ARTICLE 1: GENERAL CONDITIONS The General Rental Conditions will apply to all rentals granted by the company PLAYA GRANDE RENTALS & TOURS LLC LTDA, a company that is duly constituted under the laws of the Republic of Costa Rica, with legal entity certificate number 3-102- 859324, from now on and for all purposes of this contract called the “Lessor.”

The “Client,” who in this act expresses his express acceptance and gives his full consent to the General Rental Conditions without reservation and authorizes the Lessor to make the corresponding blockages to the credit card provided for such purposes, as well as to make any future deduction of additional charges arising from the breach of the rental contract.

During the rental period, the Renter will have full custody and will be solely responsible for the vehicle. When applying, it is an essential requirement for the rental of the vehicle that the Renter shows that his driving license is currently valid. Likewise, the Renter or any designated driver must be over 21 years of age and have a valid driving license. If the driver is under 21 years old, a surcharge will be applied to the total amount of the reservation.

Consider that the rental of certain types or categories of vehicles will be subject to and require different and particular payment instruments. Additionally, they will be subject to minimum age conditions according to their class, which the Client will be informed of in advance if applicable.

ARTICLE 2: OWNERSHIP USE AND HANDLING OF THE VEHICLE

The rented vehicle (scooter, e-bike, banana bike, golf cart, or ATV) is the exclusive property of the Lessor, the only one authorized to transfer the ownership of the leased vehicle, and the various rights and obligations embodied throughout this contract.

The rented vehicle may only be driven within the national territory of the Republic of Costa Rica by the Client or persons duly expressly authorized within this contract. Failure to comply with this obligation generates the total and automatic liability of the Client towards the Lessor and/or third parties. Additionally, the Client will also be responsible for the administrative expenses and will be obliged to compensate the Lessor for what was lost due to the lack of availability of the vehicle for rent. Finally, the Customer must assume the corresponding cost for crane service as appropriate.

If the client incurs a breach of the Law of Traffic on Public Land Roads and Road Safety, and as a consequence, the stopped vehicle is made, the Client must pay the Lessor half of the daily rate outlined in this Agreement.

ARTICLE 3: DELIVERY AND RETURN OF THE VEHICLE The delivery of the vehicle to the Customer will be made at the rental offices of the Lessor. Within the working hours of the rental office of the Lessor or before the stipulated date if the Lessor requires it. Suppose the Lessor has previously authorized the Customer to return the vehicle in a place other than the rental offices of the latter. In that case, the Customer will remain responsible for the vehicle and must respond for any damage until the actual delivery of the vehicle to the Lessor has been made in its rental offices. The Renter will not be authorized to deliver the rented vehicle in a place other than the rental office provided in his contract. If the Client returns the vehicle in an area not foreseen or authorized by the Lessor in its contract, said Client will incur a penalty for “Vehicle Abandonment,” an amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or exhibited in the rental offices. Additionally, the Client must cover the expenses incurred by the Lessor for the recovery of the vehicle, the amount of which will be established and will depend on the place, time, and day of the recovery of the vehicle by the Lessor. The Client accepts that, in case of not returning the vehicle as stipulated in this contract, he waives to make any subsequent claim of any kind to the Lessor for any damage that he considers caused by the recovery of the vehicle by the Lessor. Whenever a vehicle is returned outside office hours and after the closing time displayed at the rental offices, in particular, due to the delay of flights, the Customer will be charged an additional delivery or return charge for the concept of “outside office hours ” for an additional amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or exhibited in the rental offices.

ARTICLE 4: CONDITION OF THE VEHICLE: A vehicle description will be delivered to the Customer. Only an employee of the Lessor will be authorized to fill out the form describing the initial condition of the rented vehicle. In case of not complying with the above, the Lessor will be considered to have provided a vehicle according to the description. The Lessor will be entitled and may not take into account claims relating to damages not established in the form describing the initial state of the rented vehicle at the Time of departure. The Customer will be obligated to deliver the rented vehicle in the same condition he received it. All repair costs incurred by the Customer’s fault or in the absence of responsibility on the part of an identified third party will be added to the amount established for rental, by and hand in hand with the provisions of the section “INSURANCE AND EXEMPTION FROM ADDITIONAL DAMAGES.” The Lessor undertakes to provide a vehicle for a specific category, not a particular model or brand.

The Customer must return the rented vehicle in the same cleanliness it was when it was delivered. If the vehicle at the time of return is filthy (animal hair, sand, mud, stained seats, cigarette smell, brands, etc.), the Lessor will have the power to invoice the Customer an additional amount for “Cleaning and Repair,” amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or exhibited in the rental offices. The vehicle has tires whose condition and number correspond to fully comply with the traffic regulations applicable in the Republic of Costa Rica. The customer shall pay for any damage or theft of tires, rings, wheel and disc system, tire accessories, flat tires, and fuel.

In case of loss and/or damage to the keys (moisture, fall damage, etc.), towing, copying the key, and reinstalling the anti-theft device will be charged to the Customer, regardless of the insurance available.

ARTICLE 5: EXCLUSION OF INSURANCE The Client assumes total and complete responsibility for the total amount of the repair or replacement of the vehicle, any of its parts, and its accessories in those cases where the insurance coverage is insufficient to cover the entire amount of the incident occurred, or in case of the Client incurs in any action or omission that generates the exclusion, and that merits that the insurer denies the corresponding payment.

Attached are the causes of insurance exclusion, which in this act are understood and accepted by the Client:

-The rented vehicle is used by persons other than those approved by the Lessor, for whom it must respond.

-That a driver drives the rented vehicle under the influence of alcohol or substances that modify the reflexes necessary for driving.

-That the leased vehicle is used to push, pull or tow any other vehicle.

-That is used to compete in illegal or legal races.

-That the vehicle is subleased or rented to a third party.

-That the rented vehicle is used for the transport of people in exchange for remuneration.

-That the leased vehicle is used to transport more passengers than authorized or to load a weight more significant than the vehicle’s load capacity. 

-That the rented vehicle is used to give driving lessons.

-That the rented vehicle is used to transport dangerous substances (flammable or explosive) or goods that emit foul odors.

-That the rented vehicle is used to be transported on board a boat, ferry, etc.

– That the vehicle has been used on beaches, in unauthorized areas, or to cross bodies of water, such as rivers and streams.

-When the driver lacks a valid license, up to date and accepted by the Costa Rican authorities, which implies the obligation to have a national license in case the driver has more than three months of residing in the country. Additionally, the Client may not, in any case, assign, sell, mortgage, or pledge this contract, the vehicle, its equipment, or tools or manipulate them in a way that may cause damage to the Lessor.

ARTICLE 6: RENTAL: At the time of booking the vehicle either through our website, through an agency, a broker, or a company, the General Rental Conditions are established at the time of making reservation. Likewise, at that time, you must make a security deposit, which must be made through the Client’s credit card and will be an essential condition for the delivery of the rented vehicle. Suppose the amount established as a security deposit is not available. In that case, the Lessor may refuse to deliver the vehicle to the Renter and terminate the rental agreement without further declaration and automatically.

6.1           LIABILITY OF THE HOLDER OF THE BANK CARD OR THE ISSUER OF A TRAVEL VOUCHER OR A RESERVATION ORDER

When the rental is granted upon presentation of a bank card, a travel voucher, or a reservation order, the Lessor will invoice the issuer of the voucher travel or booking order, which will be responsible under the contractual provisions:

  • For the use of the rented vehicle,
  • Payment of rent and all related expenses,
  • And you will remain responsible for any rental extension or the vehicle’s disappearance.
  •  SECURITY DEPOSIT:

When removing the vehicle, the Customer must deposit to guarantee the Lessor the time of use of the vehicle. This deposit must be made through the Client’s credit card for a certain amount the Lessor will establish. The credit card with which the guarantee deposit is made must have the client’s surname and name, and the provisions specified in this contract will be respected. The card’s owner must be the person established as the vehicle’s main driver in the rental agreement. 

The amount deposited as a guarantee may be used for replacing missing or damaged vehicles to the vehicle, canceling the fuel owed, cleaning the vehicle, or any other of the benefits to which the Client is obliged. If the deposit made by the Customer is insufficient, the Customer must cancel the difference corresponding to the Lessor at the time of returning the vehicle.

6.3  PREPAYMENT – EXTENSION:

The Lessor will demand the payment of the entire amount established for the rental of the vehicle before the delivery of this to the Client, under the conditions stipulated by it, which will be empowered to provide for the payment of rent in several tracts. The advance payment may not, in any case, be used as a means to extend the term of the rental. The rental price and the advance payment amount will be provided in the Price Table of the Lessor, which the Client declares to know and accept. In case the Client wishes to keep his vehicle longer than initially agreed, he must first obtain the permission of the Lessor, visit one of the rental offices of the Lessor and pay, according to the Price Table, the amount of rent in progress. In case of non-compliance with the provisions of this clause, the Lessor will be entitled to file and follow the corresponding legal proceedings against the Client.

6.4  PAYMENT

The Renter undertakes to pay the Lessor once the rental has ended and the vehicle has been returned (including equipment, accessories, corresponding documents, and keys):

-All sums due for the rental period, the kilometers traveled, and the amount for additional insurance coverage and any other optional services that the Client has taken;

-The corresponding amount for the recovery of the vehicle, in case it has been left in another place not approved in advance by the Lessor; 

All taxes, whether direct or indirect, to be paid on the value of this contract, premiums, costs, and indemnities provided for in this article;

-The amounts owed for traffic and parking violations under applicable law during the term of this contract;

-In case of advance payment by the Customer, the amount of the outstanding balance of the invoice, if any, will be immediately charged to the account corresponding to the credit card presented unless the Customer offers another payment instrument accepted by the Lessor.

  • The customer accepts and authorizes, through this contract, that all additional expenses related to the vehicle, its rental, or its use (fuel, repairs, traffic violations, etc.) will be debited from the same account.

If a promotional rate is applied, failure to comply with the rental period agreed upon at the time of delivery of the vehicle will imply the automatic application of the rates established by the Lessor for that moment. However, according to the pace set by the Lessor and the towing costs, the corresponding amount must be paid by the Client even when he has contracted additional insurance.

  • The amounts established in the contract as the rental price will not be considered final amounts until the agreement is terminated. The Lessee reserves the right to review the specified amounts and readjust them to determine the actual amount. Likewise, the Client will be obliged to cancel any difference estimated by the Lessor, and otherwise, he will receive the corresponding refund; in the event of a breach of a said obligation, the Client must pay an interest of 10% on a monthly basis.
  •  In the event of an accident, the Client authorizes the Lessee not to close the invoice, whether the Client’s fault causes it or not, until a final court judgment is obtained, issued by the Courts of Costa Rica, and the insurance company receives approval. Additionally, the Client authorizes not to close its invoice until all outstanding charges in its name or service are covered.
    • RESERVATION GUARANTEE The reservation will be guaranteed for up to 24 (twenty-four) hours if the reservation has been prepaid and the flight details have been indicated for the Time to make the reservation. However, if the reservation has yet to be prepaid, it will be guaranteed up to 1 (one) hour after the established arrival time by the Customer. Regardless of whether the reservation has been prepaid, once the time established has ended, the reserved category may vary without implying any responsibility for the Lessor. If the Customer requests a vehicle of a better type than the one previously requested, the Customer will be responsible and must cover the amount corresponding to the price difference. The Client will not be given any amount for the change of category to a minor.

 

ARTICLE 7: CANCELLATION OF THE RESERVATION BY THE CLIENT The Client will be entitled to cancel his reservation according to the following conditions:

-If the cancellation is made at least 30 (thirty) calendar days before the scheduled date for the start of the rental, the Client  will be refunded the entire amount corresponding to his rental, less the expenses incurred by the Lessor for cancellation, the which will be  established according to the  rates previously set by the Lessor and that will be exposed and/or exhibited in the offices by the concept of “administration fee,”

 -If the cancellation is made between 29 (twenty-nine) and 15 (fifteen) calendar days before the scheduled start date of the rental, the Client will be refunded the entire amount corresponding to his rental, less the expenses incurred by the Lessor for cancellation, corresponding to 10% (ten percent) of the total amount of the reservation. Likewise, the Lessor will have established a minimum rate for this concept, displayed on the Lessor’s website.

-If the cancellation is made between 14 (fourteen) and 3 (three) calendar days before the scheduled start date of the rental, the corresponding total amount will be returned to the Client to your rent, less the expenses incurred by the Lessor for cancellation, corresponding to 75% (seventy-five percent) of the total amount of the reservation. Likewise, the Lessor will have established a minimum rate for this concept, displayed on the Lessor’s website.

The Lessor will only make a refund for cancellation if this is made 2 (two) calendar days before the scheduled date for the start of the rental or if the Renter does not rent the vehicle on the date of booking.

 

ARTICLE 8: INSURANCE AND EXEMPTION FROM ADDITIONAL DAMAGE

All our vehicles are covered by an insurance policy, which is described below:

  1. LIA is the mandatory Civil Liability and is included in all rates covered by the SOA. The SOA covers any injury or death caused to people (pedestrians or occupants of the vehicle) by a traffic accident, whether or not the driver is subjectively responsible. This insurance has a maximum coverage amount established by Costa Rican law. Likewise, in the Law of Traffic on Public Land Roads and Road Safety, the limits of coverage of said insurance are set.
  2. SLI is the complementary Civil Liability; said insurance is not mandatory, it is an Automotive Civil Liability Insurance Policy, which provides civil liability coverage by the amounts established by the rates previously set by the Lessor, and that will be exposed and/or displayed in the rental offices, by current regulations, as well as the following additional protection, which is optional:
  3. CDW is a coverage in which the Renter waives liability for total or partial damage caused to the vehicle by a collision. In this coverage, the client will be released from the payment of damages by paying a deductible. The Lessor and the previously established rates will be exposed and/or exhibited in the rental offices.
  4. THW is a coverage in which the Customer waives responsibility for the total theft of the vehicle. In this coverage, the client will be released from the payment of the complete theft, through the cost of a deductible, which the Lessor and the rates will previously establish will be exposed and/or exhibited in the rental offices.
  5. LDW (CDW + THW), in case the Client agrees to take the coverage for exoneration for loss or damages, his responsibility for damages and/or loss that occurred to the vehicle during the rental will be limited to the payment of a deductible according to the amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or displayed in the rental offices. This coverage is not insurance but is an exemption for loss or damage caused to the vehicle. Such exemption is given only if the client pays the deductible indicated by the Lessor. Likewise, this protection does not contemplate damage to the vehicle’s windows, rings, or tires.
  6. PDW is a partial coverage with a deductible, which means that it partially releases the Client in case of damage, collision, or theft of the vehicle in front of the Lessor, in whose the Client assumes responsibility for the payment of a deductible, which the Lessor and the rates will previously establish will be exposed and/or exhibited in the rental offices.
  7. TDW is a complementary coverage to the LDW that exempts the Client from paying the deductible; that is, it frees the client from covering the deductible marked by material damage or theft caused to the vehicle during the rental. All damages caused by negligence, violations of the lease, and/or insurance contract are excepted. This coverage does not apply to all vehicle categories.
  8. ASSVE, this coverage covers any loss related to the tires or damage to the windows and windshield of the vehicle during the rental without a deductible. It does not include the replacement of tires or roadside assistance.

The Lessor will have other types of coverage, detailed on our website, and its rates will be established according to previously set rates. They will be exposed and/or exhibited in the rental offices.

If the Client has not purchased roadside assistance coverage and this is requested, it will be provided to the Client, but an additional charge will be made for said service and the attention provided through the telephone call; the order will be made according to the rates previously established by the Lessor, which will be exposed and/or exhibited in the rental offices.

Likewise, the clarification is made that no insurance covers the damages caused or loss of the plates, the vehicle’s circulation documents, electronic devices provided by the Lessor, geolocation devices, chairs or equipment for minors or babies, GPS devices, WIFI, the security kit or those damages or dirt caused to the vehicle whether or not the smell of tobacco causes it, it is worth mentioning that no insurance covers the damages or dirt caused by tobacco.

The Client personally undertakes to comply with the following stipulations in the event of any circumstance that so warrants:

– Call the insurer through the emergency number indicated in the rectum of your contract.

 -Notify the Lessor immediately of the event or any unforeseen event that happened with the vehicle in the lease, such as accident, damage, or fire, and immediately notify the law enforcement authorities of any theft or personal injury.

– Sign the report sheet of the insurer and the corresponding traffic police ticket.

-Go to the offices of the Lessor within a maximum period of 2 (two) calendar days of the incident to present the ballots issued by the insurance company and the transit officer. 

-When going to the offices of the Lessor to deliver documents, you must additionally mention in detail the circumstances, the names, and addresses of the witnesses, the name and address of the insurance company of the opposing party, as well as the policy number.

Under no circumstances discuss liability, try to conciliate, or compromise with third parties concerning the accident.

-Only leave the vehicle with being able to guarantee its safety and protection.

Material damage and/or vehicle theft remain the Customer’s responsibility.  However, even if the Customer has agreed to pay one or more additional coverages to reduce its liability, it will remain fully responsible for all damage caused to the upper parts of the body by collision with a fixed or movable body (bridge, tunnel, garage, tree branch, other protruding objects, etc.).

The same shall apply to damage caused to the bodywork and mechanical parts under the vehicle (front wheel axle unit, oil pan, etc.). The renter shall be financially liable for all damage caused to the vehicle using the vehicle for land for which it was not designed or by off-road usage of the vehicle, even if the Renter has accepted additional coverage to reduce liability. The Customer shall also be fully responsible for all damage caused by water (rain, sea, etc.) due to the negligence of this (dangerous crossing of flooded areas, parking in an open place, parking in a place with risk of flooding) and any theft or damage of accessories and broken glass.

If the damage to the vehicle is less than the deductible, the Lessor will reimburse the Customer for the difference between these amounts. The amount of the damage will be the economic value of the loss suffered by the Lessor due to the damage, destruction, or theft of the vehicle rented by the Client. Accordingly, any amount claimed by the Lessor for damage to the rented vehicle will be estimated by an expert, and compensation will be established for repair costs, towing costs, cost of vehicle downtime, and administrative expenses and processing, according to the amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or exhibited in the rental offices If no repairs have been made, the Client must render the estimated amount of its cost as compensation for the loss of the market value of the vehicle.

Keep in mind that the Client may incur personal liability in the event of an accident involving circumstances caused by the violation of the Law on Traffic on Public Land Roads and Road Safety, regardless of the additional coverages that have been contracted. The Lessor shall be entitled to claim the total cost of repairs and damages suffered by the third parties involved from the Client at fault. The Lessor shall also have the right to terminate the contract and not to provide a replacement vehicle. Sums paid in advance shall be the property of the Lessor.

ARTICLE 9: FUEL

When apply, The Customer must pay for fuel. If the vehicle is returned with less fuel than it had at the time of delivery, the recharge of the amount for the rental of the vehicle plus the cost of the fuel missing to complete its recharge will be invoiced, according to the rates stipulated in the price list of the Lessor, which in this act the Client declares to understand and know.

ARTICLE 10: MAINTENANCE AND REPAIRS

The Customer must use the vehicle cautiously. The Customer shall be the sole custodian and be responsible for and in control of the conduction and transportation operations. The Customer shall regularly check the oil, water, and other fluids levels and carry out routine maintenance and prevention operations, particularly oil change and lubrication, in the Lessor’s workshops or previously authorized establishments. The Client must keep available to the Lessor the invoices and other evidence of these maintenance services. Repairs other than routine maintenance operations will require the prior authorization of the Lessor.

ARTICLE 11: GEOLOCATION

The Lessor informs the Client of a device that controls the kilometers traveled and manages the automated alerts. The information collected can be used both during and after the end of the rental period. Accepting these General Rental Conditions, the Customer consents to use these electronic devices. The Lessor also makes available to the Customer an optional geolocation instrument for eco-driving or security purposes (in case of theft of the rented vehicle). The Lessor and the Client are jointly responsible for the treatments applied by the Lessor in case of activation of this option. The Lessor undertakes to use it responsibly, particularly regarding its deactivation functionalities, the security and confidentiality of the data processed, and the possibility for interested persons to have access to your data recorded by the tool (dates and times of circulation, trips made, etc.).

ARTICLE 12: RESPONSIBILITY

By the Law on Traffic on Public Land Roads and Road Safety provisions, the Client will be solely responsible for all fines and police infractions made while in use and possession of the vehicle. Consequently, the Client undertakes to reimburse the Lessor for all expenses of this nature that must be incurred in favor of the Client. By the rule that the penalty applies only to the offender, the Customer shall be liable for infringements and violations committed during the rental period. The Client is informed that his name and address may be communicated, upon request, to the competent authorities and that, where appropriate, he must pay an amount that will be established according to the rates previously fixed by the Lessor and that will be exhibited and/or exhibited in the rental offices for processing the file.

The Client authorizes the Lessor to charge the amounts corresponding to said infractions, plus the interest accrued by them in accordance with the Law of Traffic on Public Land Roads and Road Safety, as well as an administrative payment according to the amount which will be established according to the rates previously set by the Lessor and that will be exposed and/or exhibited in the rental offices for the lifting of the infraction. 

 When returning the vehicle, the Client must notify the Lessor about any infraction incurred during the rental term and deliver the corresponding Tickets. Likewise, the Renter must verify that he remembers all personal objects in the vehicle. The Lessor will not be responsible for the loss or damage of the goods left in the vehicle, either during or after the rental period. Therefore, the forgotten objects will be sent at the request of the Customer in consideration at an administration fee according to the amount which will be established according to the previously fixed rates by the Lessor, and that will be exposed and/or exhibited in the rental offices, in addition to the shipping costs, which will be deducted from the security deposit.

ARTICLE 13: DURATION AND TERM OF THE CONTRACT

This rental is granted for a limited period specified on this contract’s first page. Suppose the vehicle is not returned to the Lessor on the agreed return date, and there is no written authorization for an extension. In that case, the Lessor reserves the right to remove the vehicle wherever it is at that moment. The Customer shall bear timing and costs; in this case, it is understood that the Customer shall not be entitled to claim undue termination of the contract. The rental days are invoiced in twenty-four-hour units 59 (fifty-nine) minutes after the expiration of the contractual term; an additional day will be invoiced, which is accepted in this act by the Customer.

ARTICLE 14: NON-COMPLIANCE WITH CONTRACT

Failure to comply with the rental conditions by the Customer will result in the unilateral termination of the rental contract by the Lessor, without prejudice to the damages that the Lessor may claim from the Customer for such breach.

ARTICLE 15: RESOLUTION OF CONFLICTS

This contract is governed by the current and applicable legislation of the Republic of Costa Rica. In case of a conflict between the parties, they expressly agree that the client will contact the Lessor’s Customer Service to resolve it amicably. If this process fails, such differences shall be submitted in the first instance to conciliation by the regulations of the Costa Rican Bar Association, to whose rules the parties submit voluntarily and unconditionally. The conciliation hearings will be held at the Costa Rican Bar Association in San José, Republic of Costa Rica. The conciliation will be directed by a conciliator appointed by the Costa Rican Bar Association. If the dispute is not resolved after three conciliation sessions, or if aspects remain without Within the conciliation process, the conflict will be determined by arbitration of law by the rules of the Costa Rican Bar Association, to whose practices the parties submit voluntarily and unconditionally. The dispute shall be resolved by the substantive law of the Republic of Costa Rica. The place of arbitration is the Conciliation and Arbitration Center of the Costa Rican Bar Association in San José, Republic of Costa Rica. The arbitration shall be decided by an arbitral tribunal composed of three arbitrators. Each party shall appoint one arbitrator, and the Costa Rican Bar Association shall appoint the remaining arbitrator. The arbitral award shall be in writing, final, binding on the parties, and unappealable, except for the application for review or annulment. Once the award has been rendered and become final, it shall produce the effects of material res judicata, and the parties shall comply with it without delay. A person acting as conciliator may not be a member of the arbitral tribunal in the same matter. The processes and their content will be confidential. The costs associated with the conciliation process and the arbitration process, including the fees of the conciliator and the arbitrators, shall be borne by the parties in equal proportion, except that in the conciliation agreement or the Arbitration award. Otherwise, each party shall cover the fees of its attorneys and advisors. All this without prejudice to the obligation to reimburse any expenses that correspond to the losing party in favor of the winning party. For these purposes, the award must order the losing party to pay those expenses, including the professional fees of legal advisors. The costs and reasonable fees related to the arbitration proceedings shall be covered by both parties equally. Each party shall cover the cost of its attorneys and experts unless the arbitral tribunal determines otherwise.

ARTICLE 16 – GENERAL PROVISIONS.

  • DISCLAIMERS: No waiver of the rights or obligations agreed herein shall be valid or effective until it is put in writing and signed by both parties. The release of rights or commitments entered into by one of the parties does not imply that such waiver applies to the same extent to the other party.
  • MODIFICATIONS: Any modification to this contract must be agreed upon in writing and signed by the legal representative or representative of each party.
  • ASSIGNMENT: The parties may not assign in whole or in part the rights of this contract without prior authorization and by writing by the other Party, except in the case of assignment between subsidiaries or affiliates. Notwithstanding the preceding, the Lessee acknowledges that the Lessor may assign to a third party the economic rights derived from this contract to a third party without implying that it is disassociated as a party or that it is relieved of its commitments or obligations, with due written notice to the Lessee.
  • SEVERABILITY: If any provision of this agreement is held by a court of competent jurisdiction or arbitrator to be invalid, void, or unenforceable, in such event (a) such provision shall be construed or modified to the extent reasonably necessary for it to be valid, enforceable and consistent with the original underlying intent of that provision; (b) such provision shall remain in effect to the extent not invalid or unenforceable, and (c) the remaining provisions of this Agreement shall remain in full force and effect for all legal purposes.
  • NOTICES: All notices relevant to the business relationship arising from this contract must be made in writing and will be effective from the moment it is received. In case of communication via fax or email, it will be considered received no later than twenty-four (24) hours after its sending, and in the case of certified mail, five (5) business days after its shipment, to the addresses that appear on the first page of the document, which the parties have duly provided.

ARTICLE   17: DATA PROCESSING AND PRIVACY

The data relating to the Client, previously requested or during the rental, are mandatory; otherwise, the rental cannot be concluded. These data are treated by the Lessor responsibly. They are intended to manage the commercial relationship (rental contract, billing, claim, customer account management, satisfaction survey, and opinion on products/services). By accepting these Conditions, the Client gives his consent in a prior and express manner to his data may also be used to carry out commercial prospecting actions by the Lessor and/or its partners. By current regulations, the Customer can access their data or request its deletion. The Client also has a right of opposition, rectification, limitation of the processing of their data, portability, and a right to define the directives relating to the departure of your data after your death. The client consents that The Lessor uses the data for commercial prospecting purposes. The client agrees that the information is transmitted to The Lessor partners for commercial prospecting purposes.

In this act, the Client accepts that any notification will be made at the email address provided.