Terms

Didi Car Rental & Sales LTD. Rental Agreement Terms and Conditions

  1. This Rental Agreement is between Didi Car Rental & Sales LTD (herein referred as “Didi”) and the Renter as described on the front page hereof. With the signature on the front page hereof, the renter hereby agrees to rent the Vehicle described on the front page hereof (the “Vehicle”) from Didi on the terms and conditions set out below and the front page hereof.
  2. The Renter understands and agrees that only the Renter and the Additional Driver(s) authorized on the front page hereof, who must hold a valid driver’s license, may drive or have care and control of the Vehicle during the terms of this Rental Agreement, or a 2000 CAD fine should be applied. The Renter further understands that the Renter shall, subject to anything to the contrary stated herein, be responsible for any loss or damage arising from the use of the vehicle by the authorized drivers.
  3. Changes: Any change in this rental agreement or our rights must be in writing and signed by an authorized Didi officer. The Renter further agrees that Didi have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Didi website. Where the Renter needs to extend the rental period indicated on the original Rental agreement, the Renter is liable to inform Didi the intention to extend and obtain the written or verbal permission from a Didi officer. The Renter acknowledges that the period for this Rental Agreement will be extended till the end of the new due time. The Renter understands that Didi will collect any rental fees or any other applicable charges for the extended rental period without further notice upon the extension request of the Vehicle Rental.
  4. Payment: The renter agrees to pay Didi the following charges for use of the Vehicle pursuant to this Rental Agreement:
    1. Time charges shall be computed at the rates specified on the front page hereof. Rental Days consist of consecutive 24 hours starting at the time when the Vehicle rental begins. Additional charges for any additional time after the end of a Rental Day will be payable by the Renter to Didi at the daily rate shown on the front page hereof
    2. Kilometers charges, if applicable, shall be charged at the rate indicated on the front page hereof multiplied by the number of chargeable kilometres that the Vehicle was driven during the Renter’s rental of the Vehicle. The number of kilometers driven shall be determined by subtracting the Vehicle odometer reading at the beginning of the rental period from the odometer when the Vehicle is returned.
    3. Damage Waiver (DW), if applicable, are due and payable in full for each Rental Day at the rates specified on the front page hereof.
    4. Sales Taxes, Goods and Service Tax and any other applicable taxes shall be paid by the Renter to Didi.
    5. Any other charges payable hereunder, including but not limited to the following: (i) administration fees, being any fees incurred by Didi in collecting the charges due under this Rental Agreement; (ii) fines and other fees incurred by Didi arising from the use of Vehicle during the term of the Renter’s rental thereof; (iii) recovery expenses, being the costs incurred by Didi to recover the Vehicle if it is not returned by the Renter; (iv) any late payment charges described herein; and (v) Additional Driver charges, being Didi standard charge for permitting any Additional Driver(s); (vi) Young Driver Fee, being a Didi standard charge for permitting any authorized driver(s) under the age of 25 to have access to the Vehicle.
  5. All amounts payable by the Renter to Didi hereunder shall become due and payable upon the return of the Vehicle or, in the event of any breach of the terms of this Rental Agreement by the Renter, at such other time as Didi shall determine.
  6. The Renter agrees to pay interest at the rate of 2% per day on any overdue amounts.
  7. The Renter understands and agrees that the Renter may not set-off or deduct any amounts from these charges payable by the Renter to Didi.
  8. The Renter shall be liable to Didi for any and all loss or damage to the Vehicle, without regard to whether the loss or damage was caused, in whole or in part, by the Renter or any other party or the negligence of same unless such liability is covered by any additional coverages offered by Didi and accepted by the Renter.
  9. Optional Coverages
    1. Damage Waiver: Notwithstanding the foregoing, the Renter has been offered the opportunity to obtain a waiver of Didi’s right to claim against the Renter for damage to the Vehicle caused by collision between the Vehicle and another Vehicle (including a motor vehicle) while the Vehicle is being rented by or in the care and control of the Renter. The waiver shall be herein referred to as the “DW”. If the Renter accepts full or partial DW on the Rental Agreement at the additional daily rate, for each rental day that the Vehicle is rented to the Renter and the Vehicle is operated in accordance with this agreement, Didi agrees to release the Renter from the Renter’s liability to Didi for damage to the Vehicle if the damage exceeds the deductible amount indicated on the front page hereof and the Renter has paid the deductible amount, without regard to whether the damage was caused by the Renter or any other party or by the negligence of same. The Renter understands that any deductible amounts indicated on the front page shall be payable by the Renter to Didi. The Renter understands that and agrees that even though the Renter has agreed to pay Didi a fee for the DW, the Renter shall still be liable for any loss of the Vehicle or damage to the tires, wheel rims, windows and windshields, interior and undercarriage of the Vehicle, and any tools and accessories provided by Didi along with the Vehicle. The Renter understands that the DW offered by Didi also does not cover any damage arising to the truck box due to insufficient height or width clearance or incorrect loading or load shift. The Renter hereby acknowledges and understands that the DW is not an insurance policy and not mandatory.
    2. Where the Renter wishes to transfer the Renter’s own vehicle rental insurance policy on to the Vehicle, as evidenced on the front page hereof, the Renter is considered as not accepting any DW offered by Didi and shall be responsible for any loss of or damage to the Vehicle whether the loss or damage are caused by the Renter or any other party. The Renter acknowledges the initials on the front page authorize Didi to make a claim directly to such insurer(s). The Renter further agrees to do all such things, sign all such documents and grant all such assignments and authorizations as are reasonably necessary to allow or assist Didi to initiate and/or process any such insurance claims. Notwithstanding the foregoing, Didi makes no warranties or representations as to the assignability of any other any insurance such coverage of the Renter to the Vehicle and it is the Renter’s responsibility to ensure that any such coverage is valid.
    3. Where the Renter has agreed to accept and paid the fee for DW so long as the Renter has not breached the Renter’s obligations under paragraphs 16, 17or 22 of this Rental Agreement, the Renter shall not be liable for the damage to the Vehicle, except to the extent that such damage is not covered by the DW as described above.
    4. The Renter understands that notwithstanding any DW coverage obtained by the Renter from Didi, the Renter shall still be responsible for any overhead fees incurred by Didi in connection with any claims under such coverage.

Delivery and return of the vehicle

  1. Delivery of the Vehicle: The Renter acknowledges and agrees that the Vehicle is the property of Didi, and that the Vehicle is delivered in good condition without any damage except as noted on the front page. It is the Renter’s responsibility to ensure that any damage is noted on the Renter’s Agreement copy. In the event of any dispute, the inspection notes on the front page of this Rental Agreement shall be conclusive proof of the condition of the Vehicle at the time of delivery of same to the Renter. The Renter acknowledges and agrees that Didi does not expressly provide any warranty or representation as to the roadworthiness of the Vehicle or its fitness for any particular purposes.
  2. Return of the Vehicle: The Renter agrees to return the Vehicle to Didi’s only location in Downtown Victoria (643 David St, Victoria, BC V8T 2C9), no later than the due time set out on the front page hereof or sooner if demanded by Didi for reasonable cause. If the Vehicle is not returned by the due time, Didi may contact the Renter demanding immediate return of the Vehicle. If the Vehicle is not returned immediately, Didi may at the Renter’s expense, using such means as Didi considers necessary or advisable, recover the Vehicle where and when it is found. If the Renter returns the Vehicle earlier than the due time set out on the front page hereof, the Renter understands that no rental fees will be refunded in any form and no store credit will be provided.If the Renter fails to return the Vehicle after two reminders from a Didi officer, a penalty which equal the same amount of the total rental fees charged for the rental period will be payable by the Renter to Didi.
  3. After hours return: Where Didi so authorizes and allows, the Renter may elect to return the Vehicle to Didi after business hours and deposit the keys to the Vehicle at a designated drop box for the keys. The Vehicle and the risk of any loss or damage to the Vehicle remains the responsibility of the Renter until Didi’s staff physically checks the Vehicle the next day that Didi regularly opens for business. The Renter will be charged all rental and applicable fees, charges and costs under this Rental Agreement until such time as both the keys and the Vehicle are returned to Didi and the returned Vehicle is physically checked by Didi staff as aforesaid.
  4. Condition of return: The Renter agrees to return the Vehicle undamaged and in as good condition as the Vehicle was in when it was delivered by Didi to the Renter, fair wear and tear due to reasonable use expected. Where the Renter returns the Vehicle in an unclean or commercially unrentable condition, including but not limited to the generality of the foregoing, any additional cleaning, repair in the unavailability of the Vehicle by Didi, the Renter shall be liable to pay rent at the then current daily rental rate of the Vehicle from the date of the return of the Vehicle to Didi until the date on which the Vehicle is again available for rental. In addition, a cleaning fee starting from $50 will be assessed and shall be payable by the Renter to the Customer in full amount.
  5. Lost or damage vehicle: The Renter agrees that where the Vehicle has been lost or damaged while being rented by the Renter and is unavailable to be rented out by Didi, then in addition to any other damages which Didi is entitled to claim, and as liquidated damages and not as a penalty. Didi will be entitled to recover from the Renter, a premium rate for each rental day that the Vehicle is unviable for rent, equal to the then prevailing daily rental rate for the type of the Vehicle rented.
  6. Fuel and Service charge: The Renter understands that the Renter is required to return the Vehicle with at least the same amount of fuel as was when the Vehicle was delivered to the Renter. If the Renter elects not to refuel the Vehicle to the same level as when the Vehicle was received, the Renter shall pay to Didi an amount equal to the actual cost incurred by Didi in refueling the Vehicle plus a service charge of 50 CADadministration fee of fuel required to refuel the Vehicle to the original level.
  7. Prohibited USE:

The use of the Vehicle in any manner below as a Prohibited Use shall constitute a breach of this Rental Agreement. The Renter hereby understands and agrees that any such branch of this Rental Agreement shall void the benefits that the Renter has agreed to obtain under the Optional coverage described in paragraph 9 and will also result in the Renter being fully responsible for actual and consequential damages, costs and solicitors fees resulting from that breach. Under this Rental Agreement, neither the Renter nor any Additional Driver(s) may use, operate or drive the Vehicle:

  1. In violation of any law, statute or regulation, including without limiting the generality of the foregoing. the Motor Vehicle Act, the Criminal Code, and the Insurance (Motor Vehicle) Act;
  2. For any illegal purpose, including the illegal transportation of persons, drugs or contraband;
  3. For any off-road use;
  4. For towing or propelling any vehicle, trailer or object;
  5. For transporting people or property for hire;
  6. In any speed contest or in a reckless, abnormal or abusive manner, including for stunts;
  7. While under the influence of any drugs, alcohol or other intoxicant;
  8. Outside the providence of British Columbia without the prior written consent of Didi;
  9. When it is reasonably apparent that any further use of the Vehicle is likely to cause (damage to the Vehicle or aggravate/increase existing damage to the Vehicle;
  10. On any road, lane or highway not maintained by a municipal, provincial, or federal authority;
  11. Smoking, any type of drug use including cannabis or alcohol use;
  12. With more persons in the Vehicle than can legality be accommodated with seat belts; or
  13. In driver training activity;

Such uses the Vehicle shall herein be referred to as “Prohibited Uses”. In addition, a $500 fine shall be payable by the Renter to Didi if any prohibited use(s) of the Vehicle is found.

LIABILITY OF RENTER

  1. The Renter shall be liable for any loss of or damage to the Vehicle caused by or arising from the Vehicle being driven, or used by any person other than the Renter or any Additional Driver(s) named on the front page hereof.
  2. The Renter shall, upon demand by Didi:
    1. Pay all fees, charges, and costs at the rates and in the amounts set out in paragraph 4of this Rental Agreement. In the event the Renter has directed payment to a third party, and such third party fails or refuses to make payment, the Renter shall promptly make such payment to Didi, upon demand;
    2. Pay all costs, charges and expenses, including actual legal fees and disbursements as between solicitor and own client, incurred by Didi to collect its fees, charges and costs from the Renter to regain possession of the Vehicle from the Renter;
    3. Pay the amount of any and all fines, penalties and forfeitures, including parking, traffic and photoradar violations incurred during the period in which the Renter has rented the Vehicle;
    4. Reimburse Didi for all its related collection and other expenses including an administrative fee of $50 relating to the cost of collection or to the cost of providing information about the Renter to a court or government agency in connection with any parking or traffic violations involving the Vehicle during the period when the Vehicle was rented by the Renter.
    5. Pay to Didi the value of accelerated depreciation where the Vehicle has been in an accident which has caused damage to the Vehicle in excess of $2,000.00, unless the Renter has obtained and pay for DW and such DW has not been terminated or void pursuant herein contained.
    6. Where the Vehicle is returned to a location other than the one from where it was rented, without the prior written consent of Didi, pay to Didi the greater of S200.00 or $1.00 per kilometer for the distance between the location where the Vehicle vas returned and the location where the Vehicle was rented.
  3. The Renter authorizes Didi to process a credit card voucher for any amounts payable to or recoverable by Didi under this Rental Agreement, All amounts payable or recoverable under this Rental Agreement are subject to final audit by Didi, including charges for refueling (which are only estimated at the time of return). THE RENTER AUTHORIZES Didi TO DEBIT THE RENTERS CREDIT CARD ACCOUNT AT ANY TIME(S) AFTER THE OF THE VEHICLE FOR ANY AND ALL AMOUNTS PAYABLE TO Didi UNDER THIS RENTAL AGREEMENT.
  4. The Renter understands and agrees that Didi shall not be responsible for any loss or damage to any personal property left in the Vehicle by the Renter or by any Additional Driver(s) who was authorized to access the Vehicle during the time when the Vehicle was rented by the Renter. The Renter hereby agrees to indemnity and save Didi harmless from any claims against Didi arising in connection with any such loss or damage to personal property.
  5. The Renter hereby agrees that:
    1. Didi shall not be liable for any loss of or damage to any motor vehicle or its contents left at or stored at the premises of Didi, including any loss of use or enjoyment of the said motor vehicle or its contents;
    2. In the event of breakdowns of the Vehicle, Didi shall not be responsible for any loss or damage arising to the Renter or to any others arising therefrom, including, without limiting the generality of the foregoing. for any loss of time or income, inconvenience, loss of use of the Vehicle or Other consequential loss or damage;
    3. Didi shall not be liable to the Renter for any loss or damage arising from the unavailability of a vehicle booked or requested by the Renter, including any loss of time, income, inconvenience, loss of use of the Vehicle or other consequential loss of damage;
    4. Didi is authorized by the Renter to release to any court or government agency, any information relating to the Renter and any Additional Driver(s) as Didi has in its possession;
    5. The Renter will not allow anyone to service or repair the Vehicle without the prior written consent of Didi.
    6. Within 24 hours of any accident involving the Vehicle or any theft of all or any part of the Vehicle, the Renter shall immediately report the incident to the nearest police department and provide a written report to Didi,
    7. If Didi finds the Vehicle illegally parked, apparently abandoned or being used in a manner prohibited under the terms of this Rental Agreement, Didi may recover the Vehicle, without demand, using such means as Didi deems necessary or advisable, and in such event, the Renter waives any rights to make any claim against Didi as a result of Didi’s recovery of the Vehicle pursuant to this provision;
    8. The Renter may not assign its rights hereunder to any other party.
  6. The Renter acknowledges and agrees that the Renter shall be responsible to ensure that the Vehicle is at all times locked and the Renter shall secure the Vehicle when the Renter is not occupying same. If the Vehicle is lost or stolen and the Renter cannot deliver to Didi the original keys to the Vehicle, the Renter agrees that the Renter shall be conclusively deemed to have left the keys in or about the Vehicle and DW, if any, shall terminate and the Renter shall be fully liable to Didi for any and all loss or damage resulting from the loss or theft of the Vehicle.
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