2. Persons who may drive the Vehicle
The Vehicle must only be driven –

a. By person(s) named as Hirer or described under this Agreement and whose license details are recorded in the Agreement to Hire Rental Vehicle.

3. Payments by Hirer 

3.1 In addition to the payment specified above, the Hirer acknowledges that s/he will be liable at the end of the hire period to pay the Operator any applicable additional charges. These may include charges for fuel,
late return, damage to or repair of the Vehicle (subject to the other terms of this Agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines and the administration costs relating to these fines and fees or charges.

3.2 The Operator is entitled to deduct any such charges from the Hirer’s credit card during or after the term
of hire is completed, or the Hirer may pay such charges as agreed with the Operator.

4. Use of the Vehicle
The Hirer must not:

a. use or allow the Vehicle to be used for the transport of passengers for    hire or reward contrary to the Road Traffic Ordinance 1960 and other relevant legislation (“the traffic laws”);

b. sublet or hire the Vehicle to any other person;

c. allow the Vehicle to be used or driven by any other person contrary to this Agreement without the consent of the Operator in writing;

d. operate the Vehicle or allow it to be operated in circumstances that constitute an offence against any traffic laws;

e. operate the Vehicle or allow it to be operated in any race, speed test, rally or contest;

f. operate the Vehicle or allow it to be operated in breach of the traffic laws;

g. operate the Vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the details of the vehicle;

h. drive or allow the Vehicle to be driven on any roads or areas excluded in this Agreement, or on any beach, driveway, or surface likely to damage the Vehicle.

5. Hirer’s Obligations
The Hirer must ensure that:

a. all reasonable care is taken when driving and parking the Vehicle;

b. the water in the Vehicle’s radiator and battery are maintained at the proper level;

c. the oil in the Vehicle is maintained at the proper level;

d. the tyres are maintained at their proper pressure;

e. the Vehicle is locked and secure at all times when it is not in use;

f. the distance recorder or speedometer are not interfered with;

g. no part of the engine, transmission, braking or suspension systems are interfered with;
and

h. should a warning light be illuminated or the Hirer believe the Vehicle requires mechanical attention, they stop driving and advise the Operator immediately.

6. Operator’s Obligations
The Operator will supply the Vehicle in a safe and roadworthy condition, displaying a valid and current Certificate of Fitness.

7. Mechanical Repairs and Accidents

7.1 If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer must notify the Operator of the full circumstances immediately.

7.2 The Hirer must not arrange or undertake any repairs or salvage without the Operator’s authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property.

7.3 If the vehicle requires repair or replacement, the operator must arrange repairs to the vehicle or arrange a replacement vehicle within a reasonable time frame, provided that the operator will not be required to repair or replace the vehicle if it was damaged while being operated in a manner which breaches this Agreement.

8. Return of Vehicle
The Hirer must, at or before the expiry of the term of hire, deliver the Vehicle to the place of business of the Operator or Operator’s agent under this Agreement, or obtain the Operator’s consent to the continuation of the hire (in which case the Hirer must pay additional hire charges for the extended term of hire). If the Hirer does not comply with this clause, the Hirer will be liable for additional charges for the late return of the Vehicle.

9. Liability
Subject to clause 10, the Hirer is liable for:

a. any loss of, or damage to, the Vehicle and its accessories (excluding fair wear and tear) and any consequential damage, loss or costs incurred by the Operator, including salvage costs;

b. any loss of, or damage to, vehicles and property of third parties, arising during the term of hire;

c. any loss, expenses or liability arising from any proceedings or demand made as a result of any wilful, unlawful or negligent act or omission of the Hirer or any person connected under this Agreement. This clause survives any termination of this Agreement.

10. Collision Damage Waiver (CDW) Option

10.1 The Hirer acknowledges that he/she was given the option to purchase the CDW at a fee of $20.00 per day. By opting for the CDW, the Hirer agrees that Operator will cover any damages incurred during the term of hire up to the amount of $2,000.00.

10.2 The Hirer will not be covered if he/she opts out of the CDW and therefore is personally liable for all
damage/loss if –

a. the driver of the Vehicle is caught under the influence of any intoxicating substance, drug or alcohol;

b. the Vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the Hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the Vehicle;

c. the Vehicle is driven in any race, speed test, rally, hill climbing, or contest;

d. the Vehicle is driven in breach of this Agreement;

e. the Vehicle is being driven outside the description of use; or

f. the Hirer has elected to use their own insurance with the agreement of the Operator.

10.3 Despite anything else contained in these terms and conditions, and regardless of whether the Hirer has paid the CDW, the Hirer will be liable for all damage, loss and costs referred to in this Agreement up to the amount of $2,000.00 (including reasonable indirect costs associated with claiming) where –

a. the driver commits any offence under any traffic laws that, in the reasonable opinion of the Operator, contributed to the accident or loss;

b. in the reasonable opinion of the Operator, the vehicle was driven in a manner that posed real danger to the lives and/or property of any other person, and this contributed to the accident or loss;

c. the vehicle was driven on any of excluded roads or locations;

d. the vehicle was operated beyond the term of this Agreement or any agreed extension of the term, and, in the reasonable opinion of the Operator, this contributed to the accident or loss;

e. any damage to the roof or underbody or any part of the vehicle;

f. any damage to the vehicle or accessories due to the incorrect fitting and or repair or whatever remediated actions taken under this Agreement;

g. any costs incurred by the operator in recovering outstanding charges or fees owed to the Operator, plus interest accruing at 15% per annum.

11. Security Bond

11.1 The Operator may require the Hirer and the Hirer agrees to pay a refundable security bond of $1,000.00WST at the start of the hire.

11.2 If loss occurs under this Agreement, the bond may be deducted to the value of the loss or be used to contribute to the costs, fees, fines, charges and any liability under this Agreement.

12. Criminal Offences

12.1 The Hirer is liable for an offence committed during the period of hire where the offence was committed contrary to traffic laws or any other relevant law in Samoa.

12.2 The Hirer must pay any traffic fines, fee and costs that may become payable because of his/her involvement in the offence and where a court of competent jurisdiction has found the Hirer guilty of such offence.

13. Termination
If, in the reasonable opinion of the Operator (whether caught on the road or otherwise reported), that the Hirer’s driving is likely to pose a real danger to himself/herself/themselves and/or the lives of any other person and that the Hirer has breached any of the terms and conditions of this Agreement without remedy, then –

a. the Operator may terminate this Agreement immediately with written or verbal notice; and

b. the Hirer must, as soon as practicable, return the Vehicle to the place of business of the Operator or Operator’s agent.

14. Dirty Vehicle Return Fee

a. Small compact vehicle or SUV – $30.00 WST.

b. 7 Seater Van, HiAce Van and Truck – $50.00 WST.