The following terms and conditions are established and shall govern the service contracts offered by KAWASCARS through its website. By paying and confirming your reservation, you acknowledge that you have read, understood and agree to be bound by these Terms of Service and all applicable local laws and regulations.
Current version published on 01/August/2023
Current version effective 01/August/2023
GENERAL CONDITIONS OF RENTAL CONTRACT AND TERMS OF CONTRACT FOR KAWASCARS MOTOR VEHICLES .
GENERAL: By means of the present contract -which is complementary to the vehicle rental contract signed by the parties- Kawascars (hereinafter "The Owner"), rents to the undersigned already identified in the contract (hereinafter "The Renter") a Campervan style vehicle whose make, model and other specifications were indicated in the contract.
Renter shall be credited that Renter rents the vehicle to Owner on the basis that the information provided by Renter regarding Renter's identity, age, address, physical and mental capacity, and possession of a legal driver's license is true, valid and current. Owner shall reserve all civil and criminal actions in case Renter's individualization proves to be false or manifestly inaccurate.
For all legal aspects, by renting a vehicle from KAWASCARS, Renter accepts that: (i) he/she enters into a legally binding contract between the parties; (ii) he/she is responsible for knowing all the documents that make up the rental contract, namely: the Contract, the General Conditions of the Rental Contract and the Terms and Conditions of the Rental Contract.
2- RESERVATION: Kawascars offers to the visitors of its web site the rental of Campervans or vehicles for a limited time. The renter will request a reservation indicating: (i) start and end date and time of the rental, (ii) pick up and drop off location, (iii) van category. This request will be confirmed once the renter pays 100% of the total amount of the rental, not reserving those dates for himself, as long as such payment is credited. Kawascars does not confirm model, color or specific make of vehicle; it only confirms category. NO SHOWS will not be reimbursed in case there is no notice at least 30 days before the pick up date.
DRIVERS: The vehicle covered by this contract shall be driven solely and exclusively by Renter or by other drivers authorized and declared at the time of signing the contract, in which case, the names and records must be filled out in due form. Drivers shall in no case be under 18 years of age, and in case this happens, the insurance company contracted by Kawascars will not have coverage during the rental, being the sole and absolute responsibility of the Renter, who assumes the charges for all damages that such circumstance may cause to the company, the vehicle and third parties. In case of additional drivers, they must present the same documentation as the main driver. To authorize another driver, a copy of the driver's license and identity card or passport must be provided. The documentation must be valid until the end of the contract.
4- DELIVERY: The Lessee declares to receive the referred vehicle in perfect mechanical condition, in perfect working condition and in perfect bodywork condition. To this effect, Renter also declares to have verified that the rented vehicle has the equipment, accessories, vehicle registration certificate, civil liability insurance and technical inspection up to date, according to the legal standard, as well as the details referred to in the respective Vehicle Condition Checklist, which Renter has signed at the time of renting the vehicle.
It is the Renter's responsibility to request this particular form. In any case, if the vehicle is not delivered on time and in the conditions stated above, whatever the situation or circumstance, Renter shall compensate Owner.
FORCE MAJEURE: In case of prohibition of circulation of vehicles determined by external agents (government, government official, undersecretary, etc.) that applies to certain license plates, Renter shall not be liable for the days not used, nor shall Renter be obliged to replace the vehicle involved. Any extra charges that this prohibition may cause, will be applied to the Renter (transfer fees, parking fees, etc.).
RENTAL PERIOD: The rental of the vehicle will have an exclusive duration for the period indicated in the Contract, expiring on the day and at the time indicated therein. Once the rental contract has expired, the vehicle and its occupants are exempt from any insurance coverage contracted, being from that moment on the exclusive responsibility of the Renter for any circumstance, fact or event, whatever its nature, that may arise.
A rental day shall be understood as a period of 24 consecutive hours, computed from the moment of delivery of the rented vehicle. Beyond this time, an additional day will be charged. Any additional day beyond those specified in the contract may be charged at a rate higher than the rate given, or there may be a surcharge.
RENTAL PERIOD EXTENSION: Should the Tenant wish to extend the rental period, he/she must inform the Owner by e-mail, and must do so before the expiration date agreed upon in the contract. The Owner reserves the right to authorize or deny such extension.
In the event that the extension is authorized, the contract shall only be deemed to be effectively extended once the Tenant pays the extension in full. Once formalized and paid, it shall be understood as an integral part of this contract.
In case the owner does not authorize the extension of the contract, the renter must deliver the vehicle on the date and time agreed upon in the initial contract. Otherwise, the prohibition of use will be applied, and the Owner will have the right to denounce the appropriation or theft of the vehicle, without the need of any other proof other than the theft without the express consent of the owner. To that effect, he will not have any insurance coverage during that period, being the renter the only responsible for the damages caused to the vehicle or third parties.
6- RETURNS: The vehicle must be returned in exactly the same mechanical, bodywork, accessories and operating conditions as it was at the beginning of the rental; these conditions were reflected in the Vehicle Condition Checklist duly signed by both parties with the exception of those parts and pieces that may have natural wear and tear, which are dictated by the vehicle's manufacturing standards. The Lessee shall always be obliged to return the vehicle delivered on lease at the place indicated in the contract, unless an exception has been agreed upon by both parties; such exception shall be stated in the Contract.
In the event that Renter returns the vehicle during non-business hours or when a company representative is not available, using the key drop box, the vehicle will be checked after delivery, and the result of the vehicle's condition will be made available to Renter. Should any difference arise in the Vehicle Condition Checklist between delivery and return, damages will be charged to the customer at a later date.
Any delay exceeding one hour in the return of the vehicle (with respect to the agreed period for the duration of the rental), and without having made the corresponding extension, the Renter will be obliged to pay an additional day's rental, and so on every 24 hours, without prejudice to other penalties, legal actions and additional charges that may apply. It is also stated for the record that, during this period, the vehicle will not have insurance coverage.
Renter is obliged to return the vehicle with the same level of fuel with which it was delivered, otherwise, the cost of fuel will be charged as necessary according to the cost of fuel per liter specified in the Contract, taking into consideration each eighth of a tank in comparison with the fuel gauge at the point of departure. Renter may not claim any reimbursement in the event that the vehicle has been returned with more fuel than it had at the time of delivery.
The Renter must ensure that all personal belongings are removed from the rented vehicle, this being the Renter's sole responsibility.
No return of vehicles outside the country is allowed.
7- PRICES/RATES: The final rental rate will be calculated taking into account the following:
a) Rate for the rental period. Any day in addition to that agreed in the contract may be charged at a higher rate than specified or may have a surcharge rate.
b) Rate per kilometer. This rate is per kilometers traveled, unless there is an agreement for unlimited kilometers or special rates according to agreement. The rate per kilometer is based on the agreed value per kilometer unit. For the final calculation, this rate shall be multiplied by the total kilometers traveled between the time of delivery indicated in the Contract and the subsequent return of the vehicle.
c) Coverage and/or insurance charges, additional services and return of the vehicle in a different office than the one where the rental was made (Drop Off). Domestic One Ways are allowed between offices. One way international trips are not allowed, that is, trips that end in cities outside Chile. In case of dropping off a car abroad, a fine of USD 10,000 plus all associated costs for bringing the car back to Chile will be charged.
d) Taxes according to current legislation.
e) The cost of the fuel used, when the fuel gauge of the vehicle shows a difference with respect to the fuel registered in the Vehicle Condition Checklist. If Renter returns the vehicle with a full tank of fuel, this cost will not be taken into account.
f) Equipment, accessories, extras or additional services that have been requested together with the rental of the vehicle or afterwards.
g) Special permission to cross borders.
h) Any special charges previously agreed or involving Renter for improper use, misuse of the rented vehicle, or for fines originated by traffic law violations even if these charges arise after the termination of this contract.
i) All damages to parts and pieces that are not associated with natural wear and tear dictated by the manufacturer's standards, and that have occurred during the term of the rental, shall be charged to Renter. In addition, loss of any of the vehicle's accessories, e.g. vehicle documentation or license plates, will be charged.
j) Charges related to transfer or salvage associated with abandonment, accidents or misuse attributed to Renter, within or outside the limits of the national territory.
GUARANTEES: To guarantee the payment of the services rendered, prior to the delivery of the vehicle and together with the signing of the rental contract, a signed blank personal credit card voucher will be requested; and the commercial executive will request an authorization code for a fixed amount from the company that administers this particular credit card. Cash and the following credit cards are Visa, American Express, Diners Club and Mastercard. The primary credit card holder must be the holder of the reservation and rental agreement, and must be present at the time of rental. The amount of the guarantee will depend on the CDW contracted, being the minimum value $750,000 Chilean pesos. The updated guarantee value will be informed prior to the rental.
In the case of reservations generated by international clients who have not contracted the basic CDW ("Collision Damage Waiver") insurance, an additional guarantee in the order of $3,000 USD will be requested. In this case, the Renter will be required to sign a declaration of declination of the basic liability insurance and will be liable up to the full value of the vehicle, including towing charges, storage charges, legal and administrative expenses and a charge for the inability to use the car . In the case of Renters requesting an international permit to cross the border into Argentina, CDW insurance is mandatory. When the rental involves a crossing permit to Argentina, external insurance companies and credit cards of external operators are not allowed.
The Owner is authorized to maintain this guarantee even after the termination of the contract, and as long as the collection of the additional rent is pending or the pecuniary responsibility for any event has not been fully determined. Tenant expressly authorizes Owner to execute the guarantee in whole or in part, and without further delay; and may dispose of it for the purpose of collecting from Tenant the payment of amounts owed by Tenant, the concepts of which originated in the Lease. In the event that the guarantee is not sufficient to cover the amount of the debt, Renter expressly authorizes Owner to make a new withholding to the bank credit card, in order to satisfy in full the amount owed. The payment of balances or amounts owed may be obtained by judicial or extrajudicial means, carried out by the Owner's own personnel or by collection agents; collection costs shall be borne by the debtor. These debts may be published in commercial bulletins.
The Lessee is authorized to keep and collect this security deposit as long as it has not been definitively excluded from all liability for these concepts. Notwithstanding the foregoing and for the sole purpose of payment of the aforementioned concepts and the obligations contained in the general contracting conditions, Renter grants special and irrevocable powers in the terms of article 241 of the Code of Commerce in favor of Kawascars so that through any of its legal representatives acting in its name and on its behalf, it may sign and fill out a credit card voucher with its respective authorization code.
AUTHORIZATION: In compliance with Article Number 4 of Law 19.628, Renter expressly authorizes Renter to inform a personal data bank or a commercial bulletin of Renter's notice of default or non-compliance with Renter's financial obligations as expressed in this contract.
9- BORDER CROSSING: Border crossing shall be authorized only to the Republic of Argentina. This permit must be requested at the time of contracting the service or at least 10 days before the beginning of the rental. For the issuance of such permit, a legible copy of the driver's license, copy of the identity card or passport must be sent to info@kawascars.com. The cost of the permit will depend on the duration of the stay outside Chile. For all border crossing permits requested by Argentinean citizens residing in Chile, they must prove a minimum residence of 7 years in Chile and must present a valid Chilean identity card. Kawascars will not be responsible if the vehicle cannot leave the country due to non-compliance with the requirements or due to external situations beyond our responsibility. For all reservations with international permits, there is an additional waiting time of one hour at the counter for customs procedures. Once crossed the border, the car is not protected in case of accidents, theft or robbery, only the insurance coverage against third parties with a limit of liability will apply.
Outside the limits of the national territory, Kawascars will not provide a replacement vehicle. In case of total or partial theft or damage of the vehicle outside the Chilean territory, the procedure indicated in Clause 15 on losses, the corresponding report or proof must be presented to the authorities of the country where the event occurred. It is the responsibility and cost of the lessee to repatriate the vehicle, therefore it is essential that the lessee accompanies the vehicle at the moment of entering the country.
If the border is not crossed before the return date indicated in the contract, the vehicle will remain in Argentine territory and, therefore, the Renter must pay the total value of the vehicle or the expenses incurred to repatriate it. Vehicle returns outside Chile are not allowed. In case of abandonment outside the limits of the national territory, Renter will be responsible for all charges associated with the repatriation of the vehicle, with a minimum cost of $10.000 USD.
10.- PROHIBITIONS: With respect to the rented vehicle, it is forbidden:
a. Allowing the vehicle to be driven by any unauthorized person, not even occasionally.
b. Use the vehicle for paid transportation or use the vehicle as public passenger transportation.
c. Making repairs to the vehicle, alterations or modifications of any kind without the consent of the Owner.
d. Using the vehicle for any purpose other than that specified, or for the transportation of heavy cargo or packages in excess of the maximum load capacity established by the manufacturer. Vehicle may not be used to tow or push another vehicle; may not pull a trailer; and may not be used in other dangerous or unlawful activities.
e. Driving the car under the influence of drugs or narcotics, under the influence of alcohol and less in a state of drunkenness, or driving without the documents and driver's license required by the authorities; furthermore, it is forbidden for the driver of a rented vehicle to refuse to submit to a breathalyzer test or any other test required by the competent authority. In this case, the insurance shall not cover any damage or loss caused.
F. Taking the car out of the national territory or beyond the maximum radius established in this contract, except for international permission issued by the Owner.
g. Subletting or subletting the rental or possession of the vehicle to a third party. In this case, Renter shall be liable for the acts of his dependents as if they were his own, and in no case when the vehicle suffers loss or causes damage to Owner or a third party while being driven by non-permitted persons as mentioned above.
H. Driving in areas or places that are not roads duly enabled by the competent authorities.
i. Abandonment of the vehicle in case of breakdown, loss or any other cause. In this particular case, the Renter shall coordinate the towing of the vehicle using the roadside assistance service, thus being responsible for all rescue expenses.
j. Committing traffic infractions according to the Chilean traffic law in force.
To the maximum extent permitted by applicable law, in no event shall Kawascars be liable for (i) direct or indirect, punitive, incidental (ii) personal injury or property damage of any nature whatsoever, arising out of or related to the improper use of the service provided.
11.- TRAFFIC FINES: Renter agrees and undertakes to comply with the traffic rules and laws, as well as the instructions given by the authority and its agents during the use of the rented vehicle, assuming full responsibility for penalties, fines or fines for traffic violations or violations of municipal law or by any competent authority. Therefore, it is the responsibility of Renter or any of the authorized drivers to pay any expenses that may be imposed on Owner.
For all purposes, including the cases mentioned in the preceding paragraphs, Renter irrevocably authorizes Owner to charge Renter's credit card for late charges, corresponding to the amounts of fines owed for traffic law violations committed during the rental period, as well as the amounts owed for damages to the rented vehicle to third parties. In those cases in which the payment is not made through credit card, the charges for the indicated concepts will be reflected in the direct invoice to the company or lessee of the vehicle, being this person or company responsible for the final payment. The above cases may be charged up to two years after the return of the vehicle.
RESPONSIBILITIES: The lessee is obliged to use the vehicle in accordance with its natural destination and characteristics. It is the Renter's responsibility the custody and conservation of the vehicle, as well as the damages caused to the rented vehicle. Renter shall be liable in case of theft, as well as for all damages caused by accident (or salvage) until the return of the vehicle to its Owner, all in accordance with the general conditions of this contract up to a value equivalent to the commercial value of the vehicle; to which must be added the loss of profit in favor of the Owner due to the devaluation of the vehicle. The loss of profit shall be calculated on the agreed rental price.
In the same way, Renter shall be liable for any loss, accident, damage or compensation for loss including moral damage that may affect both own or third parties' vehicles or property, as well as himself and/or third parties, due to the use of the rented property, for which Renter shall be obliged to bear the pecuniary and other consequences of the damage caused, whoever is responsible for the accident. Renter is obliged to reimburse Owner for any amount that Owner is obliged to pay to third parties by reason of the ownership of the vehicle, as a consequence of the above facts, even if the amounts may be determined by court judgment or, product of a transaction and/or agreement. The current obligation shall subsist even after the termination of the contract and is independent of who is responsible for the loss.
Damages caused to the vehicle and its accessories by Renter or by a third party shall be at Renter's expense, unless the return is made under the terms indicated in the third clause.
ROAD ASSISTANCE: Roadside assistance is defined as the roadside support received by Renter in the event of a claim and/or accident in which he/she may be involved. Such support consists of: On-site repairs to the vehicle in emergency conditions so that the Renter can continue with his/her trip (On-site repairs are: battery charging or jump starting, changing tires (using the spare tire) and unlocking locked vehicle doors).
If the repair is not feasible, towing service will be considered to have the vehicle and occupants moved to a safe location or a Kawascars office. In this case, a replacement vehicle may be provided at the nearest Kawascars office (subject to availability). Such replacement must be coordinated between Owner and Renter during business hours via Kawascars email.
To coordinate the assistance service, Renter must call the telephone number on the contract. The waiting time for the towing service will be subject to the distance of the vehicle, as well as subject to the availability of tow trucks at the time of the incident.
14- REPLACEMENTS: The vehicle will be replaced at no additional cost to the initial fixed price when it presents mechanical breakdowns that are not caused by negligence or misuse by Renter, all in accordance with the contract. Replacements will be subject to current availability. In order for the replacement to work, it shall be an indispensable requirement that the driver complies with the 15th statement of the claim clause. In the event that the vehicle breaks down due to negligent driving or any of the prohibitions set forth in the general conditions of the rental contract have been violated, the contract shall be terminated immediately without the need to replace the vehicle, charging the daily rate until the day of delivery of the vehicle effectively used; plus all costs and damages resulting from the loss.
15. LOSSES: In case of accident, loss or damage of the rented vehicle, Renter or driver must report the event immediately to any of Owner's offices or through Kawascars email. In the event of an accident or damage that prevents the vehicle from being driven, the roadside assistance service will coordinate a tow truck to remove the vehicle. If a replacement vehicle is needed, the Roadside Assistance Service will inform the nearest office and the originating office to coordinate a replacement unit, subject to availability at that time. When out of the country, Kawascars will not deliver a replacement vehicle.
In case of loss or damage, the Renter must sign a simple affidavit by e-mail, detailing the causes and circumstances of the loss, all within 12 hours after the loss, indicating the date, place, circumstances and estimated cost of the damage.
In case of total or partial theft, as well as collision or collision with injured persons of any kind (third parties, passengers, drivers) and misdemeanors, it is of utmost importance to go to the nearest police station and inform Kawascars in writing of the fact immediately so that a report of the events occurred can be made; unless there is a duly justified physical impediment.
The police report and simple affidavit shall be filed regardless of whether or not Renter has taken out insurance linked to Kawascars.
If there is a third party involved of any kind, all the information about them should be collected: name, RUT number, license plate number of the vehicles involved, make and model, telephone numbers, insurance company, etc. If possible, it is advisable to produce a visual record of the event (photographs) of the place and the vehicles involved.
In case the report or statement is not presented in any of the Kawascars offices within the established deadlines, the Renter's credit card will be charged the full amount of the damages to the vehicle and third parties. The cost of salvage of the vehicle in case of accident is not included for insurance purposes.
No transactions or agreements with third parties are allowed, as they induce a refusal of insurance coverage in all insurance companies involved. Should this situation arise, the Renter will be responsible for all costs associated with the repair of the vehicle.
In the event that the loss occurs outside Chilean territory, the corresponding declaration or report must be submitted to the authorities of the country where the event occurred. Renter shall refrain from making statements that may compromise Owner in any way. Failure to comply with this obligation will make Renter liable for all the damages that this situation may cause to Owner, notwithstanding the denial of the coverage that may have been contracted.
COVERAGES: During the term of the contract, Renter may protect his pecuniary liability for damages caused to the rented vehicle, in case of collision, overturning, fire, theft or robbery of the vehicle and its accessories, for damages to persons, driver and passenger, and other specific emergencies involving Renter by paying Owner the corresponding daily rate. All coverages described above shall apply only within the National Territory of Chile, unless otherwise specified. All coverage is conditioned to the due compliance of the procedures indicated in Clause 15 Claims.
CDW (Collision Damage Waiver) INSURANCE: (Collition Damage Waiver): For all purposes of this contract, this type of liability waiver shall be referred to as the CDW coverage clause. It is mandatory to have CDW insurance, which is contracted directly with Kawascars. Alternatively, Renter may prove that he/she has this type of insurance through a credit card, this may be done by presenting the corresponding documentation, in which case, Renter must leave an additional guarantee in accordance with the provisions of clause 8 When having an external insurance, the charges derived from losses or accidents will be charged in full to Renter, who must request reimbursement from the corresponding credit card company.
This type of CDW insurance contemplates the liability exemption established in this contract up to the commercial value of the vehicle delivered on lease for damages it may suffer, and up to the amount indicated in the particular conditions of coverage for civil liability coverage.
This insurance has a deductible for accidents, loss or damage to all events to be charged, which is 10 UF on the day of return, and shall apply to all categories of rented vehicles. The value of the deductible will be charged to the Renter, whether or not he/she is at fault for the events that caused the damage.
Even if the rental has been agreed with or without CDW coverage clause, the Renter shall always be exclusively responsible for the following situations:
(a) For all damages caused by Renter or by a third party to the vehicle or its accessories, when the contract or the authorized extension has expired.
b) Damage caused to and/or by the Renter's belongings, including the belongings of third parties being transported in the rented vehicle.
c) The loss of the effects referred to in the previous letter, even if the loss occurs before, during or after the return of the vehicle.
d) Damages that may be caused by contravening any of Renter's obligations under this contract.
e) Damages to the rented vehicle resulting from accidents due to violation of any traffic law, or involving the commission of a serious or quasi-criminal offense. Also, when the driver of the rented vehicle refuses to take a breathalyzer test, is under the influence of psychotropic or unauthorized drugs, or does not have a valid driver's license, or any other that may apply.
f) Charges for Vehicle Rescue after an accident, even within the national territory or outside the country, in case of the driver's responsibility.
g) Theft, robbery or partial loss of the rented vehicle's accessories, unless additional insurance coverage has been contracted for these concepts.
h) Damage to headlights, windshields, tires and rims.
i) Any damage attributed to driving over dunes, watercourses, rivers, beaches, lakes or land not intended for the transit of motor vehicles or, in general, to driving on unauthorized roads or routes. And, in turn, for the improper use or mishandling of the rented vehicle, verified by an authorized Kawascars workshop or by Kawascars mechanical workshops, by means of a technical report.
j) Damages suffered by the vehicle when the driver flees from the place of the accident.
17.- ADDRESS: For all the effects derived from the present contract of the actions that may derive from the same or from the use of the vehicle that is rented, both parties establish address in the city of Santiago de Chile and are subject to the jurisdiction of its Courts of Justice, renouncing to this effect to any other jurisdiction that could assist them.
These "General Terms and Conditions of Rental Agreement and Terms of Motor Vehicle Contract" are an integral part of the "Special Terms and Conditions of Vehicle Rental Agreement", for all legal purposes. In the event of any difference of interpretation between the English and Spanish text, the Spanish text shall prevail".