OLEANDER TERMS AND CONDITIONS OF RENTAL

This Agreement (‘Agreement’) is between the signatory to the Oleander Cycles r ental agreement (the Rental Form), being the renter of the Vehicle (‘you’) and Oleander .

Nature of Agreement
1. Except to the extent otherwise implied by law, the Rental Form provided to you at the Commencement T ime and this Agreement sets out all of the terms, conditions, representations, warranties and undertakings concerning your rental of the Vehicle, any accessories and on which Oleander agrees to rent the Vehicle and Accessories to You for the Rental Period, and any other representations and warranties made by Oleander, its employees, servants or agents shall be of no effect whatsoever.
2. You mus t not attempt to transfer or sublease the Vehicle, the Accessories or any rights or obligations under this Agreement. Any a ttempted transfer or sublease o f the Vehicle or Accessories by anyone other than Oleander is void. Neither You no r any Authorised Drivers are agents o f Oleander. No one may service o r repair the Vehicle without Oleander’s prior express written approval.
3. You confirm and promise Oleander that all information provided by you to Oleander at any time before and during the Rental Period is t rue an d correct in e very particular and the information so provided is all t he information Oleander could reasonably require.
4. You acknowledge that it is your responsibility to ensure that you are the holder of the appropriate category of driver’s licence t o drive/ride th e Vehicle rented in Bermuda as r equested by you o r as supplied b y Oleander to You a s a replacement or otherwise.
5. ‘Ignition Key or Key’ includes keyless start devices and/or combined ignition key and remote door devices.
6. Terms marked in bold throughout this Agreement are defined as follows:
  
  ‘Accident’ means any collision be tween the Vehicle and any other object, including another vehicle or any other incident or occurrence that results in the Vehicle being damaged, lost or destroyed, and includes a Single Vehicle Accident.
  
  ‘Accessories’ means ke ys and remote door opening devices a nd an y removable e quipment s upplied with t he Vehicle, including, but not limited to, child restraint seats or satellite navigation devices which may or may not attract an a dditional charge for usage, which are only to be used:
  1. with the Vehicle with which it is originally supplied or such vehicle as Oleander supplies as a replacement for the Vehicle; and
  2. in accordance with all instructions and operational information provided;
    
    ‘Additional Renter’ m eans an Additional Renter of a motor car, and any additional rider or passenger in respect of a motor cycle, nominated by you and noted on the Rental Form;
    
    ‘Authorised Driver’ means You and/or any person:
    1. At or over the age of 16 (if a Bermuda resident holding a youth licence) or 18 (if n ot a Bermuda resident), in respect of a motor cycle rental, and at or over the age of 25, in respect of a motor car rental (save where Oleander exercises its absolute discretion to rent a motor car to a person under the age of 25); and
    2. Who holds a current driver’s licence that:
      1. is in English or, if not in English, is accompanied by a certified English translation;
      2. is valid for driving the Vehicle;
      3. is not a learner’s permit; and
      4. the driver has held for at least twelve consecutive months; and
    3. An Additional Renter nominated by You;
      
      ‘Business Day’ means a day on which the rental location is open for business;
      
      ‘Business Hours’ means the hours of operation of the rental location from which the Vehicle is rented or to which it is returned, and which are posted on the Oleander website or posted at the rental location;
      
      ‘Cleaning Charge’ means a charge imposed in respect of an Excessively Dirty Vehicle at an hourly rate charge on a cost recovery basis if the cleaning is performed by Oleander personnel or the actual fee paid by Oleander if a third party or specialised cleaners are engaged to provide a cleaning service plus an Administration Fee.
      
      ‘Commencement Time’ means the later of the date and time:
      1. specified on the Rental Form as the commencement time of the rental; or
      2. when the Vehicle is delivered to You;
      ‘Damages’ means any expense (excluding the cost of fuel and vehicle towing), cost (including legal costs, calculated on an i ndemnity cost b asis), penalty, i mpost, liability or any other financial obligation of whatsoever character ( including an y excess payable u nder r elevant insurance policies) incurred b y Oleander in respect of:
      1. the loss of, damage to, or otherwise in respect of the Vehicle or Accessories, including, and without l imitation, the cost of repairing the Vehicle or Accessories (or, i f in Oleander’s reasonable opinion, the damage is irreparable or uneconomic; the replacement cost o f the Vehicle or Accessories), administrative, appraisal, recovery services provided by or on behalf of Oleander;
      2. any c laim or demand of any third party made in respect of the Vehicle or Accessories or the loss of, or loss of the use or enjoyment of, or damage to, an y other vehicle or property caused by the Vehicle or Accessories or resulting from its use;
      3. the loss of, damage to, o r otherwise i n respect o f, any property, o ther t han th e Vehicle or Accessories, which belongs to Oleander, or for which Oleander is otherwise responsible or liable (in whole or part), but does not include loss of use or enjoyment of the Vehicle or Accessories or any indirect, special or consequential loss, other than in connection with a Prohibited Use or use by a Prohibited Person in breach of clauses 5(a) or 5(b);
        
        ‘Excessively Dirty Vehicle’ means a Vehicle which requires cleaning beyond Oleander’s standard cleaning practice being a general exterior and interior clean using regular cleaning p roducts, water h igh pressure cleaner and vacuum taking no longer than 15 minutes without the need for specialised cleaning products or third party or specialised cleaners.
        
        ‘Oleander’ means Oleander Cycles Limited and Bermuda Rental Car Ltd., both of 6 Valley Road, Paget, Bermuda;
        
        ‘Intoxicated’ means where the driver is under the influence of any drug, substance or intoxicating liquor to the extent that that person’s ability to control the Vehicle is impaired or where the driver’s blood level of any drug or alcohol is in b reach of the a pplicable lega l limit in Bermuda; in the context of which, a person is deemed to be in breach of this provision if, at any time, he or she refuses or fails to provide a breath, blood or other sample when lawfully required to do so by or on behalf of the Police or as required by any law of Bermuda;
        
        ‘Infringement Notice’ (including Charges and Penalties) means an amount equal to all fines (including, but not limited to, in respect of a parking offence committed under the Traffic Offen ces Procedure Act 1974, a speeding offence committed under the Road Traffic Act 1947 and an offence of failing to produce a valid driver’s licence committed under the Motor Car Act 1951 ), penalties, charges, taxes or other imposts levied by the Bermuda Government, any governmental b ody, loc al go vernment, p rivate car park or tolling companies in respect of Your rental or use of the Vehicle;
        
        ‘Long Term Rental’ means a Rental Period of equal or greater than 30 days;
        
        ‘Rental Day’ means each consecutive twenty-four (24) hour period from the commencement of the rental during the Rental Period;
        
        ‘Rental Form ’ means the form entitled Rental Form and related forms on which a ll personal and other details are recorded, and which is completed at the time the Vehicle is rented;
        
        ‘Rental Period ’ means the period during which the Vehicle is rented by you, beginning at the
        
        Commencement Time and ending at the time:
        
        You return t he Vehicle to Oleander during Business Hours and Oleander accepts return of the ignition key for the Vehicle;
        
        You depo sit the ignition key or keyless entry and/or remote door opening devices for the Vehicle into the ‘drop box’ at the rental location to which the Vehicle is returned outside Business Hours (and You remain responsible fo r the Vehicle until Oleander has inspected and accepted the return of it the next Business Day);
        
        Where you use the customer collection service, when the Vehicle is collected;
        
        Oleander repossesses the Vehicle;
        
        Where the Vehicle is lost, stolen o r otherwise misappropriated, when the Police are notified of same (being the time recorded on the Police Report of the incident);
        
        The Rental Period for any Accessories shall begin and end simultaneously with the
      Rental Period for the Vehicle;
      
      ‘Resulting From’ means resulting, whether directly or indirectly, irrespective of whether the matter referred to i s the sole o r partial cause; and ‘ results in’ and similar grammatical forms ha ve the corresponding meaning;
      
      ‘Single Vehicle Accident’ m eans an Accident not involving a c ollision between th e Vehicle an d another vehicle, other than a parked vehicle;
      
      ‘Vehicle’ means the motor car or motor cycle d escribed on the Rental Form, or any alternate motor car or motor cycle that Oleander supplies to You, whether as a replacement, upgrade or otherwise, and includes all Vehicle parts, tyres, tools (supplied with the Vehicle), and all other Accessories or equipment in or fitted to the Vehicle by the manufacturer or by Oleander;
      
      ‘Vehicle Condition Report’ means the report incorporated into the Rental Form given to you by Oleander’s representative at the time You collect the Vehicle;
      
      ‘Written Demand or Notice’ as referred to in clause 12.
Returning Vehicle and Repossession
1. You agree to return the Vehicle and any Accessories to Oleander at the specified time and location noted on t he Rental F orm, o r sooner if demanded by Oleander on reasonable grounds, including where Oleander reasonably believes You ha ve breached, or are likely to breach, the Agreement.
2. The Vehicle and Accessories are not taken to have been returned until the end of the Rental Period. If you return the Vehicle or Accessories outside Business Hours, You remain responsible for the Vehicle and Accessories until Oleander has inspected and accepted their return the next Business Day.
3. If you do not return the Vehicle or Accessories when required by this Agreement, then following a written demand to You to return it, Oleander may take steps to recover and repossess the Vehicle and/or Accessories where and when it is f ound. You authorise Oleander to en ter any premises owned o r occupied by y ou, o r where necessary, you agree to make a ll reasonable e fforts to obtain t he right for Oleander to e nter any premises in order to recover and repossess the Vehicle or the Accessories.
4. If th e Vehicle or Accessories are f ound illegally parked, apparently a bandoned o r are used or obtained as prohibited under this Agreement, Oleander may after making reasonable attempts to contact You, recover the Vehicle or the Accessories without sending a written demand under clause 2(c) To the extent permitted by law, You waive any right to any hearing or to receive any notice or legal process as a precondition of Oleander recovering the Vehicle or the Accessories in accordance with this clause 2(d).
5. From the date that Oleander sends you a demand pursuant to clause 2(c), Oleander may exercise its legal rights to recover and repossess the Vehicle or the Accessories. You agree to cooperate with Oleander to recover the Vehicle or the Accessories.
6. You must reimburse Oleander for its reasonable costs of recovering or repossessing the vehicle or the Accessories where such costs are a consequence of your failure to return the Vehicle or Accessories when required by this Agreement.
7. You hereby agree to indemnify Oleander against any claim made b y any third party resulting from Oleander’s recovery or repossession of the Vehicle or the Accessories.
8. In the event of severe weather, including, but not exclusively, na med storms, and/or flooding, Oleander has the right, in its sole discretion, to demand the return of the Vehicle. Immediately upon such demand, You shall return the Vehicle to Oleander at the same location from which the Vehicle was rented. A refund will be given by Oleander for any remaining Rental Days in the Rental Period . Any future rentals of Vehicles impacted by any such severe weather shall be cancelled, with a full refund provided.
Maintenance and Safety
1. You an d Oleander acknowledge that the Vehicle is generally in an undamaged condition and in good working order sa ve as o therwise acknowledged b y You an d Oleander in writing on the Vehicle Condition Report. It is Your responsibility to check the condition of the Vehicle when You collect it and, if there is any discrepancy between its condition and the Vehicle Condition Report, You must return t o the counter and request that the Report be amended or a new report be prepared. You ag ree to return the Vehicle in the same condition as it was in at the start of the Rental, with the exception of fair wear and tear.
2. You an d an y Authorised Driver must comply with an y applicable road safety l aws and regulations (including those relating to seat belts and child restraints and use of a mobile phone whilst driving) and You undertake and warrant that You have read the extract from the Bermuda Highway Code and traffic legislation appearing on the Rental Form.
3. You agree that:
  1. You will not undertake or make any repairs to the Vehicle or accessories unless authorised by Oleander in writing;
  2. in breach of clause 3(c)(i) you are liable for any repair costs undertaken or made by You and You agree to indemnify Oleander against any claims by third parties against Oleander in respect o f any unauthorised repairs, the q uality of any unauthorised repairs and any ongoing remedial works to rectify any unauthorised repairs.
4. With regard to rentals of Vehicles which are motor cycles only:
  1. You warrant that You are capable of riding a motor cycle and have received instruction in the operation of the motor cycle, in particular in respect of the operation of the controls, brakes, starting and stopping of the mo tor cycle, and that you understand such instructions;
  2. You undertake and warrant that You will not permit to be carried o n the motor cycle as a pillion passenger any person not being an Additional Re nter (for whom an additional fee shall be payable at commencement of the Ren tal Period), nor shall any such Additional Renter permit to be carried on the motor cycle as a pillion passenger any person not being the Renter or an y other Additional Renter and, should this requirement be breached, You sh all be liable to Oleander for all acts and omissions of any such unauthorised pillion passenger;
  3. You, and any Additional Renter, warrant that you understand that a n approved safety helmet has been issued to each of you at or before the Comm encement Time which is required to be worn at all times in accordance with Bermuda law whilst operating the motor cycle and You, and any Additional Rente r, warrant to wear it at all such times.
5. In the event of breakdown of the Vehicle:
  1. if such breakdown occurs during Oleander’s normal business hours, You should call 236-2453 for assistance;
  2. if such breakdown occurs outside Oleander’s normal business hours, You should secure the Vehicle and hire a taxi (one journey) to return You to your accommodation and provide the receipt to Oleander for reimbursement (maximum amount $100) the following day, as well as notifying Oleander of the breakdown in accordance with clause 3(e)(i) above.
6. In the event that You detect any problem with a Vehicle, which does not constitute a breakdown, but which amounts to damage to, fault of, or deteriorat ion in the condition of, the Vehicle so as to endanger You, any Additional Renter or any ot her road user, You should immediately cease to use the Vehicle and contact Oleander during normal business hours on 236 -2453 to make arrangements for the return of the Vehicle to the nearest Oleander location to exchange for a Vehicle in a serviceable condition. If such detection of a problem occurs outside Oleander’s normal business hours, You should secure the Vehicle and, if you are not at your accommodation at such time, hire a ta xi (one journey) to return You to your accommodation and provide the receipt to Oleander for reimbursement (maximum amount $100) the following day.
Charges and Penalties
1. You agree to pay to Oleander the following charges and penalties for renting the Vehicle:
  1. TIME CHARGES
    
    The daily rental charge noted on the Rental Form for each Rental Day. The minimum daily charge will be for one Rental Day unless otherwise s tated in t he Rental Agreement. An additional fee equal to the charge for a full Rental Day will be charged in respect of the late return of a Vehicle ;
  2. CANCELLATION CHARGES
    
    All cancellations need to be notified to Oleander at least 24 hours before the Commencement Time to receive a full refund. Any notification of cancellation after such time or failure to attend, within one hour after the agreed time to do so, the agreed location to commence th e Rental Period in respect of any Vehicle shall incur charges for the first Rental Day of the proposed Rental Period;
  3. DELIVERY/COLLECTION CHARGES
    
    A charge noted on the Rental Form, including ‘one way fees’ for delivering the Vehicle at, and/or collecting the Vehicle from, an y location as requested by you, other than those Oleander rental locations for which no charges apply, or the reasonable costs and expenses of Oleander for recovery or repossession of the Vehicle under clause 2;
  4. FUEL COSTS
    
    If the Rental Form relates to a motor cycle, You must either return the Vehicle with a full tank of fuel or pay to Oleander the specified fee to refuel it;
  5. COLLECTION EXPENSES
    
    Where You do not pay the charges in accordance with this Agreement, You must reimburse Oleander for its r easonable e xpenses and costs i ncurred i n collecting f rom You th e charges payable under this Agreement and for reasonable interest charges calculated at the rate specified below;
  6. COLLISION DAMAGE WAIVER
    
    For each rental of a Vehicle, there shall be a one -time, non -refundable charge payable at the commencement of the Rental Period known as a Third Party Liability Fee, the amount of which will be dependent on the type and class of Vehicle. In addition, there shall be an optional (save as set out below) daily CDW -Collision Damage Waiver Fee, the amount of which will be dependent on the type and class of Vehicle, which shall reduce Your maximum potential liability to Oleander hereunder (other than in respect of any Infringement Notices ) in respect of Damages arising from Your rental of the Vehicle during the Rental Period to between BD$500 -2,000 (dependent on the type and class of Vehicle). Should Oleander exercise its discretion to allow an Authorised Driver of a Vehicle below the age of 25, the CDW-Collision Damage Waiver Fee shall be compulsory, and not optional.
  7. CHARGES AND PENALTIES
    
    In the event an Infringement Notice is received by Oleander, Oleander will:
    1. (i) if You are normally resident in Bermuda, a dvise the relevant au thority that Yo u were th e driver/rider of the Vehicle at the time of the infringement and, if practicable, the authority will issue the Infringement Notice to You; or
      
      (ii) if You are not normally resident in Bermuda, or You are normally r esident in Bermuda and the provisions of sub -paragraph (i) above are not practicable, settle the Infringement Notice and seek reimbursement from you in respect thereof ; and
    2. charge You an Infringement Administration fee of $50.00 fo r each infringement notice received, which will reimburse Oleander the c ost incurred in the p rocessing of t he Infringement Notice;
  8. LOCATION FEE
    
    A charge noted on the Rental Form where You co llect the Vehicle from a nd/or r eturn the Vehicle to particular locations other than the Oleander rental location from where the rental of the Vehicle commenced, including, but not limited to, airport and hotel or home loca tions;
  9. COSTS RECOVERIES
    
    The charge noted on the Rental Form in respect of operating costs including, but not limited to, vehicle registration, compulsory third party insurance and transport accident charges;
  10. SURCHARGES
    
    The amo unt noted on the Rental Form in respect of the additional further operating costs of co nducting business, or related to use of the Vehicle by each Additional Renter or each person less than age 25 (the latter only at Oleander’s discretion);
  11. CREDIT OR CHARGE CARD SURCHARGE
    
    A minimum of 1.5% or the percentage rate as otherwise noted on the Rental Form of any amount charged to a credit or charge card;
  12. SECURITY DEPOSIT
    
    The amount noted on the Rental Form in relation to the deposit taken at the Commencement Time in respect of the Vehicle rental;
  13. ADMINISTRATION FEE
    
    The percentage rate or the amount noted on the Rental Form in relation to administration functions undertaken in respect of vehicle rentals;
  14. ADMINISTRATIVE CHARGES
    
    An a mount noted o n the Rental Form for administrative functions Oleander undertakes including the payment of, o r handling o f any claim fo r, an y charges a nd p enalties, such as infringement processing, referred to in clause 4(a)(vii) in respect of Your Rental Period;
  15. ACCESSORIES
    
    You agree to pay to Oleander the daily accessory charge noted on the Rental Form for each Rental Day
    
    or part thereof in which the Accessories are made available for rent; and
  16. ADDITIONAL FEES
    
    Where th e amount of any c harge is not specified on the Rental Form, the amount o r the basis of calculation of the amount as determined by Oleander from time to time as set out below:
    
    In the event that the Vehicle has run out of fuel for (for motor c ycles) or has an empty battery (for motor cars)
    
    $50.00 (for motor cycles out of fuel) $250.00 (for motor cars with empty battery)
    
    In th e event of a n Accident the c ost o f recovery and/or towing th e Vehicle to an Oleander location, police compound or a vehicle assessment / repair facility (motor car only).
    
    From $150.00 depending on distance travelled and time and/or difficulty of recovery of the Vehicle to be towed
    
    Infringement Administration Fee for processing of all
    
    Infringements Notices.
    
    $50.00
    
    Failure to immediately return the Vehicle upon Oleander
    
    providing a severe weather notice.
    
    $250.00
    
    Claims Administration Fee for processing all Damages referred to in clause 6.
    
    $100.00
    
    Vehicle keys locked in the Vehicle or keys and remote door opening device returned to wrong location at end of Rental Period
    
    $50.00
    
    Replacement of Vehicle keys and remote door opening devices lost during the Rental Period
    
    From $250.00 to $500.00 depending upon Vehicle type (motor car only)
    
    $20 (motor cycle keys)
    
    $30 (motor cycle lock)
    
    Administrative Fee for the return of lost and found property to you
    
    Actual cost of postage, delivery or courier plus an administrative fee of $50.00
    
    Replacement of helmet provided by Oleander for use with a motor cycle lost during the Rental Period
    
    $30.00
    
    Cleaning Charge for an Excessively Dirty Vehicle
    
    $250.00
    
    Delivery or collection of a Vehicle at the beginning or end of the Rental Period
    
    $50.00 (one way)
    
    Interest charged on outstanding rental charges
    
    Interest is calculated daily at the rate equal to HSBC Bank Bermuda Limited’s standard business overdraft rate plus 2%
2. You agree to pay to Oleander the charges under this clause on demand. That will usually be at the start of the Rental Period, but may involve payments being made subsequently, after t he Vehicle or Accessories have bee n inspected by Oleander and where costs and expenses are determined after the Rental Period ends. Oleander may charge Your Cr edit Card for all charges under this clause 4 i n accordance with clause 10(a).
Responsibility

You should refer to this clause 5 with regard to Your potential liability resulting from any use of the Vehicle

for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any Prohibited Person.
1. PROHIBITED USES
  
  The Vehicle must never be used:
  1. outside the authority of the Authorised Driver , including under any arrangement for sub - letting of the Vehicle by such Authorised Driver;
    
    (ii) to convey as transport more than the number of persons specif ied by Oleander; (iii)recklessly, or with deliberate intent to cause injury, loss or damage;
    1. by any person, whether an Authorised Driver or otherwise, if, at the time of driving, the driver of the Vehicle is not the holder of a valid driver’s licence appropriate for suc h Vehicle;
    2. in any location or region reasonably specified by Oleander as an area or region which is prohibited;
    3. f or c ommitting an illegal or unlawful act, including, without limitation, under the Road Traffic Act 1947 and the Motor Car Act 1951, as applicable, and as both may be amended from time to time (other than a traffic offence which does not automatically result in the loss of your driver’s licence);
    4. for racing or undertaking reliability trials or other contests;
    5. for conveying passengers for hire or reward (unless Oleander consents in writing);
    6. for hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which th e Vehicle was not designed (including any hazardous materials, such as an y gases or substances which may form explosive mixtures);
    7. for towing a trailer or any other vehicle, unless the Vehicle has a towbar, in which case you have permission from Oleander to tow a trailer provided the weight and dimensions of the item being towed do not exceed the specified capacity of the Vehicle;
    8. on any road or other surface which is not sealed other than a road under repair, or a road notified to you by Oleander;
    9. on any beach or in any other area exposed to saltwater;
    10. in any area or under any circumstances (including crossing a waterway or transporting a Vehicle across a waterway) where the Vehicle may or does become partially or totally immersed in water;
    11. under any circumstances where the Vehicle may or does sustain damage to the body or undercarriage as a result of making contact with a stationary object o verhanging or on the road surface (including driving or attempting to drive under, over or around any such object);
    12. under any circumstances where the Vehicle sustains damage to the roof area including but not limited to the fitting of roof racks (or similar devices), standing or sitting on the roof or making contact with overhanging objects;
    13. under any circumstances where the Vehicle, being a motor cycle, is refuelled with fuel other than which is recommended by t he Vehicle manufacturer or where the Vehicle, being a motor car, is recharged other than in accordance with the instructions provided by the Vehicle manufacturer;
    14. where a Vehicle on a Long Te rm Rental sustains mechanical d amage as a consequence of non compliance with clauses 3(c), 3(d) and 3(e);
    15. under any circumstances where the Vehicle and/or its keys are unsecured;
    16. in an y other area or region specified to You by Oleander as an area or region in which the Vehicle must not be used; or
    17. where th e Vehicle sustains mechanical d amage as a consequence of non compliance with clauses 3(c) and 3(d).
2. PROHIBITED PEOPLE
  
  The following people must never drive the Vehicle or otherwise be in control of the Vehicle:
  1. any person who is Intoxicated by any substance; or
  2. any person other than an Authorised Driver.
3. RESPONSIBILITY FOR ACCESSORIES
  
  You will be fully responsible and liable for Damages under clause 6 to any Accessories for the Vehicle.
4. If the Vehicle is used for a Prohibited Use or by a Prohibited Person in breach of clause 5(a) or 5(b):
  1. to the fullest extent permitted by applicable law, You will be liable for loss of or damage to the Vehicle; and
  2. this w ill constitute a breach of this Agreement, making You responsible, to the fullest extent permitted by applicable law, for the a ctual and consequential damages to Oleander caused b y the breach, together with Oleander’s related costs and legal fees.
5. NO SMOKING
If You are renting a motor car, no smoking is permitted inside the Vehicle. You a re responsible to ensure that neither You nor any Authorised Driver, Additional Renter , p assengers nor any occupants smoke inside such Vehicle. Should You or any Authorised Driver, Additional Renter , passengers o r any occupants s moke i nside such Vehicle You ag ree t hat that Vehicle will b e deemed an Excessively Dirty Vehicle and to pay a Cleaning Charge in respect thereof.
Your Liability
1. S ubject to this clause 6, You are responsible, to the fullest extent permitted by applicable law, for all Damages which occur during the Rental Period or which result from Your rental or use of the Vehicle or Accessories.
2. Notwithstanding anything in this clause 6 or any other clause, there is no cap or limit on Your liability to Oleander resulting from any use of the Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any Prohibited Person referred to in clause 5.
3. You agree and consent to charge to Oleander all estate and interest in any land and/or in any other assets whether tangible or intangible in which You ha ve any legal or beneficial interest and/or in which you later acquire such interest for the payment of all money for all Damages owing to Oleander.
4. Subject as otherwise provided herein, Your liability to Oleander for Damages to the Vehicle which occur during the Rental Period or which result from Your rental or use of the Vehicle is limited to the amount of the full replacement value of the Vehicle.
5. Notwithstanding clause 6(d), You are liable to reimburse Oleander for Damages incurred as a result of Your fi tting Accessories (as provided by Oleander or otherwise) to the Vehicle incorrectly or otherwise in a manner which causes damage to the Vehicle, the Accessories or any other vehicle or property.
6. Notwithstanding clause 6(d), You are liable to reimburse Oleander to the extent that any breach by You of clause 8, including the making of any admission of liability in breach of clause 8(d), results in Oleander incurring greater loss, damage, liability, cost or expense than it would have incurred but for Your breach.
7. Notwithstanding clauses 6(d), You agree to indemnify and hold Oleander harmless, to the fullest extent permitted by applicable law, from any claim against Oleander for personal injury or loss or damage to any personal
  
  property that is connected with Your rental of the Vehicle u nder this Agreement. T his includes, without limitation, personal p roperty left i n any Oleander vehicle or brought on to Oleander’s premises or any injury, l oss or damage caused by any n egligence or default of Oleander, its employees, agents or servants or otherwise.
8. You are responsible for returning the Vehicle to Oleander in the same condition as it was at the start of the Rental Period.
Limited Liability and Indemnity
1. Oleander provides no warranties, whether express or implied, in respect of the Vehicle or the
  
  Accessories or Your rental of the Vehicle or the Accessories.
2. For the sake o f clarity, to the maximum e xtent permitted by law, Oleander accepts n o responsibility o r liability to Y ou o r any Authorised Driver for any loss, damage, costs, expenses, d amages (including for l oss of use or enjoyment) or any other liabilities resulting from:
  1. any Accident, breakdown or any other failure of the Vehicle; or
  2. loss of or damage to Your or anyone else’s personal property, which includes, without limitation, personal property left in any Oleander Vehicle or brought onto Oleander’s premises, or any personal injury caused to You, any Authorised Driver or any third party whilst charging a Motor Car at an approved charging station;
  3. any error or omission in any street directory, v ehicle navigation system or other map (whether or not provided by Oleander), or any fault in or malfunction of any car phone, smart phone or tablet (or similar type device) or vehicle na vigational system (whether installed in or otherwise provided with the Vehicle).
3. W ithout limiting the foregoing, to the fullest e xtent pe rmitted b y applicable law, Your hereby agree and confirm that You shall have no claim whatsoever against Oleander or its insurers for any injury, loss or damage (including death) suffered byYou, any Authorised Driver or any third party as a result of the use of the Vehicle during the Rental Period (including for the purposes of instruction or test ride) or any act or omission of Oleander with regard to the condition or repair of the Vehicle or the negligence of Oleander or its employees, servants or agents or otherwise. Furthermore, Oleander will not be liable to You, any Authorised Driver or any third party for any loss of use o r enjoyment o f the Vehicle, the Accessories or another vehicle o r any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement.
Accidents and Fines - What You Do
1. You mu st report any Accident (irrespective of whether it results in t he Vehicle or any Accessories b eing damaged, lost o r destroyed) to Oleander as s oon as possible a fter the Accident occurs.
2. You mu st p rovide all information Oleander reasonably requests concerning the Accident within 48 hours of any request. W ithout limiting the foregoing, You must deliver to Oleander a correctly completed Insurance Ac cident Report Form to th e Oleander rental location f rom which the rental vehicle is rented o r to which it i s returned including any police w itness statements or reports within 48 hours after the Accident.
3. You agree to assist Oleander (at Oleander’s direction) in respect of any claim or action brought in respect of any Accident, including attending court to give evidence.
4. No offer of compromise, payment, settlement, waiver, release, indemnity or any other admission of liability (other than a true statement made under compulsion of law) must be made by You or on Your behalf in relation to the Accident.
5. Any papers or other documents received b y you concerning th e Accident must be promptly given to Oleander. You further agree to take reasonable steps to ensure that any other person who r eceives an y such papers or documents concerning the Accident provides those papers and documents promptly to Oleander.
6. You agree to report any traffic or parking infringement which occurs during the Rental Period
  
  to Oleander as soon as possible after it occurs.
7. Oleander may, i n the exercise of i ts reasonable d iscretion, terminate your rental of the Vehicle or the Accessories and not provide a replacement vehicle or replacement accessory after an Accident. In the event of termination, Oleander will refund pro-rata prepaid charges, but reserves the right to set off any such prepaid charges against all charges due and payable under clause 4 and in respect of Damages due and payable under clause 6.
8. By entering into the agreement a nd t he hi ring of the Vehicle you consent to a nd a uthorise Oleander to ob tain copies o f any police witness statements or r eports made or able to be obtained by You in relation to the Accident or police charges against you.
Consent to Use and Disclosure of Personal Information
1. You agree that Oleander may use and disclose your personal information in accordance with applicable law.
2. You co nsent to Oleander obtaining reports f rom c redit reporting ag encies for the pu rpose o f assessing your application t o rent Vehicles f rom Oleander and managing Your r entals of Vehicles. You als o consent to Oleander giving Your identity p articulars to c redit reporting agencies for the purpose of obtaining such reports and to Oleander obtaining information about You f rom credit providers i dentified in such reports. You understand t hat i f Y ou de fault on payment obligations to Oleander, information about that default may be given to credit reporting agencies and such agencies may share this information with their subscribers.
Credit, Charge or Debit Cards and Cash
1. You au thorise Oleander to charge the credit, charge or debit card (‘Card’), the imprint of which or the number of which You provide to the Oleander representative when renting the Vehicle (or at any other time), in respect of all charges due and payable under clause 4 and in respect of Damages due and payable under clause 6.
2. If You present a Card at or before the Commencement Time, You a lso authorise Oleander to reserve credit with, or obtain an authorisation from, the Card iss uer at the time of rental in an amount up to the expected cost of the rental (less any discount, c redit or rebate) plus $500, or other such amount advised at time of reservation, as a security de posit.
3. If Oleander charges Your Card for Damages due and payable under clause 6, it will promptly notify You of the amount so charged and provide details of the Damages. If You dispute the Damages or the amount charged, You may contact the Oleander representative stated on the notification letter. Oleander will deal promptly with any dispute and, if it reasonably conside rs that any amount should be refunded to you, will promptly credit th at amount to Your Card. If You are dissatisfied with any determination made by Oleander in this respect, You may contact Oleander’s main location at 6 Valley Road, Paget, Bermuda.
4. Your Card may be so charged within 28 days after the Vehicle has been returned notwithstanding that any particular charge or amount of Damages could have been, but was not charged, when the Vehicle was returned.
5. Where i t appears to Oleander that Damages resulting from Your rental of the Vehicle may approach or exceed th e amount limited by clauses 6(d), subject to increase pursuant to clause 6(e), Oleander will charge Your Card with that amount. If it later transpires that actual Damages are less t han t hat amount, Oleander will p romptly credit the difference to Your Card.
6. You warrant that the Card is Yours an d You (whether alone or with another person or other people) are responsible for all amounts credited, charged or debited to that Card. Where the Card i s not in your name, You warrant that You a re authorised t o permit a nd a uthorise Oleander to charge the Card in accordance with this clause 10.
7. If You provide a cash security d eposit at an Oleander rental location, there is no guarantee the deposit (or part thereof) will be reimbursed in cash at the time the Vehicle is returned to Oleander. In these circumstances, a cheque will be forwarded within 14 Business Day s of return of the Vehicle to the address noted on the Rental Form, or a wire transfer of funds (minus the wire transfer fee) will be made within 14 Business Days of return of the Vehicle to Your bank account (the details of which you shall provide to Oleander for such purposes ).
Insurance

You hereby acknowledge that the Vehicle is insured for third party risks under the laws of Bermuda, and t hat this gives protection to any Authorised Driver only in respect of claims made by third parties against such Authorised Driver . The policy of insurance taken out by Oleander does not provide insurance for anyone other than an Authorised Driver and such policy does not give cover any Authorised Driver in respect of any loss or damage such Authorised Driver may suffer either as a consequence of any action by a third party, by him/herself, or by any act or omission of Oleander, including any default or negligence by Oleander with regard to the condition or repair of the Vehicle, whether resulting from any act or omission of Oleander, its employees, servants, agents or otherwise.
Written notice or demand

Any written notice or demand required to be given under this Agreement will be sufficiently made:
1. if left at the address stated on the Rental Form;
2. if the notice or demand is posted by prepaid post to Your address stated on the Rental Form, it
  
  will b e d eemed t o have been received by You 5 Business Day s a fter the date on which the notice or demand was posted;
3. if made by facsimile, email, sms or other electronic form to the numbers or electronic addresses stated o n the Rental Form, it will be deemed to ha ve been received b y You o n t he da y on which, at the time at which and from the place from which it appears from the notice or demand to have been sent.
Governing Law and Jurisdiction

The Rental Form and this Agreement shall be governed by, and const rued in accordance with, the laws of Bermuda and the courts of Bermuda shall have exclusive jurisdiction in respect of any disput es which may arise in respect thereof.
Severance

Any part of this Agreement shall be severable without affecting any other part of this Agreement.