect its safe operation under normal use. The Renter has been given an opportunity to examine the Rental Vehicle in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the vehicle other than that notated by separate Existing Damage document.
Returning the vehicle
The client shall return the vehicle with all tires, tools, accessories, and equipment in the same condition in which it was received. The client will return the Vehicle at the agreed time and place as stated in the Rental agreement. If the vehicle is not returned at the agreed time, a fee of 1/2 of the daily rate will be charged for each hour of delay. If we have to retrieve the vehicle in another location than the Drop-off location we will charge a retrieving fee to cover the cost of returning the vehicle to the original agreed on location.
Fuel Policy - Full to Full
We deliver the vehicle with a full tank. The customer is responsible for refueling the used fuel before returning the vehicle. If the vehicle is returned with less fuel, we will charge 2€/liter to cover the missing fuel. The amount will be deducted from the cash Security deposit.
No Mileage | Kilometer limit
Your rental includes unlimited free kilometers.
The vehicle equipment and keys
In case of loss of | theft of |damage to keys, aerials, jack, safety triangles and vests, windscreen wipers, petrol cap, luggage covers, or any other fixed or mobile component of the vehicle the client will be charged the cost of the replacement. The amount will be deducted from the Security deposit as stated in point 4 of the agreement.
On the road - Accident or Breakdown
In the event of a collision or accident, the client must notify us and law enforcement authorities and may not leave the scene of the accident or collision until the police have arrived on the scene. The client will need to present a police report and an accident report to the owner. If the client can’t provide the necessary documents from the police, the client will be liable for the full cost of replacing/repairing the car.
In case of breakdown, or mechanical difficulties, or when the vehicle gets slightly damaged, and no one else is involved, you must call us immediately. Under no circumstances is the client authorized to make any repairs or replacements to the vehicle. Call us so we can take the appropriate action!
Road Assistance Service
The client has the option to pay for the extra “Road assistance service for 6€/day. To avoid the intervention Fee of 150€. that will be automatically charged. This can be handy in case of the client got stuck when driving the car off-road. Note that we will charge for the replacement of tires if the client didn’t sign up and paid for the tire protection service.
Tire Protection Service
The client has the opportunity while making the booking to get an extra service regarding the tires of the car. For the fixed amount of 5€ a day, we will not charge any cost in case of a flat tire. We will charge the transport costs of 150€ in case the client did not select the extra option for road assistance.
Insurance
The car must be operated and driven with great care. The client is liable for all damage to the car and injuries to the occupants caused by collisions or accidents not paid for by the car’s insurance.
Regardless of insurance coverage, the client shall indemnify the owner for all losses, damages and legal actions, including reasonable attorney’s fees, suffered by the owner as a result of the clients use of the vehicle during the term of this Agreement, including, but not limited to, damage to the vehicle, damage to the property of others, injuries to the client and injuries to others. This provision shall survive termination of this Agreement.
The client agrees to indemnify, defend and hold the owner harmless for any loss, damage, or legal action against the owner arising out of the client’s operation or use of the leased vehicle during the term of this Car Rental Agreement. This includes attorney’s fees incurred in connection therewith. The client shall also be responsible for any, fees in regard to traffic violations, traffic tickets, moving violations, or other citations received while in possession of the rented vehicle.
Damage Excess 1500€
The main driver (client) must be in possession of a Credit Card in their own name when picking up the car. The Card must have enough available funds to cover the excess amount (which will be blocked on the Card for the duration of the rental).
If the vehicle gets damaged, and the damage is covverd by our insurance, the most you’ll pay towards repairs covered is the damage excess 1500€. This cover is only valid if you stick to the terms of the rental agreement. If the Rental Vehicle is damaged or destroyed while it is in the possession of the client, the client agrees to pay any required insurance deductible and also assigns all rights to collect insurance proceeds to the Owner.
Responsabilidade Civil por terceiros FECHAR
Basic insurance includes unlimited coverage on bodily injury to persons other than the driver and on property damage to anything other than the rented vehicle.
Seguro de Acidentes Pessoais (PAI)FECHAR
This covers the bodily injuries of authorized drivers and passengers.
A. NOT included - Damages
- Damages done on purpose or by total carelessness of the main driver(s)
- Damages are caused when the driver(s) is intoxicated, under the influence of drugs, or by any other cause which renders him unfit to safely drive a vehicle.
- Damages to the engine caused by water, such as when crossing un-bridged rivers or driving in water.
- Damages that occur while the car is being raced or test-driven.
- Damages are caused by war activity, mutiny, riots, and uproar or by sabotage.
- Burns on seats, carpets, or floor mats.
- Damages to wheels, tires, springs, batteries, glass (lights & windows), and radio as well as damages caused by the theft of certain parts of the vehicle.
- Damages occur when loose rocks or other items hit the vehicle while it is being driven.
- Damages are caused when the vehicle is driven where driving is forbidden, like in the National parks – turtle places
- Damages when sand, gravel, ash, lava, or other earth materials are blown on the vehicle.
- Damages caused by ocean water will not be paid.
- Damages are caused by the wind blowing up the door while opening it.
B. NOT included - Loss or Theft
The client is personal and fully reliable in case of loss | or theft of the vehicle!
C. NOT included - Personal items
We are not liable in any case for the loss of | theft of | or damage to any personal belongings or items left, stored, or transported in or on the vehicle by the customer or other persons, during or after the rental.
Renter Warranties
Under no circumstances is it permitted to use the vehicle, operate or drive:
- In violation of Cabo Verdean law, or the conditions and terms of this contract.
- For the transportation of passengers or property against payment.
- The rented vehicle shall not be used to carry passengers or property for hire.
- The rented vehicle should not be used to transport animals.
- The rented vehicle shall not be used to carry passengers other than in the interior or cab of the vehicle.
- The rented vehicle shall not be used to push, propel or tow another vehicle, trailer, or any other thing without the written permission of the Owner.
- The rented vehicle shall not be used for any race or in any competition.
- The rented vehicle shall not be used for any illegal purpose.
- The client shall not operate the vehicle in a negligent manner.
- The rented vehicle shall not be operated by any other person other than the main driver and extra drivers stipulated in this agreement
- The client represents and warrants that the main drivers and all extra drivers are legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner.
- The client is not authorized to have the vehicle or its accessories repaired or altered. The renter shall not permit any lien to be placed upon the vehicle without the owner’s prior consent. The client shall pay all unauthorized charges in connection with the use, repairs, or safekeeping of the vehicle.
Jurisdiction
The parties consent that this is a legally binding document in Cabo Verde. No action, arising out of the transactions under this Agreement may be brought by either Party more than one year after the cause of action has accrued.
In the event of any dispute over this agreement, this Car Rental Agreement will be interpreted by the laws of Cabo Verde, and any lawsuit or arbitration must be brought in the corresponding region of Cabo Verde. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
Arbitration
In the event that the Parties are unable to resolve amicably any dispute or claim for damages arising under this Agreement, the Parties agree to resolve such dispute or claim for damages by arbitration. The arbitration shall be conducted in PRAIA, CABO VERDE, in accordance with the rules of the Cabo Verde Arbitration Law in force at that time, with one (1) arbitrator selected by mutual agreement of the parties.
If the parties cannot agree on an arbitrator, the Cabo Verde Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The arbitration shall be governed by the laws Cabo Verde. The parties agree that the arbitrator may not award punitive damages to either party and agree to be bound by the arbitrator’s findings. The arbitrator’s award may be rendered by any court of competent jurisdiction.
General
This Agreement, including all Exhibit(s), constitutes the entire agreement between the Parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations, and other understandings, oral or written, of the Parties and any current or subsequent purchase order(s) provided by Affiliate. No alteration or modification of this Agreement or any Exhibits shall be valid unless made in writing and signed by an authorized Affiliate of each Party. The waiver by either Party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by an authorized Affiliate of the Parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing to the other Party at the address stated above, or at such other address as shall be given by either Party to the other in writing. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled and apply to respective successors and rightful assignees. In witness whereof, the Parties have signed this Agreement as of the date written above.
This Car Rental Agreement constitutes the entire agreement between the Parties with respect to this rental arrangement. No modification to this agreement can be made unless in writing signed by both Parties. Any notice required to be given to the other party will be made to the contact information below.
Duration of the agreement - Rental period
Owner agrees to rent Vehicle to the client for the following period:
Start Date:
End Date:
The Parties agree that this Agreement terminates upon the End Date specified above.
Notwithstanding anything to the contrary in this Agreement or any Exhibits, either Party may terminate this Agreement prior to the End Date with at least one (1) day’s notice. If this Agreement is terminated prior to the End Date, the Parties will work together to determine whether a refund of Rental Fees is necessary.
The Owner | Onacrus
The full legal name:
Signature
The client | Main Driver
The full legal name:
Signature
Extra driver 1
The full legal name:
Signature
Extra driver 2
The full legal name:
Signature
