Terms & Condition

GALAXY CAR & TRUCK RENTAL

Online Vehicle Rental Terms and Conditions of Business

INDEX

Introductory;

Definitions;

(1 – 5); IMPORTANT TERMS TO NOTE REGARDING DEPOSITS, PAYMENTS and CHARGES:-

1. PAYMENTS BY CARD

 

2. DEPOSITS

 

3. DEDUCTIONS FROM DEPOSITS

 

4. WHEN PAYMENT OF RENTAL CHARGES and DEPOSIT is REQUIRED

 

5. INSURANCE and INSURANCE EXCESS

 

(6 – 12): GENERAL CONDITIONS:-

6. THE CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD

7. RENTAL PERIOD and CHARGES

8. AT CONCLUSION of the RENTAL PERIOD

9. VEHICLE FAULTS

10. RESTRICTIONS on USE of the RENTAL VEHICLE

11. MISCELLANEOUS TERMS and CONDITIONS.

12. COMPLAINTS.

GALAXY CAR & TRUCK RENTAL

Online Vehicle Rental Terms and Conditions of Business

Introductory;

i. By accepting your booking, the Company does so on the basis that you have accepted these terms and conditions.

ii. These rental terms and conditions, along with our online booking guide at www.gcars.ca will help you understand what you can expect from us and what we need from you and must be read in conjunction with the information on our website booking pages

iii. Binding Contract; As stated at paragraph 1 above, once you have confirmed your booking online, these Terms and Conditions of business will form a binding contract between the Company and you the Customer and therefore in all cases must be read carefully and understood before you confirm your booking. In the event of any queries in relation to these terms and conditions and the online booking procedure arising, you are requested to raise these with the Company’s Customer Services Department before proceeding.

Definitions;

In these Rental Terms and Conditions;

(a) “The Company” means (GALAXY CAR & TRUCK RENTAL) @ www.gcars.ca (hereinafter referred to as “the Company”, “we”, “us”), its Directors, Officers, shareholders, employees, servants or agents;

(b) “The Customer” (hereinafter referred to as “the Customer”, “you”, “your”, “their”, “it”) means the person, firm or organization by or on behalf of whom vehicles are rented from the Company under these terms and conditions;

(c) Authorized Driver; means the driver(s) additional to the Customer approved and entered overleaf by the Company. The Customer will ensure that any Authorized Driver will comply with these terms and conditions and the Customer will indemnify the Company in respect thereof;

(d) “Vehicle” means the vehicle to be hired (or any replacement vehicle) described in the online booking;

(e) “SDW” means Super Damage Waiver. Please see paragraph 4.9 as to the effect of this waiver on your insurance excess

(f) “PDW” means Premium Damage Waiver. Please see paragraph 4.10 as to the effect of this waiver on your insurance excess.

(g) “Rented equipment” means any accessory, equipment or other item additional to the rental vehicle (for example sat nav device, child seat etc) supplied by the Company pursuant to the this agreement

(g) “Accidental Damage” means any damage to the vehicle or the rented equipment that is caused by accident during the rental period

(i) “Malicious damage” means any damage to the vehicle or the rented equipment that is caused maliciously or by wilful error or neglect or otherwise than by accident during the rental period

CUSTOMERS ARE REQUESTED TO NOTE THE FOLLOWING IMPORTANT TERMS REGARDING PAYMENTS, DEPOSITS AND REFUNDS:-

 

1. PAYMENTS BY CARD

 

1.1 The Customer acknowledges, agrees and hereby authorises the Company to charge any credit, charge or debit card nominated at the time rental is booked, for any and all charges due to the company however and whenever arising pursuant to the terms of this agreement,

 

1.2 The Company will debit the Customer’s nominated debit, credit or chargecard at the times and for the amounts referred to on the booking page and as below

 

 

2. DEPOSITS

 

2.1 Please note that in addition to the rental charges, in all cases, the Company requires a Deposit in the amount shown on the online booking procedure at stages 2 and 3 and the amount of which is automatically calculated in accordance with such factors as the class of vehicle rented, the duration of the rental the insurance arrangements and whether or not SDW or PDW has been selected by the Customer. The full deposit will be charged to the customers debit/credit card four weeks prior to the commencement of the vehicle hire or if the booking is made within four weeks of the commencement of the vehicle hire at the time of the booking.

 

2.2 The Deposit will be refunded at the time specified in paragraph 2.6 below and subject to any applicable deductions as described in paragraph 2.3 below.

 

2.3 The purpose of taking such a Deposit from all Customers, is to indemnify the Company in respect of any of its unforeseen or unauthorized losses and/or liabilities, for example but not limited to;

(i) The insurance excess

(ii) The cost of repairs for uninsured damage to the vehicle or rented equipment during the rental period,

(iii) any fines or penalty charges incurred by the Customer or Authorized Driver during the period of hire for which the Company could be held to be liable (for example driving in a Bus Lane, Parking infringements etc),

(iv) Refueling costs at the end of the period of hire in the event that the Customer fails to return the vehicle with a full tank of the correct fuel,

(v) the Company’s additional unforeseen administrative costs as referred to in this agreement.

In summary, any and all such unforeseen and unauthorized costs and expenses incurred by the Customer’s acts or omissions, or those of the Authorized driver, or on their behalf during and on conclusion of the rental period.

In particular it must be noted that following a road traffic accident, it is possible that the Insurance companies of the parties involved (and the Police if also involved) may take several weeks or even longer to process and conclude claims and the Deposit will not be refunded to the Customer until such time as all such matters have been resolved and the Company is informed by Insurers of the final outcome.

 

2.4 In most cases, there will of course be a full refund of the Deposit as below, but in those cases where there are such costs arising during or at the end of the rental period the Deposit will be refunded, less any Deductions that apply, as described at paragraph 3 below.

 

2.5 In particular and as indicated in paragraph 1.1 above, please note that the Customer hereby acknowledges and authorizes the Company to debit the Deposit from the Customer’s nominated bank account and this will take place on a date at least 28 days before the start of the rental period, or as soon as possible following confirmation of the booking, if the rental period starts in less than 28 days

 

2.6 The Deposit (or the balance thereof in the event of deductions being necessary) will be returned to the Customer’s bank account from which it was taken (see 2.7 below), subject to any deductions calculated in accordance with clause 3 below, within 7 working days of the later of;

(i) The end of the rental period, or

(ii) The completion of any vehicle repairs, or payment of any Road Traffic Act fines incurred by the Customer or Authorized Driver and for which the Company is required to pay the relevant Authority or body

 

2.7 Please note that the Deposit will only be refunded to the same Account (name and number) from which it was taken and not to any third party or alternative Account without prior written agreement of both the Customer and the Company

 

 

3. DEDUCTIONS FROM DEPOSITS

 

3.1 These will be made for the reasons stated above and only in the following situations;

 

3.2 Where the vehicle or the rented equipment is returned in a damaged condition, in the case of Accidental Damage (as defined) the deduction will be to pay for the costs of repair up to the limit of any Insurance Excess applicable to the rental. In the case of Malicious Damage (as defined) the Company reserves the right in its discretion to make a deduction for the full uninsured costs of repair or replacement.

 

3.3 Where the vehicle is returned with less than a full tank of fuel and in which case the Deduction will be for cost of filling the vehicle’s tank with the appropriate fuel at the prevailing cost per liter or part thereof.

 

3.4 Where the Company is notified during the course of the rental period, or within 7 working days of the end thereof of any Road Traffic offence in which the vehicle or the Customer or the Authorized Driver has been involved, including by way of examples, but not limited to; speeding, parking, driving in a bus lane, or any offence under the Road Traffic Act. In these instances, any fines, costs, expenses or other payments that the Company is required to pay, will be deducted from the Deposit or debited to the Customer’s nominated card..

 

3.5 Where administrative and other expenses are incurred by the Company as described below (for example special cleaning, forwarding Customer property, etc), such charges will be deducted from the Deposit or debited to the customers nominated card.

 

4. WHEN PAYMENT OF RENTAL CHARGES and DEPOSIT IS REQUIRED

 

4.1 If less than 28 days prior to commencement of the initial rental period, please note that at the time of booking the rental charges for the initial period, the Insurance charge, the SDW or PDW charges (if selected) and the Deposit will all be debited IN FULL to the Customer’s nominated bank account. Any additional charges in the event that the initial rental period is extended will be debited at the point of agreement with the Company to any such extended period of rental.

 

4.2 In the case of advance bookings of more than 28 days before the initial period of rental, the above payments will be debited at the time of booking except the Deposit which may be taken separately and subsequently as per paragraph 2.5 above

 

 

5. INSURANCE and INSURANCE EXCESS

 

 

5.1 The Customer may with the prior agreement and approval of the Company, provide their own fully comprehensive insurance cover for the duration of the rental period.

 

5.2 In the event that the Customer selects the Company’s Insurance, the Customer hereby acknowledges and accepts the Insurer’s Terms and Conditions of business in conjunction with these terms and conditions and which the Customer has read online and hereby acknowledges and which the Customer will be asked to sign at the commencement of the rental period.

 

5.3 Which ever Insurance option is in place, the Customer will supply any information concerning the driver(s) of the rented vehicle to the Company upon demand and undertakes to allow the Company direct communication access to the driver(s) of the vehicle and will fully co-operate in obtaining such access.

 

5.4 SDW and PDW terms are available and these waivers can be selected at charge at the time of booking by the Customer, with regard to the level of insurance excess, subject to terms of issue. See paragraphs 5.9 and 5.10 below.

 

5.5 The Company and Insurers will always require a current full valid driving license held for at least 12 months prior to rental, and reserves the right to inspect such license.

 

5.6 Driver abuse of the vehicle is excluded from the Company provided insurance cover.

 

5.7 Vehicles for which SDW or PDW are taken out are rented to the Customer on condition that the Customer complies with the respective terms and conditions. Neither the Company nor its insurer will accept any liability for loss or damage

caused whilst a vehicle is rented to a Customer who does not comply with these conditions, and the Customer agrees to make any payment necessary to put the company in the position it would have been in if the breach had not occurred.

 

5.8 The Customer is liable for an insurance excess as follows;

$500.00 for vehicle groups A and B,

$600.00 for vehicle groups C, D and E,

$800.00 for vehicle groups F and G, and

$1000.00 for group I

 

5.9 If SDW is selected the Customer’s liability is reduced to;

$75.00 for vehicle groups A, B, and C,

$150.00 for vehicle groups D, E,F,G and H and

$500.00 for group I.

 

5.10 If PDW is selected the Customer’s liability for Insurance excess is $ zero.

 

5.11 The insurance cover is fully comprehensive and you have no further liability for damage or theft other than the insurance excess. Your insurance excess (as well as the fuel deposit) is authorised to be debited to your nominated account at the time of reservation as referred to at paragraph 2.5 above

 

5.12 For the avoidance of doubt, “damage excess” applies not only to damage to but also theft of the vehicle or the rented equipment.

 

5.13 In the event of any incident involving damage to the vehicle or the rented equipment, whether or not a third party or parties is involved, on each and every such occasion, the Customer will forthwith complete and deliver to the Company its accident/incident report form and will use their best endeavors to supply full details to the Company or Insurers of any third party vehicle involved in any accident with the vehicle.

GENERAL CONDITIONS:-

 

 

6. THE CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD

 

6.1 The Customer acknowledges that notwithstanding the provisions hereof, it has a duty to ensure that all reasonable care is taken of the vehicle against damage or loss throughout the rental period (including any extended period).

 

6.2 The Customer and any Authorised Driver acknowledge and accept the Company’s strict No Smoking Policy within the hired vehicle and that they undertake at all times during the whole rental period, to refrain from smoking and to require any passenger from doing so and to indemnify the Company in respect of any breach and the consequences thereof.

 

6.3 The Customer accepts responsibility for any loss or Malicious Damage (as defined) to the vehicle or the rented equipment or caused by their wilful act or negligence. This includes, but is not restricted to, responsibility for any loss or damage to the vehicle or its toolkit/ accessories or the rented equipment as a result of theft occurring when the Customer or its servant or agent or the Authorised Driver has left the keys in or with the vehicle and the Customer hereby indemnifies the Company against all loss or damage so arising.

 

6.4 The Customer undertakes to ensure that the vehicle is not subject to overloading in respect of the number of persons or weight of goods carried within the vehicle during the rental period.

 

6.5 The rented vehicle shall not be taken out of mainland Canada without the Company’s prior consent.

 

6.6 If (with the Company’s prior consent), the vehicle is used outside the mainland Canada, the Customer undertakes to ensure that the vehicle is checked for illegal immigrants before returning to the Canada.

 

6.7 The Customer undertakes to return the vehicle with all tyres, tools, audio equipment and other accessories or rented equipment in the same condition as when received at the commencement of the rental period (normal wear and tear excepted) to the place and on the date set down overleaf.

 

6.9 If special cleaning is required due to soiling or for any other reason, (for example all vehicles in which smoking has taken place contrary to the Company’s No Smoking Policy will have to be so cleaned), the Company will make a separate charge (typically, approximately $50.00) to cover the actual cost of any such special cleaning required which will be deducted from the Deposit pursuant to paragraph 3

 

 

7. RENTAL PERIOD and CHARGES

 

7.1 The Company agrees to rent and the Customer agrees to take the vehicle on the terms and conditions set out herein and on the Company’s online booking forms and for the duration agreed as at the time of rental

 

7.2 Vehicles are rented initially for the initial rental period at a daily rate according to the Company’s published rental charges together with VAT at the relevant rate, one day being defined as any period of 24 hours from the time of commencement of the rental agreement and so forth.

 

7.3 In the event that the Customer requires a vehicle for longer than the initial rental period, the Customer must notify the company at least 12 hours prior to the end of the initial period with a view to seeking the Company’s agreement to extend the rental period.

 

7.4 In the event that the Customer fails to notify the Company of such a requirement to extend, their authority to retain such vehicle may terminate at the Company’s discretion, and in which event the Customer will be liable for any loss or damage incurred by the Company as a result.

 

7.5 The Company reserves the right, in the event of such notification, to use such means as it may choose to recover said vehicle. Unauthorised rental extensions will be at the Company’s standard rate for daily hire, plus any losses or expenses sustained by the Company due to such unauthorised extension of the initial rental period.

 

7.6 If the Customer seeks to extend the initial rental period beyond 28 days, the Customer must notify the company of the mileage of the vehicle.

 

7.7 The Company reserves the right to substitute a suitable replacement vehicle.

 

7.8 In the event that during the initial and/or extended rental period a vehicle reaches the mileage at which a routine service is due, the Customer undertakes to notify the Company and make the vehicle available to the Company for such servicing to be carried out, or for the vehicle to be replaced with a suitable alternative vehicle, at the Company’s discretion.

 

 

8. AT CONCLUSION OF THE RENTAL PERIOD

 

8.1. As stated above the rental vehicle must be returned to the Company on the agreed date and time. All vehicles leave the Company’s branch at the start of the rental period with a full tank of fuel and the Customer is liable for the cost of fuel from the time the vehicle leaves the Company’s branch until such time as it is returned to a Company branch. All vehicles must be refuelled upon return to a Company branch and the Customer accepts responsibility for the cost of such refuelling at the prevailing rate per litre or part thereof.

 

8.2 In particular please note that the cost to the Company of having to fill the fuel tank at the conclusion of the rental period (the Customer having failed to do so), will be the Customer’s liability and such amount will be deducted from the deposit pursuant to paragraph 3 above.

 

8.3 The Customer is liable for all fines or penalties for offences committed under traffic regulations including, but not limited to, parking tickets, clamping fines, congestion charges, compound charges, bus lane fines and speeding fines incurred during the entire period of hire. If these remain unpaid they will be forwarded to the Customer at charge, together with the Company’s administration charge of $25 per item.

 

8.4 In particular please note that Insurance excess and Fuel deposits will not be refunded until any vehicle damage, fines and charges for which the Customer is liable have been assessed and deducted.

 

8.5 At the termination of the rental it is the Customer’s responsibility to ensure that the vehicle is parked in a suitable place to allow collection at any time up to six working hours from termination of the rental period without the imposition of any

parking or clamping fines or towing or compound charges. If this provision is not complied with then the Customer will be responsible for all such penalties/charges. If these remain unpaid they shall be charged to the Customer, together with an administration charge of $50.00. These penalties and the administration charge will be deducted from the deposit as per paragraph 2 and or debited to the Customer’s nominated bank account.

 

8.6 The Customer is responsible for the payment of any civil penalty and restoration charges and loss of income whilst the Company cannot rent out the vehicle, if the vehicle is seized by Customs and Excise or the Immigration Authorities.

 

 

9. VEHICLE FAULTS

 

9.1 In the unfortunate event of any vehicle fault arising, the Customer will immediately inform the Company of any such fault with the vehicle and in particular will not use the vehicle whilst/if it is in an unroadworthy condition.

 

9.2 The Company will provide roadside assistance, in case of breakdown in mainland Canada. Accident calls are excluded from this cover.

 

9.3 In the event that the vehicle remains immobile after call out, the Company will, at is discretion, either replace the vehicle or make alternative arrangements for the driver / passengers.

 

9.4 If the vehicle is used outside the mainland Canada and becomes inoperable the Company cannot guarantee that this service will be available.

 

 

10. RESTRICTIONS ON USE OF THE RENTAL VEHICLE

 

10.1 The vehicle will not be used:-

(i) For the carriage of passengers or property for hire or reward. (ii) For racing, pace making, reliability trails, speed testing, driving instruction.

(iii) To propel or tow any other vehicle or trailer. (iv) In violation of the provision of any legislation, order or regulation affecting the use, loading or condition of the vehicle or for any illegal purpose. (v) Outside mainland Canada without the express agreement of the Company.

 

10.2 The vehicle will not be driven by any person:-

(i) other than the Customer or the Authorised Driver. (ii) who is under the age of 21 or over the age of 69 unless previously arranged with the Company. This may be modified by restrictions imposed by the Company relating to its vehicles from time to time. (iii) who has not held a full valid driving licence for a minimum of 12 months. (iv) who is under the influence of alcohol, hallucinatory drugs, narcotics, or barbiturates. (v) whose driving licence is subject to restrictions due to disability or infirmity.

 

 

11. MISCELLANEOUS TERMS AND CONDITIONS.

 

11.1 The Customer acknowledges that any property placed within the vehicle is at their own risk and that the Company has no responsibility for such property. Property forwarded on to a Customer following the conclusion of the rental period will be charged at cost plus the Company’s administration fee of $25.00 and deducted from the Deposit or debited to the Customer’s nominated account accordingly.

 

11.2 The Customer will at the Company’s request do all required by the Company on its behalf and on behalf of the Company’s insurer’s and permit the Customer’s name to be used by the Company for enforcing any rights or remedies against any person in connection with the vehicle.

 

11.3 The Customer or any Authorised Driver of the vehicle will in no way be deemed to be the agent, servant, employee or in any way associated with the Company.

 

11.4 The Company will not either on its own behalf or on behalf of the insurer, waive any of its rights hereunder except in writing signed duly by a authorised representative of the Company or the insurer respectively.

 

11.5 The Company reserves the right not to reimburse any repairs in excess of $1 not authorised in advance by the Company.

 

11.6 If the Customer is a company or other organisation for which a credit account has been opened these terms and conditions must be read in conjunction with the corporate terms and conditions of trading given to the Customer at the time of opening the account as varied from time to time. In the event of any inconsistencies the corporate terms and conditions shall prevail.

 

11.7 The Company reserves the right to terminate the rental to which this agreement refers if it becomes aware of any breach by the Customer or the Authorised Driver of these terms and conditions. Upon breach of these terms and conditions the Company may give your personal details to credit reference agencies, the driver and vehicle licensing authority, customs and excise, the police, debt collectors, and any other relevant organisation. The company may also give your personal details to the British vehicle rental and leasing association, who may pass your details on to any of its members for any purpose stated in the Data protection act 1998.

 

11.8 Government taxes and other levies will be charged as required by current legislation.

 

11.9 Amendments to reservations are subject to a $15.00 administration fee.

 

11.10 If cancellation protection is opted for, we will protect you from any cancellation charges payable subject to a $15.00 admin fee, if you are unable to honour your booking prior to 12 hours before start of rental. If this option is not selected the Customer will be liable for a 100% cancellation fee of rental. No refund is given for rentals ended early by the Customer.

 

11.11 Airport Locations; It is essential that the Company is given the correct flight and arrival time before arrival. If this is not available at time of booking this can be forwarded to info@gcars.ca quoting your booking reference and updated online using your login. No responsibility can be accepted or compensation allowed for a failed rental due to the late provision of the above information.

 

11.12 Child and booster seats are mandatory in most countries and must be requested at the time of booking. Although child seats and booster seats are fitted in the vehicle it is recommended that you fully check the fitting as no liability will be accepted.

 

11.13 By accepting our terms and conditions the Customer confirms that they have not had a proposal for insurance declined, a policy cancelled or renewal refused or been required to pay an increased premium or had special conditions imposed by any motor insurer. The Customer has not been convicted of any motoring offence during the past five years, or had your licence suspended during the past ten years, nor has any prosecution pending. If you have answered yes you will need to check what convictions are allowed before proceeding with your reservation online. You will also need to check with us if you have had any accidents and/or claims in the past 36 calendar months. If you have had any physical or mental defects or infirmity or suffered from diabetes, fits or any heart complaint you will also need to call our international reservations team on +1-855-499-7368 (RENT)to get a clearance code

 

11.14 This Agreement shall be governed by and construed in accordance with the laws of Ontario. The English Courts shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with it.

 

11.15 The Company reserves the right to amend or vary these terms and conditions from time to time and in its absolute discretion.

 

 

12. COMPLAINTS.

 

12.1 The Company very much hopes that you will have an enjoyable and trouble free experience in renting a vehicle from us. In the event that you are not entirely satisfied the following is the Company’s complaints handling procedure;

 

12.2 Step 1: (Preliminary) At the end of a period of hire, we have found that misunderstandings can arise as a result of Customers not having taken the time to consider the terms of this Agreement before contacting the Company. Therefore, the Company would ask that that in the event that your complaint is in relation to perceived problems arising at the conclusion of the rental period in regard to such matters as to the refund of your Deposit, refuelling, damage to the vehicle, or debits to your nominated account, we would invite you to take the first step of reconsidering the terms of this Agreement

relating to such matters, for example at paragraph 2.3 (Purpose of Deposit), para 2.4- 2.6 (Refund of Deposit), para 3 (Deductions from Deposits), para 8 (At Conclusion of the Rental Period) para 6.9 (Special Cleaning) para 8.5 and para 11 (Admin/cancellation fees), which we hope will clarify resolve the matter for you.

 

12.3 Step 2: (Informal stage) If, having carried out Step 1 above, in the unfortunate event that you still feel that our service or the vehicle that we have provided you with is unsatisfactory then we would invite you to please either call our customer services department on +1-855-499-7368 (RENT) or email customer services with brief details and in order to raise the matter informally with the Company. The Company will take steps to look into the matter and respond as soon as possible.

 

11.4 Step 3: (Formal stage) If you do not receive a satisfactory response or outcome within 2 working days, then please write formally to the Company  setting out your complaint in full detail.

 

12.5 The Company will use its best endeavours to investigate your formal complaint and to give you a formal written response within 5 working days.

 

12.6 In the event that you still remain unsatisfied with the Company’s response, then you have the right to raise the matter further.

 

Thanks & Regards

Galaxy Car & Truck Rental company.