Rental Agreement

Terms & Conditions

These terms and conditions, along with your rental transaction documents and return record, form the complete rental agreement between you and Shaka Waikiki Car Rental. Please read carefully before your rental.

01

Definitions

"Agreement" means all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the Shaka Waikiki Car Rental named on Page 1.

"Authorized Driver" means you, any additional driver approved by us and listed by us on this Agreement, and any other driver authorized by the law of the State of Hawaii, provided that person has a valid driver's license and, unless the law of this state requires otherwise, is at least 21 years of age.

"Vehicle" means the automobile or truck identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. "CDW" means Collision Damage Waiver. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repaired times the corresponding period rental rate, unless otherwise provided by law.

02

Rental

This Agreement is a contract for the rental of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, including any warranty of merchantability or that the Vehicle is fit for a particular purpose. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of the Agreement.

03

Condition and Return of Vehicle

You must return the Vehicle to our rental office or other location we specify, in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels.

Pickup walk-around video: we provide you a secure link (by email after payment is collected, and by QR code at the desk) to record a video of the Vehicle's condition at pickup. The video may only be recorded on the pickup date or the following morning, Hawaii time. After you submit the video you have one two (2) minute window to re-record it; the video then locks to your submission and footage filmed later in the rental cannot be substituted. The walk-around protects you: pre-existing damage shown in your video, or documented by our staff, will not be charged to you. If you do not submit a walk-around video, you accept the risk of being held responsible for damage to the Vehicle that was not documented by our own team before your rental.

Our staff may also record condition inspections of the Vehicle — including photos, video, mileage, and fuel readings — before pickup, at return, and between rentals. Those records attach to this Agreement and, together with any walk-around video, are the condition record for the rental.

Pickup: Staffed pickup is available daily from 6:30 AM to 2:00 PM Hawaii Standard Time at our Hilton Waikiki Beach location. Sunrise pickups from 6:30 AM may be selected when you book online. Pickup before 6:30 AM is not available.

Return deadline: All rentals are due no later than 6:00 AM Hawaii Standard Time on the return date shown on this Agreement (the last day of your rental), regardless of your pickup time. For a one-day rental, if you pick up on a given day, the Vehicle is due by 6:00 AM the following morning. For multi-day rentals, the Vehicle remains due by 6:00 AM on the final return date only.

After-hours returns may be completed 24/7 at the Hilton valet or designated drop location we specify. An after-hours drop does not extend the 6:00 AM due time. Returning more than 60 minutes after 6:00 AM on the return date may result in additional rental charges.

04

Responsibility for Damage or Loss; Reporting to Police

You are responsible for all damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is repaired, diminishing of the Vehicle's value caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, regardless of whether or not you are at fault, unless this responsibility is otherwise limited by law. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the Vehicle to us within 24 hours of occurrence.

05

Collision Damage Waiver

If you accept and pay for CDW and if CDW is not voided, we waive our right to collect from you for physical damage to the Vehicle. You must pay for CDW when you return the Vehicle or when the rental is terminated in order for it to be effective. CDW is not insurance. CDW is void if:

  1. a)this rental transaction is based on information supplied by you with the intent to defraud us; or if the damage:
  2. b)is caused intentionally by you or as a result of your willful or wanton misconduct;
  3. c)arises out of your operation of the Vehicle while illegally intoxicated or under the influence of any illegal drugs defined or determined under the law of the state where the damage occurs;
  4. d)is caused while you are engaged in any speed contest;
  5. e)arises out of the use of the Vehicle while committing or otherwise engaged in a criminal act in which the use of the Vehicle is substantially related to the nature of the criminal activity;
  6. f)arises out of the use of the Vehicle to carry persons or property for hire; or
  7. g)arises out of the use of the Vehicle outside the United States or Canada unless such use is specifically authorized by this rental agreement.
06

Liability Insurance

You are responsible for all damage or loss you cause to others. You agree to provide auto liability insurance covering you, us and the Vehicle. If you have auto liability insurance, we provide no liability insurance. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance, excess to any insurance you may have, under a policy of insurance (the "Policy").

The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. The Policy provides uninsured/underinsured motorist coverage only in states where such coverage is mandated by law; in states where not required, you and we reject PIP, no-fault and uninsured or underinsured motorist coverage. Coverage applies only in the continental United States.

Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are in excess of, or excluded from, the protection provided you, if any, under the Policy.

07

Charges

You will pay us on demand for all charges due us under this Agreement that are allowed by law, including, but not limited to:

  1. a)time and mileage for the period during which you keep the Vehicle, or a mileage charge based on our experience if the odometer or its seal is tampered with or is disconnected;
  2. b)charges for additional drivers;
  3. c)charges for optional products you elected to purchase;
  4. d)gasoline, if you return the Vehicle with less gasoline than when rented;
  5. e)applicable sales, use and other taxes;
  6. f)loss of, or damage to, the Vehicle, which includes the cost of repair or the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle's value caused by damage to it or repair of it, and our administrative fees incurred processing the claim; and
  7. g)all fines, penalties, forfeitures, court costs and towing.

You authorize us to charge the payment card you provided at or before rental, including any card we keep on file, for all amounts you owe under this Agreement — including charges identified during or after our post-return inspection of the Vehicle, such as fuel, cleaning, damage to or loss of the Vehicle, loss of use, diminution of value and administrative fees. We will provide an itemized receipt or invoice for any charge processed after the Vehicle is returned. Return of the Vehicle, our acceptance of it, and payment of the rental charges do not release you from amounts later determined to be owed under this Agreement.

If any amount you owe under this Agreement remains unpaid after we bill you, the unpaid balance will accrue interest or a late payment charge at the maximum rate permitted by law. We may refer unpaid amounts to a collection agency or an attorney, and you will pay all reasonable costs of collection, including collection agency fees, attorney's fees and court costs. Past-due amounts referred for collection may be reported to consumer credit reporting agencies to the extent permitted by law, which may adversely affect your credit.

08

Young Driver Fee

Drivers must be at least 21 years of age and hold a valid driver's license.

If the primary driver is under 25, a young driver fee applies for each rental day. The amount is disclosed at booking and included in the rental charges you pay for the Vehicle. It is not a security deposit or card hold.

09

Your Property

You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

10

Breach of Agreement

The acts listed in the Collision Damage Waiver section, above, are breaches of this Agreement. If you breach this Agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law.

11

Modifications

No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date.

12

Miscellaneous

No waiver by us of any breach of this Agreement will constitute a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement will not constitute a waiver of any other provision of this Agreement.

Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.

13

Shaka Waikiki Car Rental

Customer agrees that it is renting this vehicle from Shaka Waikiki Car Rental only. In no event shall customer have any claim against Shaka Waikiki Car Rental, and customer hereby releases and forever discharges Shaka Waikiki Car Rental, Inc. from any and all liability in connection with its rental from Shaka Waikiki Car Rental.

14

Text Messages and Mobile Contact

Text messages for this rental are sent by MCM, LLC, doing business as Shaka Waikiki Car Rental. MCM, LLC is the company that provides SMS support on record. By providing a mobile number, you agree that MCM, LLC may send automated and/or staff-sent text messages to that number about this rental and customer support. That includes, for example, that your vehicle is ready for pickup, lockbox PIN or other contactless pickup instructions, and similar reservation messages. Message frequency varies. Msg & data rates may apply. Reply STOP to cancel. Reply HELP for help. You may also contact MCM, LLC at booking@shakawaikikicarrental.com or +1 (808) 252-9850. Transactional messages needed to complete this rental may still be sent to the number on file unless you ask us in writing to use email only. Mobile numbers are not shared with third parties or affiliates for marketing or promotional purposes. Our SMS Terms and Conditions are at https://shakawaikikicarrental.com/sms.

Close-out thank-you texts, promotional texts, and follow-up surveys (offers, feedback requests, and similar) are optional. We send those only if you separately opt in at our desk after we read a short script and you say yes. There is no follow-up-text checkbox on the website. Consent to those follow-up texts is not a condition of renting. You may withdraw that consent at any time by replying STOP or contacting MCM, LLC.

Renter's Acknowledgement

By signing the rental agreement, I acknowledge that I have been advised of the following:

  • If I decline Shaka Waikiki Car Rental's CDW/LDW for any reason, I am responsible for the cost to repair any damage to my rental car and I shall pay for the damage upon return or arrange for payment in the event of an accident. A loss-of-use charge may apply as well.
  • If I have purchased third-party CDW/LDW coverage, I acknowledge that I am responsible for all repair costs for damage incurred to my rental car and I shall pay all costs upon return or arrange for payment in the event of an accident. It is my responsibility to seek reimbursement through my third-party CDW/LDW on my own.
  • I am responsible for returning my rental vehicle with the same amount of fuel it had when I picked it up, unless I purchased prepaid fuel. If I purchased prepaid fuel, I may return the vehicle at any fuel level and I will not be charged a per-gallon refill fee. Prepaid fuel is non-refundable.
  • If the primary driver is under 25, I agree to pay the per-day young driver fee disclosed at booking. That fee is part of the rental total, not a security deposit. Drivers must be at least 21 years of age.
  • I will not leave any valuables of any kind in my rental car (attended or unattended). Any personal belongings left in the vehicle upon its return shall be discarded.
  • Losing keys or damaging electronic key fobs may result in a charge of $650.00 USD.$650
  • If I am involved in any incident or accident, I must file a police report and a Shaka Waikiki Car Rental accident/incident report.
  • I have been given a secure link (emailed after payment and shown as a QR code at the desk) to record a walk-around video of my rental vehicle on pickup day. After submitting I have 2 minutes to re-record, after which the video locks to my submission. If I do not submit a walk-around video, I accept the risk of being held responsible for damage that was not documented by Shaka Waikiki Car Rental's own team.
  • Additional rental fees may apply if I return my rental car more than 60 minutes past the scheduled return time of 6:00 AM Hawaii time on my return date.
  • A cleaning, decontamination/deodorizing or sanitation fee of $250.00 USD may apply upon return if I return the vehicle with evidence or odor of smoking or vaping, excessive sand in carpets, excessive trash, open food containers, food, or stains to the interior and upholstery.$250
  • A $150.00 cleaning fee will be applied for pet hair removal. No pets are allowed in the vehicle other than certified assistance animals.$150
  • Only authorized drivers identified in my rental agreement are allowed and authorized to drive and operate the rental vehicle.
  • Off-road use is prohibited. No refunds will be given for early returns or contract cancellations.
  • Staffed pickup is 6:30 AM to 2:00 PM Hawaii time, including sunrise pickups from 6:30 AM which can be booked online. My rental vehicle is due by 6:00 AM Hawaii time on the return date shown on my agreement (the last day), regardless of my pickup time. I must return the vehicle to the Hilton Waikiki Beach Resort & Spa (valet or designated drop). Returns are accepted 24/7 through valet. After-hours drop does not change the 6:00 AM due time.
  • Any breach of the rental agreement may result in an automatic charge of $500.00.$500
  • I authorize Shaka Waikiki Car Rental to charge my payment card on file for all amounts I owe under this agreement, including damage, fuel, cleaning, and fees identified during or after the post-return inspection. Returning the vehicle and paying the rental charges does not release me from amounts later determined to be owed.
  • If I do not pay amounts I owe after being billed, my unpaid balance may be referred to a collection agency at my expense (including collection and attorney's fees) and may be reported to consumer credit reporting agencies as permitted by law, which may adversely affect my credit.
  • By providing my mobile number I agree to receive texts from MCM, LLC d/b/a Shaka Waikiki Car Rental about this rental and customer support (including ready-for-pickup, lockbox PIN / contactless pickup, return notices, and similar). Msg & data rates may apply. Reply STOP to cancel. Promotional texts and follow-up surveys are sent only if I separately opt in and are not required to complete this rental.
I also possess the mandatory no-fault coverage through my insurer or CDW/LDW provider, and I understand that rates do not include gas unless I purchase prepaid fuel. Without prepaid fuel, a refueling charge applies per gallon if the vehicle is returned with less fuel than at pickup. Prepaid fuel lets me return at any fuel level and is not refunded.

Cancellation & Rebooking Policy

  • You may cancel free of charge within 24 hours of booking, as long as it is more than 48 hours before your pickup time.
  • Any cancellation outside the initial 24-hour grace period, but more than 48 hours before pickup, incurs a $20 cancellation fee.
  • Cancellations within 48 hours of pickup incur a 50% cancellation fee.
  • Cancellations within 24 hours of pickup incur a 75% cancellation fee.
  • A no-show (cancellation at or after your scheduled pickup time) incurs a 100% cancellation fee.
  • Your total cancellation charge will never exceed your quoted rental rate.
  • Please contact us at booking@shakawaikikicarrental.com to modify or cancel your reservation.
I have read and agree to be bound by the terms and conditions on both sides of this Agreement. I authorize this rental to be charged on my credit card, and my signature confirms my approval for the amount listed. Additional fees may apply for extensions and/or late returns. No refunds will be given for early returns or contract cancellations.