Please read the Agreement carefully to understand your obligations in full

 Responsibility

Ours:

• We are responsible for providing you with a vehicle in a safe and roadworthy condition and for replacing the vehicle in the event of breakdown, theft, or accident (unless there is a Prohibited Use of the vehicle).
• We are not responsible for statements made by travel agents or third-party booking services as they are not our employees or agents.

Yours:

• You must care for, use, and return the vehicle in accordance with the Agreement and pay the amounts due. Additionally, you confirm and agree that all information provided by you including your contact details are true and correct.
• You must ensure that you hold a valid licence to operate the vehicle rented.
• You must ensure that you comply with all applicable laws and regulations relating to the use of the vehicle.

Rental Period

Your rental charges are calculated in 24-hour periods from the time shown on the Rental Agreement. If you return the vehicle late you enter into a new 24-hour period and will be charged for that and every successive 24-hour period you enter at a current, standard rate.

To help you, we typically allow a short ‘grace period’ to return the vehicle without being charged an extra day.

Condition

It is your responsibility to check the overall condition of the vehicle at the start of the rental period and on return. We will provide a summary of any pre-existing damage on our Vehicle Condition Report on your Rental Agreement.

Care

You are responsible for looking after the vehicle and reducing the risk of breakdown and damage by making sure there is not a Prohibited Use of the vehicle (defined below). You must also make sure you use the correct fuel.

Fuel

We will supply your vehicle with a full tank of fuel. You will need to return the vehicle with a full tank or pay for the additional fuel required to fill the tank on return at the price indicated plus refueling fee $30.00. You must only refuel with the type of fuel specified by Blue Pacific Car Hire location staff.

Important – Breakdowns

If you experience any problem with the vehicle due to mechanical failure you agree to stop driving (as soon as practicable), park the vehicle, and call us for assistance.

Important – Child Seats

It is your responsibility to ensure that appropriate child seats have been fitted for children travelling in the vehicle. Blue Pacific Car Hire is not responsible for any fines, injury, death, or other losses caused by not having child seats fitted in the vehicle or by children not being restrained in child seats fitted in the vehicle.

The Driver

You and any person driving the vehicle must be 21 years of age or over and must hold and present a current driver’s licence that:

• is in English or, if not in English, is accompanied by a certified English translation;
• is valid for driving the reserved vehicle;
• is not a learner/restricted/provisional driver’s licence;
• the driver has held a full licence for at least twelve consecutive months;

As per the laws of Samoa, a Temporary Samoan Drivers licence must be issued for all overseas valid licences in order to drive any vehicle whilst in Samoa.  This can be done at a cost of $21.00 per licence/driver at the time of renting the vehicle.

If a driver does not meet the above requirements, we may need to consult the relevant legal body to determine if permissible to issue a Samoan Temporary Licence

The Renter

As the Renter You may allow other persons to drive the vehicle provided that you have checked that the person meets the age and licence requirements specified in this section and that they are either:

• a member of your immediate family who is permanently living with you;
• your employer, employee, fellow employee or partner and the rental of the vehicle is for business purposes; or
• a person who is contracted to perform work for you, or your employer, or an employee of a person or entity who is contracted to perform work for you, or your employer, and the rental of the vehicle relates to the performance of work; or
• any other person approved in writing by Blue Pacific Car Hire

Prohibited Uses

If there is a Prohibited Use of the Vehicle, we may terminate the Agreement and take back the vehicle at any time at your expense. If the Prohibited Use has caused, or contributed to loss or damage to the vehicle, you are liable for that loss or damage up to the full value of the vehicle and related losses and fees including third party losses. Blue Pacific Car Hire may terminate this Agreement and repossess the Vehicle without notice if Blue Pacific Car Hire suspects that the Renter has breached this Agreement, or if it is likely that damage or injury may occur.  If Blue Pacific Car Hire repossesses the vehicle under the any circumstances, the Renter remains liable to pay to Blue Pacific Car Hire all cost and charges that has already incurred under this Agreement including repossession costs.

Prohibited Uses of a vehicle are:

• • you or your passengers acted recklessly or negligently with deliberate intent to cause loss or damage to the vehicle
  • the vehicle is damaged in the following ways:
  • the driver caused undercarriage damage to the vehicle;
  • a person sits or stands on the roof of the vehicle;
  • the driver causes damage above the windscreen line to the front, rear or side of the vehicle including but not limited to damage caused by striking overhead or overhanging objects (such as trees and bridges or entering carparks with insufficient clearance) or securing luggage or other items to the vehicle’s roof causing damage;
  • the driver drove the vehicle with existing damage where it is unsafe to drive, a flat tyre, ignored a warning light, put the wrong fuel in the vehicle or lost the keys;
  • driving the vehicle while under the influence of any drug, substance, or intoxicating liquor at any time
  • failing to take reasonable precautions to safeguard the vehicle such as leaving windows open or keys in the vehicle;
  • the use of the vehicle by a person who was not authorised by Blue Pacific Car Hire as the main or additional driver or did not meet the driver and/or age requirements in the Agreement;
  • the vehicle is used to carry passengers (e.g., as a taxi or car sharing arrangement) unless Blue Pacific Car Hire consents in writing, or to carry cargo, for hire, reward, or payment of any kind;
  • the vehicle is overloaded with passengers and/or baggage;
  • the vehicle is driven on a beach or through a flooded road or otherwise through a body of water (including but not limited to a FORD, ditch, or riverbed), or natural disaster which could be avoided including fire, storm or cyclone; The Customer proceeds at own risk and expense on all private and unpaved roads.
  • in any race, speed test, contest, or in any negligent or unsafe manner or in violation of any law
  • to propel or tow any vehicle or trailer or carry an excessive load or in a manner as to result in unreasonable wear and tear to said vehicle;
  • for any illegal purpose;

Payment

The Customer will pay the Owner on demand all charges for: time; comprehensive insurance cover; state taxes; all applicable fines and court costs for parking, traffic or other legal violations assessed against said vehicle.

Bond

Cancellation and Refunds

Cancellation received prior 7 days of booking – no fee applies
Cancellation received within 7 days of booking – 2 days fee applies
No Show – 3 days fee applies.

Refunds will only be made to the Credit Card used to make payment, or in cash at the discretion of Blue Pacific Car Hire

Delivery

Tyres

Customer to repair their own flat tyre. If broken/damaged due to carelessness by the customer, then Customer is liable to pay for a new tyre as quoted by Blue Pacific Car Hire.

Insurance

The Customer will pay the Owner’s costs to repair collision or upset damages to said vehicle, including loss of use to be charged at the rate of $90 per day during the period said vehicle is being repaired, PROVIDED HOWEVER, if said vehicle is operated in accordance with all the terms hereof including the obligations listed above, Customer’s liability for such damage will not exceed SAT$3,000.00 as evidence by customer’s signature on the Rental Agreement.

Windscreen Excess

INSURANCE EXCESS on the Vehicle windscreen/windows is SAT$3,000.00 and non-waivable.

Third Party Cover

The Customer acknowledges that he is solely liable for any and all personal injuries including death and property damage, arising out of, or by reason or the use of said vehicle HOWEVER the inclusive comprehensive insurance cover provides the Customer with insurance against third party property damage and third-party bodily injury to a maximum of SAT$50,000.00 in each case.

Insurance Excess Reduction

By purchasing the Insurance Excess Reduction, the customer agrees with all terms & conditions set forth in this rental agreement. And the owner agrees the customer’s liability for damages will not exceed, see below

By purchasing the Excess Reduction OPTION 1, client’s liability for damages will not exceed the amount of SAT$1,500.00

By purchasing the Excess Reduction OPTION 2, client’s liability for damage will not exceed the amount of SAT$0.00

In case of an accident

Please contact us immediately if you have been in an accident or damaged the vehicle.  If necessary, you will need to attend the nearest Police Station to file a Police Report providing the details of your accident or the theft including any third-party information even if there is no damage to the vehicle.  You may need to complete an insurance claim form.  Our team will assist you.

If the accident/damage is not caused by negligence or recklessness all that needs to be paid is the insurance excess or cost of repairs if the damage is less than the excess.

• Do not make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability.
• Complete and provide to Blue Pacific Car Hire within a reasonable time any statements, information, or assistance which Blue Pacific Car Hire or its insurer may reasonably require including
  • attending at lawyer’s office and/or at Court to give evidence.

If the vehicle is lost, stolen, abandoned or damaged during the rental (eg. involved in an accident), for each incident you are responsible even if it was not your fault (e.g., other driver’s fault).

This liability applies except to the extent that:

• the damage constitutes fair, wear and tear on or provided to you at the start of your rental;
• the loss or damage is directly due to our negligence or wilful default including our failure to properly maintain the vehicle; or
• the damage or loss was caused by a third party, and you have complied with your obligations so that we have sufficient details about the third party and/or their insurer for us to recover the loss or damage from the third party and/ or their insurer. We may charge you the estimated damages or your applicable excess (whichever is less) per incident and once the loss or damage is recovered, we will refund you any difference owed;

Termination of Rental Agreement

We reserve the right to terminate your Agreement at any time if:

• you have not paid an invoice or any other request for payment (whether verbal or in writing) or your Card is declined, or your bank reverses the charges made to your Card and you fail to pay the amount due within 24 hours of being notified by Blue Pacific Car Hire that the invoice is
• we are required by the police or any other regulatory authority to take possession of the vehicle from you
• the vehicle is not returned by the agreed return date
• we reasonably believe you have materially breached, or are likely to materially breach, the Agreement; or we have reasonable grounds to believe there has been or likely to be a Prohibited Use of the vehicle.

In the event of termination and/or repossession you will not be entitled to a refund of any part of the rental charges in so far as the termination and/or repossession is caused by your actions or omissions.

Disputes

We aim to resolve all complaints and disputes amicably, within 15 business days.

Further information regarding our disputes process contact:

Blue Pacific Car Hire

Phone +685 22668

Monday–Friday 8:30am – 4:30pm

Email manager@bluepacific.ws

Liability of Blue Pacific Car Hire

Blue Pacific Car Hire gives no warranty as to the condition of the vehicle, but nothing herein restricts the Renter from exercising his rights and remedies under the law of the Samoa. Where those laws permit Blue Pacific Car Hire to limit liability for breach of implied conditions or warranty, Blue Pacific Car Hire limits liability to replacement, repair, or resupply and in particular Blue Pacific Car Hire is not liable for any indirect or consequential loss or damage; and Blue Pacific Car Hire is not liable to any person and Renter indemnifies Blue Pacific Car Hire for any loss or damage to any property stolen from the vehicle or otherwise lost during hiring or any property left in the vehicle after its return to Blue Pacific Car Hire.

Notwithstanding the proviso under Payment, the Customer shall and will pay to the Owner in full or by any arrangement agreed upon between the Owner and the Customer, all and any charges, fines, and liabilities, inclusive of, but not exhaustive to

(i) legal costs as may be incurred by the Owner for any legal proceedings arising out of and as a result of the Car Rental Agreement with the Customer,

(ii) third party costs incurred by the Owner,

(iii) loss of income of both the Owner and third party, the Owner has incurred but which is/has not been covered under the Comprehensive insurance coverage or insurance policy of the said vehicle. In the event that the Owner is required to pay for such charges, fines or liabilities, resulting from the Customers reckless/negligent driving, the Owner has a right to recover/claim from the Customer such amount in full.