Terms & Conditions

TERMS AND CONDITIONS OF RENTAL AGREEMENT TO HIRE RENTAL VEHICLE

The SmartRental Rental Agreement comprises these terms and conditions and the rental document setting out the hire details (referred to in these terms and conditions as the "Rental Document") is included in the rental jacket. The SmartRental Rental Agreement is made on the date specified between SmartRental Rent A Car (herein referred to as "the owner") and the hirer (herein referred to as "the hirer") whose particulars are recorded in the Rental Document. It is hereby agreed as follows:

DESCRIPTION OF PAYMENT METHODS
We accept all credit cards from internationally recognised credit card companies - such as American Express, Eurocard/Mastercard, Visa, JCB.
We do not accept any prepaid cards or debit cards (Visa Electron).

The renter must be the owner of the indicated credit card. The authorised driver details and method of payment will be confirmed at reservation stage and cannot be amended. The confirmed credit card should be valid and available for presentation on collection of the vehicle. All extra costs that occur during the car rental will be charged to this credit card.
By booking a prepaid rate, the credit card will be charged before the start of rental, directly with the estimated total amount of rental. The amount that will be charged on your credit card comprises the price of the rental as well as all additional extra fees.

POLICY DESCRIPTION OF EALRY RETURNS
The rental charge (plus any other charges agreed, e.g. exemptions from liability, delivery charges, airport charges etc.)  as a matter of principle, be paid in full for the agreed rental period, i.e. if the vehicle is collected late or returned early there shall be no refund.
 
POLICY DESCRIPTION OF CANCELLATION (ON THE PART OF THE CLIENT)
A full refund of the prepaid reservation will be madei f the cancellation is made before 7 days of the picking up time
Less an administrative fee of EUR 45.00 if the cancellation is made the week the customer supposed to pick up the car.
No refund if the car is cancelled 72hours before the pick up time

VEHICLE DESCRIPTION AND TERM OF HIRE
1. The owner will let and the hirer will take the motor vehicle, details of which are described in the Rental Document (herein referred to as "the vehicle"), for the term of hire as described in the Rental Document.

PERSONS WHO MAY DRIVE THE RENTAL VEHICLE
2. The vehicle may be driven during the term of hire only by the persons named on the Rental Document or in a supplementary driver's sheet attached to the Rental Agreement, and only if they hold a current full driver's licence appropriate for the vehicle while they are using the vehicle.

PAYMENTS BY HIRER
3. The hirer shall pay the owner for the hire of the vehicle the sum or sums specified in the Rental Document.
4. The hirer acknowledges that they shall be liable at the end of the hire term to pay to the owner any applicable additional charges payable at the end of the term. These include, but are not limited to:

  • charges for return to other location from the one written to the Rental Document
  • charges for damage to or repair of the vehicle (subject to the other terms of the Rental Agreement)
  • and any enforcement charges relating to such damage or repairs (including legal costs)

5. The owner will deduct the charges set out in clauses 3 and 4 above from the hirer's credit card during or after the term of hire is completed, or the hirer may pay such charges as agreed with the owner, such choice to be at the owner's sole discretion.

6. If the hirer fails to pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the hirer was required to pay the money, the owner may, without prejudice to any other rights or remedies the owner may have or be entitled to, charge the hirer and the hirer must pay all additional costs as outlined below:
(a) interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days from the date on which the hirer was required to pay the money to the date of payment
(b) all costs incurred by the owner for the collection of the unpaid money by a debt collection agency or other external or legal agency and
(c) an administration fee of €50.

PLEASE NOTE:

SmartRental accepts the following credit/charge cards as credit identification at the time of rental:

  • American Express
  • Diners Club
  • Mastercard
  • Visa

Debit Cards are accepted provided that the card displays the Visa or Mastercard logo, has been issued by a bank, has the customer's name and card number on the card, and the funds are being debited from a cheque/current account.

Prepaid and Reloadable Debit cards are not accepted.

USE OF THE VEHICLE
7. The hirer shall not:

  • sublet or hire the vehicle to any other person
  • operate the vehicle or allow it to be operated in circumstances that constitute an offence against or driving under the influence of alcohol or drugs
  • operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated for showing off driving skills

HIRER'S OBLIGATIONS
8. The hirer shall ensure that:
a) all reasonable care is taken when driving and parking the vehicle
b) the water in the vehicle's radiator and battery is maintained at the proper level
c) the oil in the vehicle is maintained at the proper level
d) the tyres are maintained at their proper pressure
e) the vehicle is locked and secure at all times when it is not in use
f) no part of the engine, transmission, braking or suspension systems are interfered with
h) should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and advise the owner immediately
i) all drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement and
j) any authorised driver carries their driver's licence with them in the vehicle at all times and will produce it on demand to any enforcement officer.

OWNER'S OBLIGATIONS
9. The owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

MECHANICAL REPAIRS AND ACCIDENTS
10. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the owner of the full circumstances by telephone immediately.
11. The hirer shall not arrange or undertake any repairs or salvage without the owner's authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
12. 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance call outs including refueling, jump start, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged.
13. If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at the owner's sole discretion.

RETURN OF VEHICLE
14. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Document or obtain the owner's consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause, the hirer shall be liable for additional charges for the late return of the vehicle as set out in the Rental Document.

LIABILITY
15. The hirer is liable for:

a) any loss of, or damage to, the vehicle and its accessories
b) any consequential damage, loss or costs incurred by the owner, including salvage costs, loss of ability to re-hire and loss of revenue and
c) any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.

INSURANCE
16. The hirer of the motor vehicle offered insurance by the owner, but the hirer can make their own insurance arrangements, provided these are approved by the owner. If the owner is not satisfied that the hirer's insurance is comparable to the owner's, the owner may decline to hire the vehicle.
17. An additional Damage Administration fee of €75 plus VAT will be applied for processing damage claims. This fee applies to all damage claims This fee may be refunded if it is proven that the damage was not due to the hirer's fault.

INSURANCE EXCLUSIONS
18. The hirer acknowledges that the insurance cover will not apply:
a) at any time when the driver of the vehicle is under the influence of alcohol or any drug
b) at any time when the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle
c) at any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle
d) at any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them
e) at any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle.
f) at any time when the vehicle is driven by an unlicensed person
g) at any time when the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer's authority or control;
h) at any time when the driver commits a traffic offence while driving the vehicle
i) at any time when the vehicle is loaded or is being loaded in excess of the manufacturer's specifications
j) at any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the vehicle
k) at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law
l) to any fine or penalty imposed as a result of prosecution for breach of any law
m) to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes
n) to any wear and tear to the vehicle
o) to any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be €1,000,000
p) at any time when the vehicle was being driven on any of the following any unformed roads and/or roads other than tarseal or metal; including but not limited to beaches, driveways, or any surface likely to damage the vehicle; or
q) at any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the owner to the hirer.

TRAFFICOFFENCES
19. All penalties related to traffic and/or parking offences are the responsibility of the hirer and the owner may charge the hirer's credit card for any traffic and/or parking offence infringement fees incurred by the hirer. The owner undertakes, in the event that the owner receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).

The owner may also charge an administration fee of €30 plus VAT to cover the cost of processing and sending to the hirer notices related to traffic and/or parking infringements.

CANCELLATION OF HIRE AGREEMENT
20. The owner has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise.

GPS
21. The hirer acknowledges that they are liable for:
(a) damage to or loss, including theft, of the GPS unit and/or its accessories.
The charge is €150 plus VAT per unit and
(b) a handling and freight fee where any GPS accessory is damaged and/or not returned with the GPS unit. The charge is €30 plus VAT per rental.

PERSONAL ACCIDENT INSURANCE and PERSONAL EFFECTS and BAGGAGE
22. If the hirer elects to take this additional cover, the hirer acknowledges that they are bound by the terms and conditions as specified by the underwriter of the insurance product offered. A copy of the "Product Disclosure Statement" relating to the Personal Accident Insurance will be provided to a hirer taking up this additional cover.

PRIVACY ACT
The information requested from the hirer is to enable the owner to assess the hirer's request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer's personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the owner. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.

NOTE TO HIRER
THE OWNER MUST GIVE THE HIRER AT LEAST ONE COPY OF THE RENTAL AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER..