Terms and Conditions of Your Rental

Terms and Conditions of Rental Agreement Between us, ANSA Rentals, a division of McEnearney Quality Inc. (‘ANSA Rentals’), and you, the Customer

1. Your Contract with Us

   By signing the rental agreement, you are accepting our Terms and Conditions in relation to the rental of the vehicle which are incorporated into and shall govern the rental agreement. Please read them carefully. If there is anything you do not understand, please ask any member of staff at the place you rented the vehicle. If during your rental or on return you have any queries or complaints referring to the rental, you must notify the rental location of your query prior to ending the rental agreement. If, for any reason, the rental location cannot resolve your query, please write to our customer service centre at [email protected] within 45 days. ANSA Rentals cannot accept liability unless this procedure is strictly adhered to.

   At all times, the vehicle that ANSA Rentals has rented to you pursuant to the rental agreement (the ‘Vehicle’) shall always remain the sole property of ANSA Rentals.

2. Rental Period

   We agree that you will have the Vehicle for the rental period stated in the rental agreement until the return date stated on the Rental Agreement Summary.

   We may in our sole discretion agree to extend this rental period in writing but the rental period shall never be more than 3 months. We may require you to pay an additional deposit if we agree to extend the rental period.

   If you wish to extend the rental period in the agreement, you must contact ANSA Rentals with your request. If no extension of the rental period is expressly agreed to in writing by ANSA Rentals, in the event that you fail to return the Vehicle on time, you are breaching the conditions of the rental agreement. We can you at the daily rate applicable for the period , or such other rate as shall be available at the location from which you have rented the Vehicle, for every additional day you have the Vehicle after the expiry of the rental period that you should have returned it to us. For avoidance of doubt, ANSA Rentals can unilaterally increase this charge without further notice to you from time to time. As such, the actual rate payable may vary from the rates shown on the rental agreement. Until you return the Vehicle, we will charge you this daily rate, which shall always be available at the place you have rented the Vehicle. In the event of your breach of the conditions of this agreement, you hereby fully authorize ANSA Rentals to charge additional funds to your credit card provided in respect of the transaction.

   We operate on a 30 day changeover basis for our daily rental business and may require you to exchange the Vehicle. We will contact you if this is required.

   Subject to the following conditions, you can choose to return the Vehicle during our normal office hours before the agreed return date on the rental agreement and thereby terminate the agreement early (and the rental period shall be reduced accordingly). If you have prepaid the rental charges to qualify for a ‘special offer’/ discounted rate or similar promotion, you hereby agree no refund will be due for early termination. Otherwise, you will in such circumstances be required to pay our standard day rates (as well as any other applicable charges referred to in this agreement) for the days or parts thereof during which you rented the Vehicle. Our standard day rates change frequently and are published on our website www.ansarentals.com. These standard day rates may be higher than the daily rates you originally agreed with us. Similarly, the average daily cost of other applicable charges (such as insurance cover) for the reduced rental period may also be higher. You will also lose the benefit of any "special offer" rates (for example week-end rates that are dependent on hiring the Vehicle for a minimum specified period). Therefore, before choosing to return the Vehicle and thereby terminating the agreement early in this way, you shall first contact us to identify the revised charges payable. If you do not wish to pay such charges, you shall have no right to vary or terminate the rental agreement as described in this paragraph unless expressly agreed by us in writing.

   Any change to the return date will affect the charges referred to in the rental agreement but except as expressly stated or required by implication, early termination or an agreed extension of the return date shall not otherwise affect your or our respective rights and obligations under and/or the terms and conditions of this agreement. Any administrative steps taken by us as a result of an agreed extension to the rental period (including without limitation changes to our records, billing processes, document reference numbers or document dates) shall not affect your responsibilities to us under the terms and conditions of this rental agreement.

3. Your Responsibilities

   1. You must at all times look after the Vehicle, its accessories and the keys to the Vehicle and utilise the highest standards of care during the rental period. You must always lock the Vehicle when you are not using it and use any security device fitted to or supplied with the Vehicle. You must always protect the Vehicle against bad weather, which can cause damage. You must make sure that at all times you use the correct fuel, check fluid levels daily and adjust tyre pressures appropriately.
   2. You shall and are responsible for at all times driving the Vehicle safely, including observing the speed limits and traffic road signs, and always in accordance with the Highway Code and other laws of Barbados.
   3. You shall assume any and all liability that otherwise would be for the “owner” of the Vehicle in respect of any fixed penalty offence or parking penalty issued during the rental period regarding the Vehicle under or pursuant to the Road Traffic Act of the laws of Barbados or any other road traffic laws, regulations or bye-laws. Further you shall fully indemnify and reimburse ANSA Rentals for all costs, expenses and damages in respect of any such liability arising. In addition, you shall immediately upon request provide to us and any law enforcement bodies full, accurate and up-to-date information required in relation to you and the driver (where more than one driver is authorised, including without limitation details about the driver’s identity) relating to the use of the Vehicle during the period of the rental agreement and we rely on you to fully comply with that obligation to provide information.
   4. You are responsible for any damage to the Vehicle caused by hitting low-level objects, such as bridges or low branches and for damage caused by off-road or beach use or flood. You must not modify the Vehicle in any way. You shall assume any and all liability and shall fully indemnify and reimburse ANSA Rentals for all costs and expenses in respect of any such damage arising No roof or bike racks are permitted.
   5. You must not sell, rent or dispose of the Vehicle or any of its parts. You shall not in any way attempt to give any third party any legal rights over the Vehicle.

   For safety reasons, you must not under any circumstances top up any of the following fluid levels: Brake, clutch, transmission fluid or engine coolant. If a warning light appears on the dashboard, or you see low levels, then you must contact us immediately to arrange for assistance or a changeover of the Vehicle.

   1. You shall not let anyone perform any work or services on the Vehicle without our written permission. If we do give you such permission, we will only provide you with a refund if you have an invoice for the cost of the work and a receipt for payment.
   2. You shall notify us immediately upon become aware of any fault with the Vehicle.
   3. You shall return the Vehicle to the place and at the time we agreed, which will be during our normal office hours. An ANSA Rentals staff member must see the Vehicle to inspect it and confirm that it is in good condition. If we are unavailable to check the Vehicle’s condition, or if we have agreed that you may return the Vehicle of outside our normal business hours, you will remain responsible for the Vehicle and its condition until it is inspected by a member of staff who confirms that it is in good condition.
   4. You shall have to pay for reasonable costs of repair if:
      • we incur any costs to return the Vehicle to the condition it was in when the pre-rental inspection was carried out (for example if extra valeting time or repairs, materials or equipment are needed to restore the Vehicle to its pre-rental condition) and/or
      • the inside of the Vehicle has been damaged.
   5. Before you return the Vehicle you must check that you and/or any other third party have not left any personal belongings in the Vehicle. ANSA Rentals assumes no liability whatsoever for such personal belongings left in the Vehicle or responsibility for the safe return of such items to you.
   6. You must adhere to any instruction in the Vehicle relating to the maximum mileage the Vehicle can be driven.
   7. ANSA Rentals is committed to providing a safe, clean fleet of vehicles for our customers and employees. In order to meet this commitment, ANSA Rentals has a 100% non-smoking policy. A USD$250 cleaning fee may be charged for any vehicles returned with evidence of smoking discovered.
   8. You shall replace the quantity of fuel that we supplied at the start of the rental period.

4. Our Responsibilities

   We have maintained the Vehicle to at least the manufacturer’s recommended standard. We assure you that the Vehicle is roadworthy and suitable for renting at the start of the rental period. Also, provided that you are not renting the Vehicle for business purposes, we are responsible for loss caused by:

   • the Vehicle not matching our description of it.
   • the Vehicle not being of the quality that you would be entitled to expect from a typical rental vehicle of similar type and nature.
   • the Vehicle not being fit to drive.
   • us not having the legal right to rent out the Vehicle.

   We are responsible if someone is injured or dies as a result of our grossly negligent action or willful failure to act. We are also responsible for losses you suffer as a result of us breaching this agreement if the losses are a foreseeable consequence of us breaching the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the Vehicle is rented. ANSA Rentals shall not be liable for any loss, damages or expenses of any kind or amount arising from the performance of the Vehicle. In no circumstances shall ANSA Rentals be liable to you in contract, tort (including negligence) or for breach of statutory duty or otherwise for loss (whether direct or indirect) of profits, business, opportunity or anticipated savings or any indirect or consequential loss whatsoever and howsoever arising.  In any event, ANSA Rentals’ liability in contract, tort (including negligence) or for the breach of statutory duty or otherwise arising by reason of or in connection with this Agreement or howsoever whether for any one incident or any series of incidents, related or unrelated, otherwise shall be limited to fee charge in respect of the rental of the Vehicle under the Agreement for the rental period.

5. Conditions For Using The Vehicle

   The Vehicle must only be driven by you, by any other driver named on the rental agreement or by anyone else we authorise in writing. Anyone driving the Vehicle must have a full, valid driving licence and be legally permitted to drive in Barbados.

   You and any other authorised driver must not:

   • use the Vehicle for hire or reward.
   • use the Vehicle for any illegal purpose.
   • use the Vehicle for racing, pacemaking, testing the Vehicle’s reliability and speed or teaching someone to drive.
   • use the Vehicle while under the influence of alcohol or drugs.
   • load the Vehicle beyond the manufacturer’s maximum weight recommendations.
   • if the Vehicle is a commercial vehicle, use it for a purpose for which you need an operator’s licence unless you have one.
   • exceed the total number of passengers permitted in the Vehicle or for which the Vehicle is designed.

   You must make sure that any load placed in the Vehicle is secured properly and safely and in accordance with all applicable laws.

6. Towing

   You and any other authorised driver must not use the Vehicle for towing unless we have given you express written permission.

7. Charges

   Our charges are computer generated in accordance with the charges advertised where you hired the Vehicle from and are detailed on the rental agreement. You shall pay the following charges:

   1. The rental and any other charges we calculate and charge according to this agreement.
   2. Any charge, loss, damage, expense, cost or liability resulting from you not keeping to condition (c) under Clause 3 “Your Responsibilities” or otherwise arising as a result of your breach of the terms and conditions of the rental agreement.
   3. A refuelling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the [original] rental. The charge will be based on the rates printed on the rental agreement or shown to you at time of rental, or at the place you rented the Vehicle from (or all).
   4. All tolls, congestion charges, fines and court costs for parking, traffic or other offences (including any costs which arise if the Vehicle is towed). In particular-
      • You shall pay the appropriate authority any fines and costs if and when the authority demands this payment.
      • You shall pay all speeding fines. We shall, upon request, supply your details to the authority levying such penalty and we will provide you with a copy of any traffic violation notice.
      • If we are required to provide or pay such road tolls, fines, charges or associated costs, you agree that we may charge you with a reasonable administration charge for dealing with these matters and where applicable the amount of any fine.
   5. The reasonable cost of repairing any damage which was not noted on our Vehicle Condition Report completed at the start of the agreement, whether you were at fault or not (as long as we have complied with Clause 4) and the reasonable cost of replacing the Vehicle if it is stolen or is a writeoff (cannot be economically repaired) where you do not have any insurance (as set out in Clause 10 or 11) if and when we demand this payment.
   6. A loss-of-use/income charge, when we demand it, if we cannot rent out the Vehicle because it needs to be repaired, it is a writeoff or it has been stolen and we are waiting to receive full payment of the Vehicle’s value. We will only charge you for loss of income if we cannot get back the losses under the Damage Protection Programme, which will be charged at the standard daily rate. We will do all we reasonably can to make sure that the Vehicle is repaired or that we get payment as soon as possible.
   7. Any charges arising from any authority seizing the Vehicle, together with a loss-of-use/ income charge while we cannot rent out the Vehicle, if and when we demand this payment.
   8. Any rates for delivering and collecting the Vehicle.
   9. Interest, which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of our Bankers from time to time.
   10. Value Added Tax and all other taxes on any of the charges listed above, as appropriate.
   11. Any charges incurred by ANSA Rentals in respect of mileage limitations for the Vehicle or delay in returning it.

   You shall be and remain personally responsible for all charges, even if you have asked someone else to be responsible for them.

8. Payment by Credit Card

   For a transaction where the cardholder’s billing currency differs from the rental currency: you shall pay at the start date of rental in the currency of the country of rental (Rental Currency).

   • The following statement shall be printed on the rental agreement: « Final Charged amount will be converted into your Billing Currency » plus the 3-letter code identifying such currency (e.g. USD, GBP, EUR).
   • If for whatever reason the conversion cannot be processed by ANSA Rentals or our on-line payment channel Novapay Inc., or is declined by the cardholder at the time of rental, the transaction will be submitted in the Rental Currency and then converted afterwards by the card issuing bank according to their currency conversion conditions.

9. Our Insurance and Damage Protection Programme

   If we arrange separate insurance, we will give you separate information on the insurance cover and any restrictions which may apply. Otherwise, the conditions of our insurance and damage protection programme (the ‘Damage Protection Programme’) will apply. By signing the rental agreement, you are accepting the conditions of our insurance and Damage Protection Programme. You can get details of our insurance and Damage Protection Programme (including the main exclusions) from the office from which you rented the Vehicle.

   1. We have a legal responsibility to have third party insurance. This insurance provides cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to
   2. We will provide insurance cover for loss or damage to the Vehicle if you have purchased Damage Waiver as shown on the rental agreement. If you accept this, you still have to pay an amount up to the insurance excess every time you damage the Vehicle.
   3. We will provide cover for theft and damage to the Vehicle caused during an attempted theft if you have purchased Theft Waiver as shown on the rental agreement. If you accept this, you still have to pay an amount up to the insurance excess if the Vehicle is stolen. The insurance excess you have to pay in each case is shown on the Rental Agreement and will be charged accordingly.
   4. We will provide personal accident insurance and personal belongings insurance if you have purchased this and that is shown on the Rental Agreement.

10. Your Own Insurance

    You can arrange your own fully comprehensive insurance but you must have our permission in writing first and you must provide us with a valid cover note for the whole period of rental before the rental commences.

11. What to Do If You Have an Accident

    If you have an accident, you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:

    • make the Vehicle secure.
    • tell the police straight away if anyone is injured or there is a disagreement over who is responsible.
    • call our nearest office straight away.

    You must then fill in our incident report form provided and send it to the address shown on the rental agreement.

12. Data Protection

    You agree that we may use any information you have given us for the purposes of your proposed Vehicle rental, including taking bookings, deciding on whether to accept you as a customer, collecting payment and dealing with any follow-up issues that we need to discuss with you during your possession of the Vehicle and after its return, including your compliance with the rental agreement and these terms and conditions. We may also use any information you have given us to carry out our own market research.

    If you breach the agreement, we shall be permitted to keep a record of that to assist us with future decisions about you. We can also give this information to credit reference agencies, the Licensing Authority, debt collectors and any other relevant organisation who would like that information to decide or assist a third party to decide whether you should become a customer of theirs. We can also give this information to the Europcar Network members worldwide. Further, you acknowledge and agree that we may pass on any information that we collect about you or any driver to any law enforcement authority. You acknowledge that we may obtain or may have obtained information from third parties concerning your previous record of Vehicle rentals in order for us to decide whether to rent a Vehicle to you. Full details of our data protection policy can be obtained from the data controller at the address shown on the rental agreement.

    For the purposes of this Clause 13, “we” or “us” refers to any of our branches, any company in our group in any country or any of our franchises.

    The Vehicle may in ANSA Rentals’ sole discretion be equipped with a tracking device and/or a telematics system. You acknowledge and agree that such systems utilise personal data and that such systems also use mobile telephone, satellite and/or radio signals to transmit data and communication and therefore privacy cannot be guaranteed. You hereby expressly authorise (and confirm that any approved additional drivers authorise) us and/or our appointed third party service providers to use personal data for the purposes of the operation of an automatic crash notification system; the use of a Vehicle location system to investigate a potential or actual lost or stolen Vehicle (whether or not we are notified of this by you or someone else) and to co-operate with law enforcement authorities. In addition, you hereby expressly authorise (and confirm that any approved additional drivers authorise) our appointed third party service providers to use personal data collected for the purposes set out in this Clause 12 in order to provide us with services.

    You hereby accept (and confirm that any additional drivers accept) that a tracking device and/or a telematics system may alert us if:

    • the Vehicle leaves the territory it was rented for or enters any designated area (such as a port) so we will be aware if the Vehicle may be transferred abroad and
    • there are signs of tampering or attempted or actual removal of a tracking device.

    Notwithstanding the forgoing provisions, we are in no way obliged to use or ensure the proper operation of any tracking device or telematics system in the Vehicle.

    When you use any satellite navigation or infotainment system in this Vehicle, you are responsible for any information that is stored in the systems as a result of your use. We cannot guarantee the privacy or confidentiality of any such information and it shall be you sole obligation to erase that information before you return the Vehicle to us. If you do not do this, you hereby accept (and confirm that any additional drivers accept) that the next users of the Vehicle will be able to access this information.

    Ending the Agreement

    1. If you are a consumer, we will terminate this rental agreement with immediate effect, with no liability to pay any compensation, damages or financial sums upon ANSA Rentals determining in its sole discretion that any of your belongings have been taken away from you to pay off your debts, or a bankruptcy or receiving order has been made against you. We shall also have the right to end this agreement if you do not meet any of the requirements or breach of the terms and conditions this agreement.
    2. If you are a company, we shall have the right to end this agreement with immediate effect, with no liability to pay any compensation, damages or financial sums upon ANSA Rentals determining in its sole discretion that:
       • you go into liquidation, receivership or administration.
       • you call a meeting of creditors.
       • we find out that any of your goods have been taken away from you to pay off your debts.
       • you do not breach any of the terms and conditions of this agreement.
    3. If we end this agreement, it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs and expenses from you if you do not meet any of the main requirements of this agreement. We can also repossess the Vehicle and charge you a reasonable amount for doing so. You give us (and will not withdraw) permission to come on to your premises (or those on which the Vehicle is situated) for that purpose without using unreasonable force or causing damage.
    4. After the end of this agreement, however it is ended, you must keep the Vehicle safe and not use it except to return it to our nearest office.

13. Governing Law and Miscellaneous

    This agreement is governed by the laws of Barbados. Any dispute may be settled in the courts of that country or, if we choose, elsewhere. The failure of ANSA Rentals to insist upon strict performance of any of the terms and conditions that form part of this rental agreement shall not be construed as a waiver of such terms and conditions. lf any of the provisions of this rental agreement are held to be invalid, illegal or unenforceable, this will not affect the validity, legality and enforceability of the other provisions.