The company Pura Van Ltda., with corporate identification number 3102747918 present the rental agreement for a camper style motor vehicle to be governed by the following terms and conditions as well as the documents attached:
One. The vehicle is fully operational and in good condition, both internally and externally, and includes a spare tire, emergency tool set with jack and cross rim wrench, camping equipment, etc.
Two. Destination: The LESSEE shall use the motor vehicle for personal transportation, such that the LESSEE shall not be permitted to sublease it not permit third parties to use it and may not participate in resistance or speed competitions. Furthermore, the LESSEE shall not infringe the load or passenger limits established by the vehicle’s manufacturer and never more than the number of seats available.
Three. Driving: The motor vehicle shall be driven by the LESSEE or any other person indicated as an additional driver herein. All drivers of the vehicle shall be older than 21 years of age and possess a current driver’s license.
Four. The LESSEE shall be the depositary and, as such, custodian of the motor vehicle and shall assume all civil and criminal liability that entails until such time that the vehicle is duly returned to the LESSOR. Moreover, the LESSEE shall be liable for and shall pay all expenses incurred in repairing any damage that may occur to the vehicle as the result of fearless or illegal driving, driving off the official roads recognized by the Ministry of Transport and Public Works (MOPT, for its acronym in Spanish), or driving on roads that are not appropriate for the type of vehicle rented (roads that are flooded or in poor condition, beaches, etc…). Furthermore, the LESSEE shall:
- Check and maintain the correct levels of water/coolant and oil.
- Use only the type of fuel that is appropriate for the vehicle rented.
- Check and maintain the appropriate tire pressure.
- Lock the vehicle whenever it is parked and carry the keys at all times.
- Stop driving and inform the LESSOR of any warning light that may require mechanical attention.
- Immediately inform the LESSOR in the event of an accident and shall not move the vehicle until authorized to do so by a traffic officer or insurance agent.
- Not smoke or transport pets (with the exception of service dogs) inside the vehicle.
- Not perform any repairs on the vehicle, unless to prevent greater damage, in which case the LESSEE shall inform the LESSOR for their approval.
- Not use the vehicle to tow trailers or carts.
- Not drive the vehicle while under the influence of alcohol or any other toxic substance that may affect regular driving.
- Not use the vehicle to exit the country of Costa Rica.
- Safeguard the vehicle’s documentation and license plates. In the event one or more of the documents are lost, the LESSEE shall cover any expense or loss caused to the LESSOR.
In the event the vehicle needs to be replaced, it shall be subject to the availability of another vehicle with similar characteristics and to the discretion of the LESSOR. The only expense the LESSOR shall be directly responsible for is that of transferring the LESSEE to the place where the replacement shall take place. Under no circumstances shall the amount paid by the Lessee be greater than that of the unitary price for renting the vehicle.
Five. Return. Upon completion of the term of the agreement, the LESSEE shall return the motor vehicle in the same condition in which it was received and at the time and place agreed upon with the LESSOR. Failure to return the vehicle under these conditions shall cause the LESSOR to report the vehicle as stolen.
In the event the vehicle is returned extremely dirty, the LESSOR reserves the right to charge $100 USD for cleaning services.
Six. Lessee’s Responsibilities. While the motor vehicle is in the possession of the LESSEE, s/he shall be liable for and shall cover the costs of:
a) Any damage caused to the vehicle or to third party property where the amount is less than $ 800 US dollars (deductible amount).
b) Any damage caused with the motor vehicle to third parties where the amount is less than $ 800 US dollars (deductible amount).
c) Any damage caused with the motor vehicle to the property or persons travelling inside the motor vehicle where the amount is less than $ 800 US dollars (deductible amount).
d) Any violations of the TRANSIT LAW FOR PUBLIC LAND ROUTES AND ROAD SAFETY
e) Any damage to or loss of the equipment provided by the LESSEE. The price of each item is as follows:
|EXTENSION CORD||5.00||CAMPING SHOWER||10.00|
|POWER BANK||20.00||20 LITER CYLINDER||30.00|
|LAMP||20.00||10 LITER COOLER||45.00|
|LIGHT BULB||10.00||40 LITER COOLER||100.00|
|ROOF TOP TENT||2,300.00||BEACH GAMES||10.00|
|CAMPING KITCHEN||20.00||BLANKET (EACH)||20.00|
|BBQ||25.00||WATER ROOF TANK||500.00|
|AIR MATTRESS||50.00||WARE BOX||25.00|
|USB FAN||15.00||HEAD TORCH||15.00|
|SET OF PANS||55.00||AIR SOFA||20.00|
|DISHES, CUPS, SILVERWARE||150.00||ELECTRIC PUMP||45.00|
|FIRST AID KIT||25.00||SNORKEL GEAR||25.00|
f) Any damage caused to the vehicle by negligence or improper use by the LESSEE. The price of each item is as follows:
|DAMAGE||PRICE EN USA $|
|LIGHTS PER UNIT||300,00|
|PAINT PER PIECE||160,00|
|STRAIGHTENED BY PIECE||160,00|
|DOOR HANDLES BY UNIT||60,00|
|BACK LOAD MIRROR||110,00|
|SKIRTS BY UNIT||250,00|
|INTERIOR LINING (PER SEAT)||200,00|
|INTERIOR LINING CEILING||450,00|
Seven. Noncompliance of any of the obligations or prohibitions herein shall entitle the LESSOR to terminate the present rental agreement without being obligated to reimburse the LESSEE for any amount whatsoever.
Eight. Warranty and Payment. The LESSEE shall pay for the hired services prior to receiving the vehicle.
The LESSEE shall pay 30% of the total amount in order to reserve the vehicle. This amount shall not be reimbursable should the LESSEE cancel the reservation within 30 days of the reservation date.
The LESSEE shall permit a hold in the amount of $800 to be placed on his/her credit card as a security deposit, which the LESSOR shall return provided that, at the end of the agreement, the motor vehicle is returned in the same condition as when it was received, is current on the payment of any and all rental fees, and has no criminal or civil debt that may result in the vehicle being used as collateral for payment. The LESSEE undertakes to pay any amount in excess of the security deposit should it not be enough to remedy the damages or to pay the violations committed during the leasing period. In the event the infractions have been appealed, the amount charged for the infractions shall be reimbursed once the appeal has been found admissible by the corresponding authority.
Nine. Disclaimer and Assumption of Risk.
- The LESSEE shall inform the LESSOR of any item of the equipment that is found to be in poor condition. The LESSOR shall not be liable for any damages that may arise from the use of the equipment provided.
- The LESSEE shall inform the LESSOR in the event training is needed for the correct use of the equipment. The LESSEE shall be liable for any and all damages caused to the equipment as a result of inappropriate use.
- The Lessor shall not be liable for any damage or loss that occurs due to natural phenomena, the environment, the weather, or any other case of force majeure.
- The LESSEE shall be covered by the insurance provided s/he act in compliance of the terms and conditions stipulated by the insurance company and this contract, and that the amount of the damages is greater than the DEDUCTIBLE OF $ 800 (eight hundred USA dollars).. Otherwise, the LESSEE shall bear all civil and criminal liability and shall cover the expenses incurred in rectifying any event that may have taken place. The LESSOR shall only be liable for damages that are greater than the amount of the DEDUCTIBLE of $ 800 (eight hundred USA dollars) provided that it is determined that the LESSEE acted in accordance with the clauses of the insurance company and this contract.
Ten: Arbitration Clause. Court of Arbitration. For any dispute that may arise from the interpretation and compliance of this agreement, the parties shall submit to the jurisdiction of the courts of law of the Republic of Costa Rica, waiving any other jurisdiction that may apply and indicating their elected domiciles as those stated herein; the LESSEE waiving his/her domicile so that any dispute may be filed in the jurisdiction corresponding to the domicile of the LESSOR.
Eleven: Should the vehicle be rented by the LESSEE under fraud or false statements and used in the commission of illegal activity, such use shall be construed as unauthorized by the LESSOR, who shall not be liable for the actions or crimes in which it is used.