These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, and a return record with the computed rental charges together constitute the rental agreement (collectively, “Agreement”) between you and Magic Carpit, and any affiliate conducting business under the brand identified in the Agreement. “We”, “our”, and “us” means Magic Carpit, and “hirer” means the person by or on behalf of which the agreement is signed. Hirer agrees that hirer is not our agent for any purpose and that hirer cannot assign or transfer your obligations under this Agreement. The Hirer rent from us the Vehicle described in the Agreement, which rental is solely a bailment for mutual benefit. By renting a Vehicle from us, hirer agrees to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. Hirer agrees that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If hirer breaches the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with hirer, and/or asserting claims against hirer for any damages we incur because of hirer’s breach.
1. The “Hirer” and “Authorised Driver” – The “Hirer” means the person by or on behalf of which the agreement is signed. “Authorised Driver” means any additional driver(s) to The Hirer. The Hirer will ensure that the Authorised Driver complies with all the terms and conditions of this agreement. All drivers must be over the age of 25 and must have at least three (3) years of driving experience. Any driver over 65 years old must also provide a valid medical certificate. The Hirer and any Authorised Driver must be in possession of a valid driver’s licence and are physically and legally qualified to operate the above-described vehicle. Any driver not in possession of a Barbados driver’s licence will also have to provide a local visitor’s permit. The Rental Office must approve any additional driver and any extended period of use subsequent to the date of this agreement.
The vehicle will not be driven by any person:
- Other than The Hirer and Authorised Driver
- Who has a fictitious or false name, age or address
- Who is under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates or any substance which would impair use of a vehicle
2. Restriction on Use – The vehicle shall not be used:
- In a negligent manner
- Off road or on a beach
- To carry passengers or property for hire or lease
- To push, propel or tow another vehicle, trailer or any other thing
- For any race or in any competition
- For driving tuition
- For any illegal purpose or in excess of the posted speed limit
- To carry passengers other than in the interior of the vehicle
If the vehicle is used in any of the aforementioned activities The Hirer is responsible for any and all damage or loss to the vehicle or any part thereof including our loss of use of the vehicle regardless of fault. If we elect not to repair the vehicle, The Hirer shall pay the full value of the vehicle before it was damaged, less any monies received from salvage.
3. Fines, Expenses, Costs, and Administrative Fees – Hirer agrees to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against hirer. Hirer also agrees that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against us because of the operation or use of the Vehicle from the time hirer takes possession of it until it is returned to us, The Hirer will reimburse the Rental Office within 14 days and pay an administration fee of BBD$150.00 per offence.
3.1. Indemnity Against Fines – Hirer agrees to indemnify, defend, and hold harmless the Owner for any loss, damage, or legal actions against the Owner as a result of Hirer’s operation or use of the vehicle during the term of this lease agreement. This includes any attorney fees necessarily incurred for these purposes.
4. Accidents/Incidents – Hirer must report to us at 246-834-2954 any accident/incident involving the Vehicle as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages. Hirer must also promptly report any accident/incident involving the Vehicle to law enforcement authorities if required to do so by Applicable Law. Hirer must also immediately report to us at 246-834-2954 any incident related to the Vehicle involving law enforcement.
4.1. Loss, Damage to or Fault in The Vehicle – The Hirer will immediately inform the Rental Office of any loss, damage to the vehicle or fault in the vehicle and will not use the vehicle whilst it is in a non-roadworthy condition or liable to cause damage to any person or property. All complaints must be notified to the management before the end of the rental period otherwise we will not be held responsible.
4.2. Vehicle Repairs – Hirer is not authorized to repair the Vehicle, and may not authorize repair by anyone else, without our express written consent. If hirer repairs the Vehicle or has the Vehicle repaired without our consent, Hirer will pay all costs we reasonably incur to restore the Vehicle to the condition it was in prior to rental up to the fair market retail value of the Vehicle. If we authorize hirer to have the Vehicle repaired and the cost of repair is our responsibility, we will reimburse hirer for those repairs only if hirer gives us the repair receipt and the repair conforms to the authorization. To the extent hirer unauthorized repairs invalidate or in any way reduce the coverage of a warranty, hirer will be responsible for the costs of the invalidation of or reduction to the warranty. Where permitted by Applicable Law, hirer is also responsible for Diminished Value (“DV”) of the Vehicle, which is defined as the difference between the fair market value of the Vehicle immediately before the accident or incident giving rise to the repair and the fair market value of the Vehicle immediately after the repair. Hirer is also responsible for any damages arising from the unauthorized repair of the Vehicle, including but not limited to personal injury or diminution in resale value of the Vehicle.
5. Rental Charges – The Hirer is responsible for the rental rates, taxes and any other charges payable as shown. The minimum charge is for 24 hours. Early return of an agreed rental converts the rental charge to the daily rate. The balance will be returned to The Hirer. The Hirer is also responsible for all fuel costs incurred during the rental.
6. Collection – Hirer agrees to pay a late fee of 10% per month (or the highest rate permitted by Applicable Law, whichever is less) for any amounts, including but not limited to charges, fees, tickets, expenses, fines, and all matters associated with the rental and/or damage to or loss of the Vehicle, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment. Hirer also agrees to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys’ fees (including on appeal) and insufficient funds fees for rejected checks. We may engage attorneys and/or third-party collection agents to collect unpaid charges. Hirer agrees that we are entitled to share any information provided by hirer in connection with this Agreement with our attorneys or third-party collection agents and that, except where prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third-party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from hirer. Hirer understands that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and hirer authorizes us to share the information necessary for such reporting.
7. Insurance – Vehicles are covered by insurance including liability for passengers and third-party personal injury cover.
Collision Damage Waiver (CDW) Plan: CDW is included in all rentals. The CDW waives partial responsibility for any damages to the vehicle.
CDW does not apply to damage caused by off-road use, damage to the interior, damage to rims and tyres and damage to vehicles caused by collision with stationary or overhead objects.
Hirer is liable for all damage and costs to the vehicle caused by a driver not named in this agreement. Liability must be paid within one week of the accident, regardless of fault. This amount will be refunded if The Hirer is found to be the one in the right in the accident that occurred. This applies to any Authorised Driver.
Damages include:
- All dents, scrapes or scratches to the vehicle, tyres or rims
- Broken or cracked mirrors, windows or lights
- Torn or soiled upholstery
- Damage to the stereo or antenna
- Loss or damage to the spare tyre, wheel tools or accessories.
The CDW plan is null and void in the event of the following:
- Use of the vehicle for any activities listed as restricted
- The damage or loss was caused intentionally
- An unauthorised Driver driving the vehicle
- The loss or damage occurred because the driver (whether authorised or not) was impaired by the use of alcohol or drugs.
If The Hirer does or causes to be done anything that makes the CDW plan void, all damages or loss including loss of use must be paid punctually.
8. Insurance Jurisdiction Clause – Insurance shall be covered by the following jurisdiction clause. The insurance shall be governed by the Laws of Barbados, whose courts shall have exclusive jurisdiction in any dispute, doubt or question arising hereunder, and in the event of any action, claim or damage by a third party under or by virtue of this insurance, the liability of the Insurers to indemnify in such event shall be limited to judgement delivered or obtained in the first instance by a Court of competent jurisdiction within Barbados.
9. Return of Vehicle – The Hirer will return the vehicle with all tyres, tools and accessories and fuel level, in the same condition as when received, ordinary wear and tear excepted, to the place and on the date shown in the agreement or sooner if requested by the Rental Office. The Hirer will pay all charges, losses and expenses if the vehicle is not returned as arranged as well as the daily charge for each day the vehicle is kept over its return date. An administration fee of BBD$150.00 will be charged if the vehicle is not left at the pre-arranged location. There will be a fuel charge of BBD$10 per litre to match the received amount of fuel if not returned as received.
Eating of Foodstuff, Drinking and Smoking – No eating of foodstuff or drinking of beverages is permitted in the rental vehicle. Smoking is also strongly prohibited in the vehicle. No animals or pets are allowed in the vehicle under any circumstances. Should the upholstery be soiled or burnt by such activities, The Hirer will be liable for ALL valet and repair costs.
9.1. Repossessing the Vehicle by Remote Tracking Devices – We reserve and have the right to monitor the vehicle through remote tracking devices or otherwise and locate, disable and repossess the vehicle, or take any other action at your cost and without notice to you, if the Vehicle is being used in violation of the law, parked illegally, overdue, apparently abandoned or in breach of the payment obligations or other terms of this agreement.
10. Credit Card Authorisation – The Hirer authorises the Rental Office to charge any credit card provided for:
- The pre -calculated charge upon signing this agreement
- Any additional charges on the return of the vehicle
- Any deductible
- Cost of repairs or replacement
- Any parking fines
- Related expenses
- Administrative expenses
- Cancellation fees
- Security deposit
If The Hirer is overcharged or undercharged, we may charge, or credit said credit card. A security deposit is required when the rental begins and a hold for this amount is placed on the Hirer’s credit card.
11. Personal Property – The Rental Office will not accept responsibility for loss or damage to any property left in or on the vehicle, our premises or service vehicle.
12. Prepaid Reservations – Payment will be charged before the start of the rental and any changes to the reservation will be charged a BBD$25.00 fee. Cancellation or changes of a prepaid reservation must be made more than 24 hours before the rental begins.
13. Cancellation – To cancel a reservation, the Hirer must give notice more than 24 hours before the start of the rental. For cancellations made more than 24 hours before the rental begins, the rental charge will be refunded minus a cancellation fee of 10% of the total rental charge. The security deposit will be fully refunded.
Where cancellation is given less than 24 hours before the start of the rental, the first 3 days of the hire period is non-refundable, and the remaining days rental charge and the security deposit will be refunded.
If a vehicle is not collected or the Hirer is not available for handover of the vehicle at the drop-off time, without prior agreement, the first 3 days of the hire period is non-refundable, and the remaining days’ rental charge and the security deposit will be refunded.
14. Key/Fob Recovery Fee – We may charge a fee to cover the cost to us for replacement if hirer does not return the same number of keys, key cards, fobs and/or remotes to the Vehicle that were received at the beginning of the rental.
We reserve the right to refuse any reservation