Agreement between:
Vai Drive Co Ltd (C76340) (Hereinafter the “Company”)
The person taking out the hire and signing overleaf (Hereinafter the “Hirer’)
Jointly referred to as the “Parties”

The Parties Agree that the Hirer is to rent the motor vehicle described overleaf (hereinafter referred to as the “Vehicle”) from the Company (hereinafter referred to as the “Hire”) under the following terms and conditions which the parties declare they have read over, approved and accepted:
1. Hirer will return the Vehicle, together with all tires, tools, accessories and equipment, in the same condition as when received, normal wear and tear excepted, to the place and on the date specified overleaf, or sooner is demanded by the Company, and will use the Vehicle in a reasonable manner. If the Vehicle is returned later than 30 minutes after the time agreed, a full day charge shall be applied based on the rate applied for the Hire.

2. The Vehicle cannot not be used:
  (a) For the carriage of passengers against payment.
  (b) For the carriage of goods.
  (c) For hire or reward.
  (d) For racing, pace making, reliability trials, speed testing, off-roading or driving tuition.
  (e) To carry greater number of passengers/or more baggage recommended by the manufacturer.
  (f) By any person who has given a fictitious or false name.
  (g) By any person other than the Hirer who signed the Hire agreement or who has been nominated as a driver by Hirer and approved by the Company.
  (h) By any person who has within the preceding period of three years been convicted of any motor offences, except parking offences, or involved in any accident unless details have been disclosed to the Company.
  (i) By any person not holding a valid current driving license recognised in Malta.
  (j) By any person under 21 years of age.
  (k) By any person over 75 years of age.
  (l) Away from Maltese territory and only used on Maltese Roads.
  (m) Knowingly for any unlawful purpose.
  (n) To propel or tow any other vehicle.

The Vehicle may not be sublet to any other person/entity.
The Vehicle can be delivered to a location of the Hirer’s choice at a charge of €25.

3. Hirer expressly acknowledges personal liability to pay the Company on demand for:
  (a) Loss of hire, collision damage waiver and miscellaneous charges where applicable.
  (b) All fines and court costs for parking, traffic or other offences incurred in relation to said Vehicle by Hirer from the commencement of this agreement until the Vehicle is returned, except where caused through fault of the Company.
  (c) The Company’s costs, including reasonable legal fees and expenses incurred collecting payments due from Hirer hereunder.
  (d)The Company’s costs to repair collision or other damages to the Vehicle provided that if the Vehicle is operated in accordance with all the terms of this agreement the Hirer’s liability for such damage.

4. The Hirer shall pay a security deposit of €350 for drivers over 25 years and €550 for drivers under 25 but over 21. The Hirer authorises the Company to retain such deposit or part thereof to make good for any situation as per Article 3 or for any repairs, valeting the Vehicle following soiling, damage/theft or Loss of GPS and other rented equipment rented with the Vehicle. The Security deposit shall also be forfeited where the Vehicle is not returned as per agreement overleaf and needs to be tracked and recovered by the Company. The Security Deposit shall be released after 48 hours from the expiration of the Hire if none of the situations allowing the Company to keep such deposit arise. The forfeiture of the deposit is without prejudice to the Company recovering any other further sums due to it for damages caused by the Hirer.

5. The Hirer shall provide a valid driving licence at the time of commencement of the Hire and any additional driver must also provide a valid licence. Additional drivers shall be at a charge.

6. The Hirer shall provide flight details when you are arriving by plane at least 3 days before the Hire starts. The Company shall be in no way held responsible for vehicles being unavailable due to flight delays. Details shall include flight number.

7. The Hirer shall pay the cost of the hire as per agreement overleaf which cost is subject to 18% VAT. Hires lasting for less than three days shall carry a daily charge of €5.

8. The Company can provide a car seat in the Vehicle for a charge of €5 per day.

9. If the Hirer locks the keys inside the car, a fee of €25 + VAT will apply to reopen the car. In the case of a flat battery through negligence a fee of €25 + VAT will apply to restart the car. The Hirer hereby authorises the Company to withdraw the sum from the deposit.

10. Hirer must inform the Company immediately, including public holidays, of any loss of, or damages occurring to a Vehicle and of any fault reasonably requiring repair, developing therein and must not in the case of damage or fault which makes the Vehicle not road worthy or liable to cause danger to any person or property use the Vehicle until such damage or fault has been repaired or corrected. Hirer must also inform the Company of any parking tickets or fines otherwise Hirer will be responsible for an additional €5 administration fee charge on top of each fine. Such fines or parking tickets are to be reported to the Company by the Hirer within 24hrs. The Hirer hereby authorises the Company to withdraw the sum from the deposit provided, if these are not settled immediately on return of the Vehicle or prior.

11. The Company shall not be liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon the Vehicle either before or after the return thereof to the Company. Hirer hereby agrees to hold the Company harmless from, and indemnify the Company against all claims based upon or arising out of such loss or damage. The use of the Vehicle by the Hirer shall be expressly at the Hirer’s risk. The Hirer shall be responsible for any damages the cause of which is a break-inn due to personal belongings left in the Vehicle.

12. The Company participates as an insured under a motor Vehicle insurance policy. The Hirer declares that a copy of such insurance policy has been made available to him/her and that its contents have been explained and accepted by the said Hirer. Said policy contains cover against public liability for bodily injury and against liability for property damage. Hirer agrees further to protect the interest of Company and its insurance company in case of accident during the term of this Hire by:
  • Making every endeavour to obtain names and addresses of parties involved and witnesses.
  • Not admitting liability or guilt.
  • Not abandoning the Vehicle without adequate provisions for safety guarding and securing same
  • Informing the Company by calling the Company’s office immediately on 21688688 during office hours (09:00 to17:00) or on 21383838 when office is closed even in case of slight damage: further giving a detailed report including diagram to the Company. If both services are not available photos of the accident may be sent by WhatsApp on +356 79800670
  • Notifying the police immediately if another party’s guilt has to be ascertained or if people are injured.

13. The Hirer shall be liable to pay an insurance excess of €350 in the case of an accident where the driver is over 25 years of age and €550 where the driver is under 25 but over 21 years of age. In case of an accident an administrative charge of €50 shall apply.

14. Any extension of the Hire must be immediately notified to the Company by the Hirer and failure to do so will result in the Hirer making use of the Vehicle without the authorisation of the Company.

15. Where the driver is over 21 but under 25 years of age an additional charge of €20 per day shall apply. Such charge may be waived by the Company.

16. Should it result that the Hirer was making use of the Vehicle under the influence of alcohol, narcotics or in the case of gross negligence, the parties agree that in such occasions the Hirer would have made use of the Vehicle without the authorisation of the Company.

17. The use of the Vehicle by the Hirer shall be expressly at the Hirer’s risk. It has been delivery in good working order and the Company has maintained the Vehicle to at least the manufacturer’s recommended standards but shall not be liable for any consequences arising from any defects or mechanical failure of the Vehicle although all reasonable precautions have been taken to prevent such happenings. Road side assistance shall be available by calling 22480200 where you are to inform the roadside assistance company of your precise position, problem and Vehicle registration number.

18. The motor policy excludes driving within the airside restricted areas of the Malta International Airport and Safi Aviation Park unless prior authorization is sought beforehand by the Company and the motor policy extended accordingly by the virtue of an endorsement.

19. A fee:
  a. Euro 50 if the vehicle is returned in a bad state substantially contrasting to the state it was in when made available by the Company.
  b. A refuelling fee of Euro 5 on top of the cost of the fuel will be due if the vehicle is not returned to full as when rented out
The Hirer hereby authorises the Company to withdraw the sum from the deposit.

20. The Hire is not refundable.

21. The terms and conditions set forth in this agreement shall supersede any arrangements, statements, representations or negotiations made between the Parties prior to the execution of this agreement which shall constitute the entire understanding between the Parties hereto.

22. Except as otherwise provided herein, no addition, amendment or modification to these terms and conditions shall be effective unless it is in writing and signed by the Parties hereto.

23. If any clause of this agreement is held by any Court, tribunal or other competent authority to be void or unenforceable in part, this agreement shall continue to be valid as to the other clauses thereof and such nullity or unenforceability shall not, in the most ample of manners, affect the applicability and enforceability of the remainder of the agreement.

24. The Company shall process the personal data found herein and obtained through the delivery of its service according The General Data Protection Regulation (GDPR) 2018 and in case of default by the Hirer, reserved the right to pass on the information to recognised Credit Rating Institutions to be included in their defaulting debtor’s database. The Company’s Privacy Policy can be found at www.vai.eu. By accepting these terms and conditions you are accepting our privacy policy.

25. The Hirer acknowledges that Company may also access the Vehicle’s geolocation from the tracking devices installed in all Vehicles at its discretion. Such information shall only be used in accordance with our privacy policy available at www.vai.eu

26. All disputes arising from this Hire shall be determined in accordance with the laws applicable in Malta.

THESE TERMS AND CONDITIONS ARE PART OF THOSE OVERLEAF