Terms & Conditions
- The Car Renter hereby agrees to rent the vehicle(s) described above from Bayshore Easy Drive on the terms and conditions set out herein.
- The Car Renter understands and agrees that only the Car Renter (and the Additional Driver named above, if any) who must hold a valid driver's license, may drive or have care and control of the vehicle during the term of this Rental Agreement. The Car Renter further understands that the Car 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 Additional Driver.
- The Car Renter agrees to pay to Bayshore Easy Drive the following charges for use of the vehicle pursuant to this Car Rental Agreement:
- timely, hourly or weekly, charges shall be calculated at the rates specified above;
- kilometer charges, if applicable, shall be charged at the rate indicated above multiplied by the number of kilometers that the vehicle was driven during the Car Renter's possession;
- LDW charge if so chosen by the Car Renter; and
- any other charges payable hereunder, including, without limiting the generality of the foregoing:
- collection expenses, being any expenses incurred by Bayshore Easy Drive in collecting the charges due under this Rental Agreement;
- fines and other expenses incurred by Bayshore Easy Drive arising from the use of the vehicle during the term of the Car Renter's rental hereof;
- recovery expenses, being the costs incurred by Bayshore Easy Drive to recover the vehicle if it is not returned by the Car Renter on the Return Date;
- any late payment charges described herein;
- Additional Driver Charges, being Bayshore Easy Drive's standard charge for permitting any Additional Drivers;
- the Underage Fee; and
- the Cancellation/Late Fee,
- the cost of repairing the physical damage made to the vehicle during the rental period other than the damages that were reported at the time of rental at 1620 Bayshore Drive.
- deposit, which depends on the type of vehicle and the length of rental, may be required at certain condition.
- All amounts payable by the Car Renter to Bayshore Easy Drive hereunder shall become due and payable upon return of the Vehicle or, in the event of any breach of the terms of this Rental Agreement by the Car Renter, at such other time as Bayshore Easy Drive shall determine.
- The Car Renter agrees to pay interest at the rate of 2% per month on any overdue amount.
- The Car Renter understands and agrees that the Car Renter may not set-off or deduct any amounts from the charges payable by the Car Renter to Bayshore Easy Drive.
- The Car Renter has been given the opportunity to obtain a waiver of Bayshore Easy Drive's right to claim against the Car Renter for loss or damage to the vehicle caused by a collision between the vehicle and another vehicle while the vehicle is being rented by or is in the care and control of the Car Renter. The said waiver is herein referred to as the LDW or Loss Damage Waiver. If the Car Renter has agreed to obtain and pay for the LDW, Bayshore Easy Drive agrees to limit the Car Renter's liability to Bayshore Easy Drive for loss or damage to the vehicle to the amount stated above without regard to whether the loss or damage was caused, in whole or in part, by the Car Renter or any other party or by the negligence of same. The Car Renter understands and agrees that even though the Car Renter has agreed to pay Bayshore Easy Drive a fee for the LDW, the Car Renter remains responsible for the loss of or damage to the tires, rims, wheels, windows and windshields, interior and undercarriage of the vehicle, and any tools and accessories provided by Bayshore Easy Drive with the vehicle, and for any loss or damage resulting from an accident not involving any other vehicle(s) or from an accident involving collision of the vehicle with a stationary object or theft of the vehicle. The Car Renter hereby acknowledges and understands that the LDW is not insurance. Notwithstanding the Car Renter's agreement to obtain the LDW, the Car Renter understands and agrees that any breach of the Car Renter's obligations under paragraphs 15, 16, or 17 of this Rental Agreement shall result in the termination of the LDW as a result of which the Car Renter shall be fully liable for any and all loss and/or damage to the vehicle.
- The Car Renter understands that notwithstanding the LDW coverage obtained by the Car Renter from Bayshore Easy Drive, the Car Renter remains responsible to pay for all expenses incurred by Bayshore Easy Drive in connection with any claims under such coverage.
- The Car Renter acknowledges and agrees that the vehicle is the property of Bayshore Easy Drive and that the vehicle is delivered in good condition without any damage. The Car Renter acknowledges and agrees that Bayshore Easy Drive does not express or provide a warranty or representation as to the roadworthiness of the vehicle or its fitness for any particular purpose.
- The Car Renter agrees to return the vehicle to Bayshore Easy Drive at the same location where the vehicle was received by the Car Renter by the Return Date or sooner if demanded by Bayshore Easy Drive, acting reasonably. Bayshore Easy Drive must be notified and agree to any extension of the period of rental, in advance of the Return Date. If the Car Renter fails to return the vehicle to Bayshore Easy Drive by the Return Date, the vehicle will be immediately reported to the police as having been stolen.
- The Car Renter agrees to return the vehicle undamaged and in as good condition as the vehicle was in when it was delivered by Bayshore Easy Drive to the Car Renter, fair wear and tear due to reasonable use expected. Where the Car Renter returns the vehicle in an unclean or commercially un-rentable condition, including, without limiting the generality of the foregoing, with dirty or stained upholstery and/or interior, containing pet hair/fur, unusual odors, residues and/or adhesive, the Car Renter shall be liable to pay rent at the then current daily rental rate of the vehicle from the date of return of the vehicle to Bayshore Easy Drive until the date on which the vehicle is again available for rental together with all costs and expenses relating to such additional cleaning or repair.
- The Car Renter agrees that where the vehicle has been lost or damaged while being rented by the Car Renter and is unavailable to be rented out by Bayshore Easy Drive, then in addition to any other damages which Bayshore Easy Drive is entitled to claim, and as liquidated damages and not as a penalty, Bayshore Easy Drive will be entitled to recover from the Car Renter, a per diem rate for each day that the vehicle is unavailable for rent, equal to the then prevailing daily /hourly rental rate for the type of vehicle rented.
- The Car Renter understands that the Car Renter is required to return the vehicle with at least the same amount of fuel as was in the vehicle when the Car Renter received it. If the Car Renter chooses not to refuel the vehicle to the same level as when the vehicle was received, the Car Renter shall pay to Bayshore Easy Drive an amount equal to the actual cost incurred by Bayshore Easy Drive in refueling the vehicle plus a service charge of $10.00.
- The Car Renter authorizes Bayshore Easy Drive to process the Car Renter's credit card for any amounts payable to or recoverable by Bayshore Easy Drive under this Rental Agreement. All amounts payable or recoverable under this Rental Agreement are subject to final audit by Bayshore Easy Drive, including charges for refueling. The Car Renter authorizes Bayshore Easy Drive to debit the Car Renter's credit card account at any time(s) after the return of the vehicle for any and all amounts payable to Bayshore Easy Drive under this agreement.
- The Car Renter acknowledges and agrees that the Car Renter shall be responsible to ensure that the vehicle is at all times locked and the Car Renter shall secure the vehicle when the Car Renter is not occupying same. If the vehicle is lost or stolen and the Car Renter cannot deliver to Bayshore Easy Drive the original keys to the vehicle, the Car Renter shall be conclusively deemed to have left the keys in or about the vehicle and the LDW, if any, shall terminate and the Car Renter shall be fully liable to Bayshore Easy Drive for any and all loss or damage resulting from the loss or theft of the vehicle.
- The use of a Bayshore Easy Drive vehicle under the following conditions is prohibited:
- any speed race or competition;
- for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
- for the primary business purpose of transporting people or operating a taxi service;
- by any person who is not identified as the Car Renter or the Additional Driver in this Rental Agreement;
- by any person who does not hold a current unrestricted motor vehicle driver's licence for the particular class of vehicle rented (learner permits and provisional licences are not acceptable);
- by any person, whose driver's licence has been cancelled, endorsed or suspended within the last three years;
- by any person who is under the age of (21) years;
- by any person who is under the influence of
- alcohol or
- any drug or medication where the operation of a vehicle is prohibited or not recommended when under the effects of such drug or medication;
- in the carrying out of any crime or any other illegal activity;
- in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle;
- by any person who has provided Bayshore Easy Drive with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);
- driving while texting, emailing, using a cell phone without a hands-free device, using a mobile communication device that may distract you from driving or otherwise engaging in similar activities that may be prohibited by applicable law;
- smoking; and
- for transporting pets.
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Bayshore Easy Drive vehicle, as determined by Bayshore Easy Drive in its sole discretion, may be deemed a violation of this paragraph 16. Bayshore Easy Drive may report to the authorities any use of a Bayshore Easy Drive vehicle or other activities that are in violation of local, provincial and/or federal law. In addition, Bayshore Easy Drive may immediately suspend or terminate the use of its vehicle by any Car Renter for a violation of this paragraph 16. Upon suspension or termination, any existing reservations by the Car Renter (as the case may be) may be cancelled by Bayshore Easy Drive at its sole discretion. In addition, the Car Renter will be responsible for any and all costs, charges, fees and expenses incurred by Bayshore Easy Drive as a result of a breach of any of these terms and conditions.
- The Car Renter must always pay the cost of and is liable for and paragraph 7 does not cover:
- damage or loss caused to the vehicle or third party property as a result of the Car Renter breaching this Rental Agreement
- damage or loss arising from theft, where the vehicle is left unlocked or unsecure or the Car Renter has not kept the keys secure;
- damage or loss where the vehicle is totally or partially immersed in water;
- damage or loss to the interior of the vehicle, which requires professional cleaning, deodorising or repair;
- damage or loss to the undercarriage of the vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of cause.
- damage or loss to the vehicle or third party property caused by the Car Renter failing to secure properly any load or equipment;
- damage or loss caused to the vehicle or third party property by loading or unloading to or from the vehicle;
- damage or loss to the vehicle deliberately caused by the Car Renter or by the Car Renter using the vehicle in a dangerous or reckless manner;
- damage or loss to the vehicle whilst being transported, ferried or towed without the authority of Bayshore Easy Drive, or whilst the vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area;
- the cost of towing or salvage of the vehicle in or from a remote or sparsely populated area;
- damage or loss caused to the vehicle through the use of snowchains or roof racks;
- costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of the Car Renter’s failure to deliver immediately every summons, complaint, demand or notice in relation to the vehicle and/or any loss or damage;
- damage to or loss of any personal property owned by the Car Renter (or any relative, associate, passenger or any person known to the Car Renter) or any third party, including personal property left in the vehicle, or any property received, handled or stored by Bayshore Easy Drive at any time, except to the extent that such damage or loss is caused by the negligence or wilful default of Bayshore Easy Drive;
- the death or personal injury of the Car Renter or the death or personal injury of any other person except to the extent that it is caused by the negligence of Bayshore Easy Drive; and
- damage or loss suffered by Bayshore Easy Drive as a direct or indirect result of the Car Renter providing false information, or engaging in any fraudulent activity, in respect of the rental of the vehicle or the Car Renter’s dealings with any law enforcement officer or other authority during the rental period, and Bayshore Easy Drive reserves the right to recover an amount from the Car Renter in respect of such losses.
- This Rental Agreement is governed by the laws of British Columbia and the Car Renter submits to the non-exclusive jurisdiction of the courts of British Columbia.