ON ONE PARTY: Sucursal de Servicios de Transporte Especializado REX, as a branch of Empresa de Transporte Turístico TRANSTUR S.A, represented in this proceeding by an authorized rental agent, hereinafter “REX”.
ON THE OTHER PARTY: The Cuban or foreign citizen whose particulars are declared in this contract, hereinafter “The Customer”.
Both parties upon recognition of their legal status and representation agree the following RENTAL TERMS:
I. GENERALS
1.1 The rental time is calculated in days and hours. The daily charge applies to consecutive 24-hour periods starting at the hour rental begins. Rental agreements for short term rentals will expire in 60 days, while long rent agreements will be valid for 30 days. Extensions will only be made in REX offices.
1.2 The customer must return the car in the same condition she/she received it and at the agreed time and place. Otherwise, REX shall demand full compensation for damage or losses resulting.
1.3 REX has taken every precaution to avoid faults in the vehicle. REX can not be held responsible for an unforeseen situation, not for any consequence resulting from them.
1.4 REX can not be held responsible for objects and/or personal items forgotten by The Customer or other passengers in the vehicle.
1.5 The Customer shall not make any changes in the structure, form or decoration of the interior or exterior of the vehicle. Maintenance and repair of the vehicle must only be done by REX.
1.6 REX is the owner of the vehicle and The Customer must return it upon demand. REX will return the amount of money corresponding to the days of rentals not used and the guarantee deposit, provided the rental terms were not violated.
II. PAYMENT CONDITIONS
2.1 The Customer will pay all rental charges in advance. REX shall conclusively determine any currency conversion.
2.2 The Customer will pay the guarantee deposit established for each vehicle category.
2.3 In credit card payments, the signature of The Customer on the original of the rental agreement and on the credit card slip shall constitute authority for REX to debit the total amount of the rental, according to the official exchange rates.
III. Collision Damage Waiver (CDW):
3.1 The Customer is required to purchase a CDW which is an insurance alternative, though not refundable. It totally exempts the customer from economic responsibility in case of damage or accident, included in the following article (3.2).
3.2 It is a violation and The Customer will lose de CDW coverage if:
a) The car is used to carry passengers or property for hire.
b) The car is used to tow or push anything.
c) The car is driven in a motor contest or race.
d) The car is driven by other than an authorized driver.
e) The car is used for transport flammable, controlled substances or explosives.
f) The car is used for criminal purposes or contraband.
g) The car is driven under the influence of alcohol and/or a controlled substance.
h) The car is driven or guarded in a negligent way.
i) The customer provides false information to the authorities regarding damages or accidents.
3.3 The customer must promptly report the police if there is an accident involving a third party or if the car is stolen or vandalized.
3.4 The Collision Damage Waiver does not cover the theft of the car or any of its parts or accessories. A police report is needed to exempt the customer of payment.
3.5 The Customer is responsible for the either lost or changed of any car part, piece or accessory, and he/she must pay for them according to REX´s price list.
IV. PENALTIES
4.1 REX will charge a penalty of 200.00 USD if the key of the vehicle is lost, damaged or stolen.
The Customer will have to pay a roadside assistance fee of 50.00 USD in Havana and 100.00 USD in other provinces if the key is locked inside the car.
4.2 REX will charge a penalty of 50.00 USD if:
A) The Customer breaks, damages or loses his/her copy of the rental agreement.
B) The Customer must not use the car to transport no kind of animal.
C) The car is returned by a co-driver.
D) The license plate is lost.
4.3 The Customer will pay a 100.00 USD penalty if he/she returns the car in an extremely dirty condition, smelly or with lots of stains because of its inappropriate use.
4.4 The Customer will pay a 200.00 USD penalty if the vehicle is abandoned, driven or returned by a person different from the one(s) registered in the rental agreement, and there will be no refunding involved.
4.5 If the rental is to be interrupted because The Customer commits a crime or any legal violation he/she will forfeit his right to claim any money refund and will have to pay for the whole period REX is unable to rent the car due to this reason.
4.6 The Customer will pay a penalty of 100.00 USD if he/she changes the color of the windscreen or the car windows and for the use of commercial stickers other that the ones that identify REX image.
4.7 For lost license plate, customer must to pay 120.00 USD. The Customer will be held responsible for the loss of parts or accessories and pay them according to REX Price Dossier.
4.8 If client decides on his own will to deliver the car after the agreed date without going through any rental office to update the contract, a penalty for auto extension of 100.00 USD will be charged for each day, in addition to the daily rental value and insurance.
4.9 In case of Long Term Rent, if The Customer returns the vehicle after the agreed date in the rental agreement, he/she will pay a penalty for the extra days used according to the current Public Price List and Season.
V. IMPORTANT INFORMATION
5.1 Customer must pay to REX:
A) For the damages caused due to the use of incorrect or bad fuel.
B) All extra charges including Super CDW, guarantee deposit, fuel, delivery and collection fees, penalties, drop off, etc.
C) All traffic dines written by the police in the copy of the rental agreement.
D) Rims and Tires Damaged as a result of a negligent driving.
5.3 In chauffeur rentals, The Customer is not responsible for accidents or damages to the car, and terms about CDW do not apply.
5.4 Co-drivers, REX will accept a maximum of two co-drivers with a daily cost of 3.00 USD each. Co-drivers have the same rights as The Customer with the exception of renting and returning the car, asking for extensions or receive cash refunds.
If the car is returned by a co-driver, The Customer will be held responsible for damages, fines, charges, penalties and/or any fees agreed at the beginning of the rental without the right of presenting complaints or demands to REX.
5.5 Non Authorized Drivers: When an inspector from the Ministry of Tourism or the Rent-a-car Company detects that the vehicle is driven by a non authorized person, they will notify this violation in the rental agreement and the rental will be interrupted. The Customer will lose the amount of money for the remaining rental days and the guarantee deposit. The aforementioned does not exclude further payment in case of damages.
5.6 These Contract Terms and Clauses, in its interpretation and fulfillment are ruled by the Cuban law.
5.7 Rental Agreement´s signature: The Customer must sign the rental agreement at the end of the rental. However, if the car is abandoned, The Customer does not want to wait for the copy or for whatsoever reason does not sign at the end the rental agreement, REX will be entitled to apply all charges agreed at the beginning of the rental. The Customer therefore, will forfeit his/her right to dispute any of these charges.
5.8 In case of an accident that provokes a technical deregistration or a temporary withdrawal of the vehicle; the car key lost; or the vehicle is stolen, no matter The Customer is responsible or not, REX has the right to cancel the service offered. There will be no refunding, if The Customer is responsible.
5.9 The violation of this rental agreement, regardless the legal procedures involved, can provoke: the suspension of the service, losing the money of remaining rental days, charge to the customer of all damages caused and inclusion of the customer in the Black List, hindering him/her from future rentals in REX or in any other TRANSTUR rent a car Agency.