This Vehicle Lease Agreement (hereinafter, the “Agreement”) is entered into by and between SUNSET CLUB CARTS, S.R.L., corporate ID number 3-102-932829 (the “Lessor”); and the individual identified in Annex A to this Agreement (the “Lessee” and together with the Lessor, the “Parties”); which shall be governed by the laws of the Republic of Costa Rica and by the following clauses.
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. Purpose and Price
The Lessor leases to the Lessee the vehicle indicated in Annex A (the “Vehicle”) together with the accessories identified therein, for the price indicated in Annex A. The Vehicle may only be driven by the driver(s) indicated in Annex A (the “Authorized Drivers”). The Lessee shall use the Vehicle exclusively for personal transportation, not for profit, and within the Vehicle’s normal capacity. The Lessee may not sublease, assign, or otherwise dispose of the Vehicle in any way
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Term
The lease term is the one indicated in Annex A of this Agreement. For purposes of this Agreement, the Lessee must return the Vehicle no later than the delivery time indicated in Annex A (the “Delivery Time”) on the delivery date indicated in Annex A (the “Delivery Date”), corresponding to the expiration of the term. Any return that is delayed by between 1 and 2 hours beyond the Delivery Time will result in a fine payable by the Lessee equal to the daily rental cost per car. Any return delayed by more than 2 hours beyond such time shall be considered an additional day for which the Lessee has retained the Vehicle. Any excess time during which the Lessee retains the Vehicle beyond the agreed term shall be considered mere tolerance by the Lessor, who may recover it at any time and in the manner the Lessor deems most convenient to its interests, without the Lessee being able to raise any objection. Such excess time shall be paid by the Lessee in accordance with the Lessor’s current rates for rental of the Vehicle. The Vehicle must be returned to the Lessor’s authorized representative at the same address where it was delivered to the Lessee, and the keys must be physically handed to the representative, who must inspect the asset with the Lessee for delivery to be completed. If the Vehicle is not delivered on the Delivery Date at the Delivery Time to authorized personnel through the established inspection, the Vehicle may be deemed not returned and may even be reported by the Lessor as stolen or misappropriated.
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Condition of the Asset
The Lessee declares that the Vehicle has been delivered in perfect operating condition and perfect cosmetic condition, except for those scratches or cosmetic imperfections noted in Annex A. If the Vehicle is electric, it must be returned with at least 100% charge.
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Care
The Lessee shall care for the Vehicle as a prudent person, and must immediately notify the Lessor of any circumstance that threatens to damage or impair it at the number indicated in Annex A. The Lessee has the duty to maintain and return the Vehicle in the same good condition of conservation and operation as it is currently. In the event the Vehicle or its accessories suffer any defect during the course of the lease, the Lessee must pay the amount necessary for its repair or replacement.
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Vehicle Use
It is strictly prohibited for the Lessee and/or the Authorized Drivers to drive the Vehicle in the following conditions:
- (a) under the influence of alcohol, in a state of intoxication, when under the influence of sedatives, tranquilizers, narcotics or other drugs or controlled substances
- (b) without a license suitable for the Vehicle, valid, issued by the competent authorities and accepted by the Costa Rican authorities
- (c) in violation of the applicable traffic laws and regulations of the Republic of Costa Rica.
The Lessee may not use the Vehicle for:
- (a) uses other than those stipulated in this Agreement, nor for transporting passengers or any other kind of public service, nor for transporting persons in excess of the Vehicle’s official passenger capacity
- (b) transporting heavy or dangerous loads or packages, transporting surfboards or equipment of large size or weight that exceeds the Vehicle’s capacities
- (c) hazardous or unlawful activities; (d) any towing operations of any kind; (e) off-road driving on unpaved roads, sandy areas (including the beach), areas with bodies of water or mud (including the sea, rivers, mangroves, mud and similar), or on roads, routes, or paths that have not been declared suitable for public transit by the competent authorities; or (f) participating with it in automobile races, speed tests, regularity tests, etc., or in competitions of any other kind.
The Vehicle may only be used within the Republic of Costa Rica. The Vehicle is equipped with a GPS tracker and may only be used within the perimeter established in Annex A. In the event of noncompliance with this provision, the Lessor will charge a fine of $20 per kilometer traveled outside such perimeter.
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Damages and Losses
The Lessee shall be liable for all damages and losses that result from or are a consequence of the use of the Vehicle, as well as for any misappropriation of the Vehicle
by third parties (including theft or robbery) or damages that third parties cause to it while it is in the Lessee’s care. The Lessee must pay traffic tickets and/or violations of the Traffic Law issued to the vehicle’s driver (or against the vehicle itself). The Lessee is entirely responsible for the material and/or legal custody of the Vehicle while it remains in the Lessee’s possession, and must indemnify the Lessor or its insurance company:
- (a) for any property damage caused to or by the Vehicle, or even its replacement if it is stolen and/or damaged to a “total loss” level
- (b) for damages caused to third parties
- (c) for damages caused to persons and/or goods transported in the Vehicle
- (d) for violations that the Lessee commits or is alleged to have committed against traffic regulations
- (e) for the Lessor’s lost profits resulting from the physical and/or legal impossibility of renting the Vehicle, and
- (f) for any other damage caused to third parties.
In case of an accident, please notify us via WhatsApp at +506 8400-1700. Available from 8:00am to 5:00pm daily. All emergency reports must be submitted through WhatsApp. No other communication channel is available for this purpose.
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Security Deposit and Insurance
At this time the Lessee provides a security deposit in the amount of $500 USD (via “check-in” voucher) (the “Deposit”) to cover any amount owed by the Lessee to the Lessor, including but not limited to:
- (a) advance payment of any insurance premium that must be paid by the Lessor, in case the Vehicle is insured (which will be at the Lessor’s discretion)
- (b) damages caused to the Vehicle and associated losses
- (c) compensation for the time during which the Vehicle has been retained beyond the agreed term, at the Lessor’s current rates
- (d) repairs, and
- (e) any other amount that must be paid in favor of the Lessor.
If damage occurs to the Vehicle, the Lessee must pay the Lessor the greater of the following two amounts:
- (a) the actual amount of the damage, and
- (b) the amount of the Deposit.
In case of accident, theft, or any type of casualty, the Lessee must pay any associated damages and losses. In the event of any casualty (including accidents, theft, vandalism, or any other), the Lessee must immediately notify the Lessor and, when applicable, the authorities. In particular, in the event of a casualty, the Lessee must allow and coordinate that the traffic authorities and the Lessor’s insurance company (in case the Lessor has insured the Vehicle, which will not be its obligation) conduct the respective inspections within the time frames they set, which must be coordinated with the Lessor at the time the Lessee notifies the Lessor of the casualty. The Lessor is authorized to debit any amount owed from the Deposit.
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Notices
For the purposes of all judicial and/or extrajudicial notices arising from this Agreement, the Parties designate the following addresses: (a) the Lessor: for immediate notice, the WhatsApp indicated in Annex A, and the email address sunsetclubcartsmail.com (emergencies cannot be reported by email, only via WhatsApp); and (b) the Lessee: at the email address and telephone number indicated in Annex A.
In case of an accident, please notify us via WhatsApp at +506 8400-1700. Available from 8:00am to 5:00pm daily. All emergency reports must be submitted through WhatsApp. No other communication channel is available for this purpose.
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Miscellaneous Provisions
The headings appearing in this Agreement are included solely for illustrative and convenience purposes and in no way define, limit, interpret, explain, or describe the scope and purpose of each paragraph of this Agreement. This Agreement contains the entire agreement between the Parties and renders null and void any prior written or verbal statement. Any assignment, transfer, or sublease of this Agreement is strictly prohibited. This Agreement is personal and non-transferable.
Any dispute related to this Agreement must be brought before the Courts of the Republic of Costa Rica, in the First Judicial Circuit of San José. That is all.
