The Agreement
The terms and conditions listed herein and other vehicle rental transaction documents, the membership terms and conditions and a return record with computed fees and charges as may be presented in writing and/or operated through a mobile application, computer application or website, shall collectively constitute the AGREEMENT between you and Shaka Waikiki Car Rental.
Vehicle
Vehicle means the vehicle rented to you or its replacement, including all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the vehicle ("vehicle"). If for any reason a vehicle is booked and subsequently becomes unavailable, Shaka Waikiki Car Rental will provide you with a vehicle of the same or greater quality (e.g. cost, year, size, category).
Who May Drive the Vehicle — Authorized Driver
Only you, your spouse or domestic partner, a full-time employee incidental to your business duties during the rental period, or an additional driver qualified and authorized by Shaka Waikiki Car Rental at the time of rental to drive the vehicle with your express prior permission ("authorized driver") may drive the vehicle. You represent that you and any authorized driver are capable and validly licensed drivers. Any authorized driver of the vehicle must be at least 25 years of age and have held a valid driver's license for the 12-month period prior. You agree that Shaka Waikiki Car Rental has the right to verify that the driver's license of any authorized driver has been validly issued and is in good standing and that Shaka Waikiki Car Rental may refuse to rent to you, terminate the AGREEMENT or refuse to allow others to drive the vehicle if the driver's license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted.
Late Pickup of the Vehicle
If you have a Prepaid Reservation and arrive more than 4 hours after your scheduled pick up, Shaka Waikiki Car Rental shall use its best efforts to provide a comparable vehicle at the earliest time practical at the original price in the Reservation. If you do not have a Prepaid Reservation and arrive more than 4 hours after your scheduled pick up, Shaka Waikiki Car Rental shall use its best efforts to provide a comparable vehicle to the vehicle originally reserved.
Time for Return of the Vehicle
You shall return the vehicle on the date and time indicated in the AGREEMENT. Failure to return the vehicle to Shaka Waikiki Car Rental at the time provided for in the Reservation or as demanded by Shaka Waikiki Car Rental is a violation of the AGREEMENT and Shaka Waikiki Car Rental shall consider the vehicle as overdue and assess applicable fees and penalties.
After-hours returns are not accepted or allowed. All rental vehicles must be returned during the following hours of operation (holiday hours may differ): Monday–Saturday 9AM–8PM; Sunday 10AM–6PM.
Note: If you choose to leave the vehicle outside of the posted hours of operation, you shall be responsible for the vehicle and all charges (including any damages the vehicle may have incurred during after hours) until the contract can be closed on the following business day. You should never lock the keys inside the car and you will be charged a fee for a locksmith to unlock the vehicle.
If a vehicle is returned earlier than the time indicated in the AGREEMENT, a higher rate may apply. A Reservation may be extended at the rate indicated in the AGREEMENT if Shaka Waikiki Car Rental is contacted before the return date specified in the Reservation, which Shaka Waikiki Car Rental may or may not grant at its sole discretion. If Shaka Waikiki Car Rental grants an extension, it may assess a service/administrative fee of up to $100 for the extension period.
Condition of the Vehicle upon its Rental and Return
Shaka Waikiki Car Rental shall assist you with the inspection of the interior and exterior of the vehicle upon pick up prior to leaving the Shaka Waikiki Car Rental location. Upon the completion of the reservation, you shall return the vehicle to Shaka Waikiki Car Rental in the same condition in which it was received. Shaka Waikiki Car Rental shall assist you with the inspection of the interior and exterior of the vehicle upon your return.
Place for Return of the Vehicle
The vehicle must be returned to the Shaka Waikiki Car Rental location specified in the AGREEMENT.
Prohibited Use of the Vehicle
It is a violation of this AGREEMENT if you use or operate or permit the vehicle to be used or operated:
- a)by anyone not an authorized driver, as per Section 3 of this AGREEMENT;
- b)by anyone who has provided false or fraudulent information to Shaka Waikiki Car Rental and Shaka Waikiki Car Rental would not have rented the vehicle or approved the individual as an authorized driver if Shaka Waikiki Car Rental had received true or accurate information;
- c)to carry persons for hire or for other commercial use; to tow or push anything;
- d)in a speed test or contest; in a driver training activity; or on unpaved roads;
- e)by anyone who is under the influence of alcohol, drugs or other substance likely to impair the driver's judgment or driving ability;
- f)in connection with conduct that could properly be charged as a felony; or
- g)in an intentional, willful or reckless manner, such as:
- (i)when the vehicle is loaded beyond its rated capacity; or contains dangerous or illegal materials or substances;
- (ii)with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;
- (iii)transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by Shaka Waikiki Car Rental or yourself;
- (iv)while texting, emailing or using a cellular phone or other mobile communication device; or
- (v)when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle.
Additional Violations of the Agreement
It is also a violation of the AGREEMENT if you or any other driver:
- a)fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to Shaka Waikiki Car Rental and to the local police authorities;
- b)fails to promptly provide Shaka Waikiki Car Rental or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with the investigation efforts;
- c)fails to fully and promptly cooperate with Shaka Waikiki Car Rental in any claim process or legal proceeding resulting from an accident or claim involving the vehicle;
- d)fails to remove the keys (excluding valet parking situations) or to close and lock all doors, or fails to close all windows and trunk when the vehicle is left unattended and the vehicle is subsequently stolen or vandalized;
- e)allows smoking or pets in the vehicle, other than certified assistance animals;
- f)drives the vehicle while too sleepy or drowsy to safely operate the vehicle;
- g)fails to return the vehicle on the date and time indicated in the AGREEMENT or immediately on demand from Shaka Waikiki Car Rental; or
- h)tampers with, removes or otherwise causes to be disabled any GPS device installed in the vehicle.
Miscellaneous Charges
You shall pay for the period of time you have possession of the vehicle at the rate indicated in the AGREEMENT, plus, if applicable, the number of miles you drive. The minimum charge is one 24-hour day, plus mileage, if applicable. Shaka Waikiki Car Rental will determine the miles driven from the vehicle odometer at time of rental and at time of return. The daily charge applies to consecutive 24-hour periods starting with the time of rental.
You will also pay all charges that apply to the rental such as but not limited to early and late return, additional and underage drivers, car seats, other miscellaneous services, airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and other fees and surcharges specified in the AGREEMENT, as well as for all applicable taxes and tax-related surcharges.
Loss Damage Waiver (LDW / CDW)
Loss Damage Waiver or Collision Damage Waiver ("LDW" or "CDW") is not insurance and is not mandatory. If you accept the LDW, you will be responsible to pay the daily LDW rate for each full or partial day that the vehicle is rented to you or otherwise in your possession. If you accept and pay for the LDW and are not in violation of the AGREEMENT, Shaka Waikiki Car Rental will assume all loss of or damage to the vehicle, except for loss or damage caused by a single vehicle incident or accident, or any prohibited use specified in Section 7 and 8 of this AGREEMENT, as permitted by applicable state law.
The cost of the LDW is as follows:
- a)a daily surcharge of $16.95 plus a deductible of $1,000.00; or
- b)a daily surcharge of $29.99 with no deductible.
Loss of or Damage to the Vehicle
If you do not accept the LDW, or if you accept the LDW but the vehicle is lost or damaged as a result of a prohibited use specified in Section 7 or 8 of this AGREEMENT, you are responsible to pay Shaka Waikiki Car Rental upon the return of the rental or at the point of the accident for the loss of or any damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, Shaka Waikiki Car Rental's Incidental Costs, as noted below.
If the vehicle is damaged, you will pay Shaka Waikiki Car Rental's estimated repair costs, or if Shaka Waikiki Car Rental decides to sell the vehicle in its damaged condition, you will pay Shaka Waikiki Car Rental the difference between the vehicle's fair market value before it was damaged and the actual sale proceeds received by Shaka Waikiki Car Rental.
You may, where and to the extent permitted by applicable state law, also be liable to Shaka Waikiki Car Rental for loss of use of the vehicle (which is the number of days it takes to repair the vehicle and return it to rentable condition multiplied by the applicable daily rental rate less any saved expenses); diminished vehicle value (which is the difference between the fair market value of the vehicle before it was damaged and after it is repaired); towing and storage charges, and any other related costs and expenses incurred by Shaka Waikiki Car Rental (collectively "Incidental Costs"); plus an administrative fee of up to $150.
If the vehicle is stolen and not recovered within 30 days you shall pay Shaka Waikiki Car Rental the vehicle's fair market value before it was stolen plus an administrative fee of up to $150.
If your responsibility to Shaka Waikiki Car Rental is covered by insurance, you shall provide Shaka Waikiki Car Rental with the name of the insurer, your policy number and contact information for the insurer and you authorize Shaka Waikiki Car Rental to submit a claim for any of its losses or damages, including Incidental Costs and any administrative fees to your insurance company upon the completion of your rental. You remain liable to Shaka Waikiki Car Rental for any losses sustained in excess of what your insurance actually covers. Additionally, you agree to pay Shaka Waikiki Car Rental for any deductible or other amounts due that is not covered by your insurance or paid by your insurance company.
Fuel Service Charge
All vehicles are rented with a full tank of fuel and Shaka Waikiki Car Rental requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, Shaka Waikiki Car Rental will charge you a fuel service charge at the applicable rate specified in the AGREEMENT. To calculate this charge, Shaka Waikiki Car Rental will calculate the number of gallons of fuel needed to refill the vehicle's fuel tank (based on the vehicle's gas gauge and the capacity of the vehicle's fuel tank), and then multiply by the prevailing per-gallon pump price of premium fuel in the area plus a $5.00 service fee.
Cleaning Fees
Shaka Waikiki Car Rental maintains a clean and smoke-free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke-free condition. You will pay a cleaning fee (up to $500 depending on the condition of the vehicle) for interior and exterior cleaning upon its return and if there are any unusual stains, smells (including cigarette and cigar smells), sand, dirt or soil in or on the vehicle attributable to animals, pets or any other use of the vehicle. A minimum cleaning charge of $150 may be applied by Shaka Waikiki Car Rental in its sole discretion.
Key and Owner's Manual Replacement Costs
You will be responsible for the costs incurred by Shaka Waikiki Car Rental to replace the key(s) to the vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle. If the owner's manual is provided in the vehicle and is not returned, you will be responsible for the costs incurred by Shaka Waikiki Car Rental to replace the manual plus an administrative fee of up to $100.
Traffic / Parking Violations
You are responsible for and will pay any and all traffic and parking violations while you are in possession or control of the vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees due to the governing municipality. In addition, you will be responsible for all costs and expenses incurred by Shaka Waikiki Car Rental, including reasonable attorney fees, plus an administrative fee of up to $100 per violation.
Liability Insurance / Protection
An authorized driver of the vehicle, as those terms are defined by the AGREEMENT, may, under certain circumstances, be considered an insured under certain Shaka Waikiki Car Rental insurance policies. Except where required by law to be primary, any insurance protection provided by Shaka Waikiki Car Rental shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent.
Insurance protection may arise where an authorized driver of the vehicle causes "bodily injury" or "property damage" (as those terms are defined in Shaka Waikiki Car Rental's pertinent insurance policies) to others. The Shaka Waikiki Car Rental provided insurance protections shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own "bodily injury" or "property damage." If insurance protection is extended by operation of law to a person or instance unintended by the terms of the AGREEMENT, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Shaka Waikiki Car Rental has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both.
Waiver of Liability Insurance / Protection
Unless required by governing law, Shaka Waikiki Car Rental will not provide (and you waive) liability insurance protection for: (a) your death, bodily injury or damage to your property or other property within the vehicle; or (b) the death, bodily injury or property damage of any member of your family, the vehicle's driver's family or a fellow employee of you or the driver.
Unless required by governing law, Shaka Waikiki Car Rental will not provide supplementary no-fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, then such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, you and Shaka Waikiki Car Rental reject and waive for you and all other passengers in the vehicle, any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance.
Supplemental Liability Insurance (SLI) & Exclusions
Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from Shaka Waikiki Car Rental. Shaka Waikiki Car Rental has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
Child Safety Seats
You may opt to use a Shaka Waikiki Car Rental provided child safety seat, or your own child safety seat, during your rental. Shaka Waikiki Car Rental will provide instructions on how to properly install and use the Shaka Waikiki Car Rental provided child safety seat, which instructions will include an installation guide and instructions from the manufacturer. Failure to properly follow such instructions may result in injury or death to your child should an accident occur. Notwithstanding Shaka Waikiki Car Rental's provision of instructions, you are solely responsible for the proper installation and use of any child safety seat, whether provided by Shaka Waikiki Car Rental or yourself.
Indemnification and Waiver
You agree to indemnify and hold Shaka Waikiki Car Rental and its suppliers harmless from any loss, liability and expense that Shaka Waikiki Car Rental incurs arising out of the use of the vehicle while in your possession, including reasonable attorney's fees: (a) which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction, or the limits of any liability protection that Shaka Waikiki Car Rental furnishes to you, (b) which results from any unauthorized use or prohibited operation of the vehicle as specified in sections 7 and 8 above, or (c) which results from any injury as a result of your use of a child safety seat.
Repossessing the Vehicle
Shaka Waikiki Car Rental shall have the right to repossess or demand the return of the vehicle at any time, without prior notice to you, if it is found illegally parked, being used in violation of the law or the terms of the AGREEMENT or appears to be abandoned. If the vehicle is repossessed, you agree to pay all costs incurred by Shaka Waikiki Car Rental in the repossession process.
Credit Card Charge / Reserve
Prepaid Reservations excepted, you agree to pay at the end of the rental or on demand by Shaka Waikiki Car Rental all charges, fees, expenses, taxes, surcharges and other amounts due to Shaka Waikiki Car Rental pursuant to the AGREEMENT (including Incidental Costs) and you authorize Shaka Waikiki Car Rental, from time to time, to charge your credit card for the full amount(s) due pursuant to the AGREEMENT.
You acknowledge that if you use a credit card your available credit, up to an amount of the estimated total charges due under the AGREEMENT plus an additional $200, may be reserved or set aside by the card issuer. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that Shaka Waikiki Car Rental will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer's rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the vehicle.
Collections
If you do not pay all amounts due to Shaka Waikiki Car Rental under the AGREEMENT upon demand, you agree to pay a late charge of 1½% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, "Charges"). You agree to also pay for any costs that Shaka Waikiki Car Rental incurs in seeking to collect such Charges, including, without limitation, court costs and reasonable attorney's fees in addition to an administrative fee of up to $150, recovery expenses, insufficient funds fees and collection fees.
Errors in Charges / Fees
The charges and fees shown on the return record are not final and are subject to review by Shaka Waikiki Car Rental. You will pay any undercharge and receive a refund for any overcharge Shaka Waikiki Car Rental discovers on review.
Lost or Damaged Property
Shaka Waikiki Car Rental is not responsible for loss of or damage to any personal property in or on the vehicle, in any service vehicle, or on Shaka Waikiki Car Rental's premises, whether or not received or handled by Shaka Waikiki Car Rental.
Voiding of Rental, Optional Services and Insurance Coverages
TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW, ANY VIOLATION OF THE PROVISIONS OF THE AGREEMENT, SUCH AS USE OF THE VEHICLE BY AN UNAUTHORIZED DRIVER OR OTHER VIOLATION OF THE PROHIBITED USES, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND THE RENTAL AGREEMENT AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES OR INSURANCE COVERAGES THAT YOU HAVE ACCEPTED, INCLUDING SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL EFFECTS INSURANCE, PERSONAL ACCIDENT INSURANCE AND LOSS DAMAGE WAIVER.
Changes to the Agreement
Any change to any provision in the AGREEMENT must be agreed to by a duly authorized representative of Shaka Waikiki Car Rental.
Global Positioning Satellite System
The vehicle may be equipped with a device that allows Shaka Waikiki Car Rental to use a global positioning satellite or other technology, as and to the extent permitted by applicable state law, to track, locate and/or disable the vehicle and to provide such information and capability to law enforcement agencies at any time and especially if you fail to return the vehicle when and where required under the AGREEMENT or otherwise violate any provision of the AGREEMENT.
Emergency Systems
For your comfort and safety, the vehicle may be equipped with and Shaka Waikiki Car Rental is authorized to activate a device which may provide a link to access available emergency, police and other third-party service providers.
E-Toll
If you use e-Toll, TxToll or similar automatic toll charge system, you will be charged at time of the return of the vehicle to Shaka Waikiki Car Rental or thereafter for all tolls incurred during the rental period based upon the actual toll charges received by Shaka Waikiki Car Rental.
Roadside Assistance
If you are in need of roadside assistance, find yourself in an emergency situation or you have other customer service inquiries, please call the number provided on your rental agreement.
Miscellaneous
- a)Failure by Shaka Waikiki Car Rental to complain of any action or non-action on your part, no matter how long that situation may continue, shall not be deemed to be a waiver by Shaka Waikiki Car Rental of any of its rights as provided in the AGREEMENT. No waiver at any time of any of the provisions in the AGREEMENT by Shaka Waikiki Car Rental shall be construed as a waiver of any other provision in the AGREEMENT and a waiver at any time of any of the provisions in the AGREEMENT shall not be construed as a waiver at any subsequent time of the same provisions.
- b)You waive and release any claim against Shaka Waikiki Car Rental for incidental, special or consequential damages in connection with the vehicle rental.
- c)If any term or provision of the AGREEMENT, or its application to any person or circumstance shall, to any extent, be invalid, unenforceable or otherwise contrary to applicable law, the remainder of the AGREEMENT, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, unenforceable or contrary to applicable law, shall not be affected, and each other term and provision of the AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.
- d)To the extent permitted by applicable state law, the AGREEMENT shall be governed by and construed under the laws of the State of Hawaii.
- e)In the event of any legal or administrative proceedings between you and Shaka Waikiki Car Rental arising out of or relating to the terms of the AGREEMENT, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs, expenses and reasonable attorneys' fees from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.