Car Rental Terms and Conditions (TH)
This Agreement (‘Agreement’) is between the signatory to the YESAWAY Co., Ltd. (‘YESAWAY’) rental agreement, being the renter of The Vehicle (‘You’) and YESAWAY.
Article One: The Liabilities of YESAWAY
1.YESAWAY agrees to rent the Vehicle to You in good order and condition and with full set of licenses for the Period specified on the agreement. In the event that any failure occurs to the Vehicle in the normal use, YESAWAY will replace the Vehicle based on the actual conditions.
2.YESAWAY ensures that the rental Vehicle is consistent with the agreed one; otherwise You are entitled to terminate the Rental Agreement.
3.YESAWAY provides free Vehicle maintenance and repair under fair wear and tear situation.
4.YESAWAY provides a Twenty-four (24) Hour Breakdown Roadside Assistance Service for the Vehicle within this municipality area.
5.YESAWAY will assist You in handling traffic accidents and processing insurance claim.
6.YESAWAY is obliged to keep Your personal information confidential.
7.YESAWAY accepts no responsibility to any joint liabilities of the third party resulting from You during the rental period.
8.No circumstance shall YESAWAY be liable for any loss or damages of the property to You or any other passengers.
9.YESAWAY will not be liable to You or any authorized drivers for any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement.
Article Two: The Liabilities of Yours
1.Drivers shall be You or any persons who are nominated or employed by You and approved by YESAWAY, and shall be duly qualified and holding a valid driving license for over one year in addition to minimum rental age of 23 years old.
2.The age of the driver must range from 21 to 65 during the vehicle rental period. Additionally if the driver is under the age of 23, Young Driver Fee will be charged subject to the local store.
3.You ensure all information submitted is accurate and real in respect of the rental Vehicle or Your dealings with any law enforcement officers or other authorities during the rental period. Otherwise, You will be liable to all the loss of YESAWAY and bear corresponding legal responsibilities.
4.You shall keep the Vehicle, including all the equipment and additional service items (such as GPS, baby safety seat, car chargers etc.) in good condition. Otherwise, any loss or damages to the foresaid shall be borne by You.
5.In case that any breakdown or damage occurs to the rental Vehicle, You shall immediately report to YESAWAY and shall not change, repair or transform any parts of the Vehicle without YESAWAY’s consent. Otherwise, You must pay the full compensation.
6.Once You purchase the additional driver option, the name of each additional driver must be indicated in the Agreement, and You and all drivers herein are jointly and severally responsible under this Agreement.
7.You shall comply with the local traffic regulations, not carrying more passenger than the law permitted or driving beyond the speed limit (Accordance with the law, a baby in arms is also regarded as a passenger).
8.You shall operate the rental Vehicle rationally, and ensure that the rental Vehicle runs on a normal conditioned road. Moreover, for safety and efficacy, You shall avoid any unusual driving on sandy beach or muddy roads or others that would cause damages to the rental Vehicle.
9.NO smoking or durians are allowed in the vehicle, otherwise a cleaning fee will be charged.
10.Once You breach the terms and conditions herein, YESAWAY is entitled to terminate the Agreement and repossess the Vehicle without notifying in advance, and You will be liable for the loss.
Article Three: The Rental Vehicle Pick-up and Return
1.You received the Vehicle in good order and condition excepting so far as indicated as Agreed Damage on the Vehicle Condition Report. You are required to return the same Vehicle together with all tyres, tools, car documents, accessories and equipment in the same conditions (ordinary wear & tear excepted) to the agreed return location on the date specified on the rental agreement unless both parties agree to an extension or sooner or YESAWAY requests to repossess the Vehicle .
2.You, before driving away, shall carefully inspect the rental Vehicle both interior and exterior，and inform our staff once any additional damages found. Please be noticed that the Vehicle Condition Report shall prevail once the Vehicle is driven away.
3.You agree to grant the right for YESAWAY to enter upon any premises owned or occupied by You, or where necessary in order to repossess the Vehicle. Furthermore, You at all times indemnify YESAWAY against any claims made by any third party resulting from YESAWAY’s repossession of the Vehicle.
4.In case You return the Vehicle during out of the Business Hours, Your liability for damage and theft shall extend to the time at which that rental location is next open for business (This is using the regular time to that location).
Article Four: Prohibited Use
1.The rental Vehicle must never be used for any of the following purposes,
(1)To transfer, sublease, sale, pledge, pawn or investment the Vehicle or any violation of the ownership of YESAWAY.
(2)To engage in any activities involved in violation of laws or regulations of the Kingdom of Thailand.
(3)To transport goods in violation of Customs Regulations or in any other illegal manners
(4)To convey passengers or property for commercial purpose
(5)To propel or tow any Vehicles or trailers without the consent of YESAWAY
(6)In motor sport events (including racing, pace making, rallying, reliability trails and speed testing)
2.The Vehicle must never be used by the following people
(1)By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed by the Road Traffic Acts.
(2)By any person providing a fictitious name or false age or address to YESAWAY.
(3)By any other person without authorized by YESAWAY in writing
(4)By any person is suffering from any physical infirmities or defective vision or hearing.
3.The Vehicle shall not be driven outside of the border of the Kingdom of Thailand.
Article Five: Insurance
1.You are responsible for all expense, cost or loss incurred during the period, per incident, in respect of the vehicle, regardless of fault. YOU MAY LIMIT THIS RESPONSIBILITY BY PURCHASING A COLLISION DAMAGE WAIVER (“CDW”).
2.Insurance coverage of CDW and SCDW is for accident or damage to body of the vehicle only (excludes the roof, underbody, glass, tyres).
3.The amount payable under “CDW” for each vehicle during the rental period equals to the Accident Damages Excess in addition to any or all of the following. If accident renders the vehicle unfit to drive, YESAWAY will offer you a replacement vehicle for the unused rental period，but you shall pay for the Amount of loss of, or damage to, the previous vehicle first. If more than one accident occurs during the rental period, YESAWAY is entitled to terminate the Agreement and repossess the Vehicle without notifying in advance.
(1)Damage resulting from water damage (other than as a result of partial or total immersion in water, where that results from your negligence, recklessness or carelessness);
(2)Damages resulting from partial or total immersion in water, where that results from Your negligence, reckless or careless;
(3)Damages resulting from any accident, being
① Damages caused by Single Vehicle Accidents (which may be reduced to zero if You accept the SCDW)
② The loss resulting from any accident if an offer of compromise or admission of liability is made or any other such action is taken in respect of that Accident without following the local legal procedures.
(4)Damages resulting from improper use of Vehicle (Article4 Item 1), Vehicle used by any prohibited persons (Article4 Item 2), or any action that breach of this agreement;
(5)Damages or loss resulting from the Vehicle being in any Full Responsibility Area;
(6)Damages caused by objects overhanging or otherwise obstructing the path of the Vehicle.
4.In case of the Vehicle damaged badly or stolen within the rental period, You shall be liable to the loss of benefit (the loss will be counted by the daily rate, but no exceeding 30 days) and the cost for finding a replacement Vehicle including the value of the rental Vehicle, as well as any costs that not covered by the insurance. Except the insurance policy take effect, the above costs will be borne by You.
5.You must pay full compensation value including the value of the rental Vehicle to YESAWAY if the rental Vehicle was seized or legal restraint.
6.In case of any accidents or damages involve the third party, but lack of a detailed report on the accidents or any information of the third party, or a delay beyond the deadline of insurance claim, or inadequate proof for insurance claims, all the losses（including but not limited to the rental rates）will be borne by You.
7.In case You let any other person who without authorized by YESAWAY in writing to drive the vehicle and incurred accident or damages, all the responsibilities and losses shall be borne by You (including but not limited to vehicle depreciation, benefit loss and third party compensation).
8.In case the cause of the accident is beyond the scope of insurance claims, all losses shall be borne solely by You.
Article Six: You consent to pay YESAWAY on demand
Time Charges The rental charges shall be paid by You in accordance with the Agreement, Rental day calculation is based on consecutive 24-hour periods (The minimum charge is one 24 hour day). 1 hours grace period after agreed return time is charge for free. If you return the vehicle over six hours after the agreed time, you may be charged three times of the daily rent for your forced extension.
Pick-up/Return Charges A Charge for delivering and/or collecting the Vehicle at/from, any locations other than those YESAWAY rental locations for which no charges apply.
Drop-off location If the drop-off location is different to the renting location, You shall pay the drop-off charges. Additionally, if You leave the Vehicle at the other places other than where agreed without the consent of YESAWAY in writing, YESAWAY will calculate at the rate per kilometer fee YESAWAY is defined as any time to calculate from the renting location to the place where the Vehicle was left.
Additional Insurances If You need to purchase other additional insurances, the fee will be subject to the renting location.
Fuel Costs YESAWAY practices “Full Tank Out and Full Tank In” policy (Unless indicated on the Vehicle Condition Report). Save where You take up the Fuel Purchase Option, YESAWAY will provide a refueling service if You elect to return the Vehicle with less fuel than a full tank and You agree to pay the fuel rates and refueling service fee.
Cleaning Charges In case of any dirtiness inside or/and outside of the Vehicle, You will bear the cleaning fee.
Collection Expenses An amount is equal to YESAWAY’s expenses and costs incurred in collecting from the charges payable under this Agreement. You will also pay all costs of collection, including attorney fees, an interest at the highest rate, permitted by law on any part-due amounts.
Government Charges and Penalties You are responsible for an amount equal to all penalties, charges and taxes or other imposts levied by any Government or government body in respect of the Vehicle incurred at any time during the rental period, such as Parking Fee, Toll Fee, penalties and so on, plus a reasonable charge for YESAWAY’s processing of any such penalty or charge.
Surcharges An amount that YESAWAY determines is a reasonable contribution towards the additional further operating costs of conducting business in certain regions or at certain venues.
Administrative Charges A reasonable amount for any administrative functions YESAWAY undertakes in respect of Your rental of the Vehicle that YESAWAY considers unusual or additional, including the payment of any Government charges.
Breakdown Roadside Assistance You are responsible for the cost of providing the breakdown roadside assistance service, where the problem (for which assistance is requested) is not a problem with, or inherent to the Vehicle.
Additional Service Charges You acknowledge and agree to pay any services or products provided by YESAWAY during the rental period, such as GPS, baby seat, phone and so on..
Miscellaneous You are responsible for an amount equal to all other costs, expenses, claims, demands and penalties incurred or otherwise resulting from the use of the Vehicle by You or any other person during the rental period. Except some subsequent cost, all charges under this clause should be paid at the end of the rental period.
Cancellation fee No cancellation fee will be charged if the renter cancel the reservation before the pick-up time.
No Show Fee If the renter do not cancel the reservation prior to the time of pick-up or the rental vehicle is not picked up on the pickup time, the vehicle will be reserved for the renter within 24 hours after pick up time. But the reservation will be automatically canceled, if the vehicle has not been picked up within 24 hours after pick up time and the entire prepaid amount will be forfeited.
Article Seven: Solution of Accident, Theft and Penalty
1.You must report any Accident or Single Vehicle Accident (irrespective of whether it results in the Vehicle being damaged, stolen or destroyed) to YESAWAY as soon as possible after any Accident or Single Vehicle Accident. Besides that, You must deliver to YESAWAY a correctly and completed written report after the Accident or the Single Vehicle Accident or otherwise on YESAWAY’s demand.
2.You agree to assist YESAWAY (at YESAWAY’s cost and direction) in respect of any claim or action caused by any Accident or Single Vehicle Accident, including attending court to give evidence.
3.No offer of compromise, settlement, indemnity, compensation or any other admission of liability shall be given to any persons involved in the accident.
4.Any papers or documents received by You concerning the Accident or Single Vehicle Accident must be promptly given to YESAWAY. You further agree to ensure that any other person who received any such papers or documents concerning the Accident or Single Vehicle Accident provide those papers and documents promptly to YESAWAY.
5.You agree to take immediate action to inform YESAWAY in case of any traffic or parking fines incurred during the rental period.
Article Eight: Credit Card Payment
1.You authorize YESAWAY to charge the credit card, the imprint of which or the number of which You provide to YESAWAY in respect of all fees and amounts payable under this Agreement (including the relevant service fees, maintenance, equipment replacement fee, etc.).
2.You warrant that the Credit Card is Yours and You (whether alone or with another person) are responsible for all amounts credited to that Credit Card.
Article Nine: General
1.Other matters not covered in this agreement, shall be solved in accordance with relevant laws, regulations or rules.
Article Ten: Governing Law
1.This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and You are hereby submitted to the exclusive jurisdiction of Thailand Court.
Article Eleven: Payment Clause
1.Guangzhou Yuewang Information Technology Co.，Ltd shall be responsible for the transaction conducted in Thailand, in order to ensure adequate operational support for customers in respect of refund and cancellation.