TERMS AND CONDITIONS
1.1. The lessee agrees to the terms and conditions of the rental by signing the rental agreement, of which he will receive a digital copy or a printed copy upon request. The lessee is named in the rental agreement.
1.2. The lessee is required to sign a copy of the rental agreement with a digital signature through a qualified signature equipment certified, cf. Act No. 28/2001 on electronic signatures or by hand on the rental agreement.
1.3. By signing the rental agreement and vehicle condition report the lessee agrees that the vehicle and extra equipment he has received are in good condition.
1.4. By signing the rental agreement, the lessee consents to his credit card to be debited by lessor for the rental charges and any other costs payable by the lessee to lessor according to the terms of the rental. The lessor is entitled to charge lessee ´s card for any compensation relating to the rental such as damages to the vehicle whilst the vehicle was in the lessee’s contractual custody. The time of payment and whether it is to be paid in full or instalments is solely at the lessor’s discretion. The lessor reserves this right up to 12 months after the end of the rental agreement.
1.5. The credit card provided at the beginning of the rental cannot be changed during the rental.
1.6. Payment for damage to the vehicle may be paid with a different payment option if lessor agrees.
1.7. The printed rental agreement must be kept in the vehicle or a digital copy .
2. Beginning the Rental
2.1. Lessee agrees that the lessor can take a pre-authorization on an approved credit card that is in the lessee’s name. Debit cards are only approved if lessee buys Platinum insurance package and is willing to accept the risk that part of the authorization will not be refunded. This is due to the well-known and common communication problem between the issuer of debit cards and the payment handler. The lessor is not responsible if the pre-authorization on debit cards are lost. The pre-authorization amount is used for the estimated cost of any extras, fuel, potential additional days, toll and road fees, parking fines, administration fees and all other miscellaneous charges.
2.2. Driver must be at least 18 years old. All drivers must have held their license for at least one year before the start of the rental. The driver must hold a valid licence throughout the period stated in the rental agreement. In other respects, Icelandic law shall apply to the driver.
2.3. Drivers who are under 20 years old are subject to an additional young driver fee.
2.4. For Mini bus and large SUV’S : Drivers must be 23 years old.
2.5. All drivers are required to present an appropriate driver’s license, valid for the car group rented, at the beginning of the rental and a valid passport. Both ID´s will be scanned and may be kept upto two years. Copies are not accepted.
2.6. Drivers must bring an international driver’s license or an official translation if:
2.6.1. The driver’s license was issued in a non-roman alphabet like Arabic, Chinese, Greek, Russian, Hebrew or Japanese or other similar non - roman alphabet-based languages.
2.6.2. The driver’s license was issued outside of Europe or North America.
2.6.3. Additional drivers must be registered on the rental agreement and meet the same driver’s license criteria that the main driver does.
2.7. At the start of the rental the lessee will receive the vehicle with a full tank of fuel. The lessee is responsible to refill the tank with the correct fuel during the rental period. The correct fuel-type is specified in the rental agreement.
2.8. If the lessee will not be driving the vehicle, a driver must be listed on the rental agreement and the lessee will be listed as an extra driver. The lessee and all drivers must be present to sign the rental agreement at the beginning of the rental.
3. During the Rental
3.1. It is the lessee’s responsibility to ensure the vehicle is treated and driven carefully and responsibly. Only the lessee and any registered additional driver, that meet the terms in article 2, are authorised to drive the vehicle. The lessee is liable for all damages to a third party or their property which is not covered by a mandatory third-party liability insurance according to Icelandic law.
3.2. In case of a collision or an accident, lessee must immediately notify the appropriate police authorities as well as the lessor. The driver must not leave the scene of the accident until he has first notified the lessor and / or authorities and he must fill out a damage report form describing the incident. If another party is involved, they should contribute and sign on the damage report form. If the lessee fails to report damage incurred during his rental, he is liable for any cost resulting from the accident. If lessee requires a replacement vehicle, the lessor will make every effort to provide one once damage on the previous vehicle is fully processed. This, however, is no guarantee for the replacement vehicle and the lessor reserves the right to refuse a replacement vehicle or a vehicle in the same category as the damaged one, including but not limited to incidents when the collision or accident is caused by the reckless driving of the lessee or additional driver, the lessee refuses to pay for damage or refuses to sign necessary reports.
3.3. In cases where the vehicle needs to be towed due to an accident or collision, the lessee is fully responsible for the cost to do so. The price of which is decided at the lessor’s discretion however local towing companies charge according to their own pricelist.
3.4. Lessee is responsible for returning the vehicle to the lessor’s rental locations, specified in the rental agreement. If the vehicle is not returned to the rental locations the lessee is liable for all costs sustained by lessor due to bringing the vehicle back to its premises without regard to the condition of the vehicle, roads or weather.
3.5. Lessee is responsible to provide an email address to be able to receive any kind of alerts like weather warnings from lessor and for planning his journey carefully so that he is aware of road conditions, weather forecast and any road closures or general warnings.
3.6. Lessee is prohibited from:
3.6.1. Driving on Highland roads marked F on official maps, as well as Kjalvegur (road 35) and Kaldidalur (road 550) unless in a 4WD (four-wheel drive) jeep, SUV or bus, except for Mercedes Benz Vito, which the rentalcompany allows for driving on such roads. By violating this article the lessor may void the contract and confiscate the vehicle. In addition, the lessor may impose a fine for possible damages decided at the lessor’s discretion, if the lessee is charged for this fine it does not affect the leesee‘s obligation to pay for any further damages or expenses.
3.6.2. Driving in/or across rivers and/or streams. This prohibition does not apply to vehicles which the lessor agrees are suitable for such driving, however the lessee must take full responsibility for all consequences of such driving. Such driving is on the responsibility of the lessee and the lessee needs to make himself familiar with the insurance terms and conditions in that respect.
3.6.3. Driving on tracks or trails which do not have road numbers, beaches and other ‘off-road’ terrain.
3.6.4. Driving in snowdrifts and on ice.
3.6.5. Using the vehicle in any way that contravenes Icelandic law or the conditions laid out in the rental agreement and its terms and conditions.
3.7. The lessee is responsible for the cost of refuelling and all costs associated with driving for the duration of the rental period. Lessee ‘s rental period starts when he picks-up the vehicle and ends when the lessor acknowledges that the vehicle and keys have been returned and the vehicle has been examined. For the lessor to inspect the vehicle upon return lessee must return the vehicle during office hours to an employee at the agreed rental location. If lessee chooses to drop-off the vehicle ‘out of hours’ or if he leaves before the lessor checks the vehicle, the lessee does so at his own risk and remains responsible for the condition of the vehicle until a staffmember of the lessor has examined it.
3.8. The total amount of kilometers (km) that the vehicle has driven during the rental period is determined by reading the odometer supplied inside the vehicle by the manufacturer. Any attempt to change the odometer reading or to disable it is considered gross negligence and in violation of this agreement
3.9. Smoking is prohibited in the vehicle. Lessor reserves the right to fine the lessee according to the lessor ‘s tariff if it is discovered that this rule has been violated. Lessee is also subject to be charged for cleaning fees should the vehicle be returned in an unacceptable state or should there be dirt or a bad odor of the interior of the vehicle. All prices are set at the discretion of the lessor.
3.10. Lessee is financially responsible for all parking, speeding and traffic fines as well as any road tolls during the rental period. Lessor reserves the right to charge the lessee for these fines as well as taking an administration fee for handling the payment and providing information to the appropriate authorities. All prices are set at lessor ‘s discretion.
3.11. Lessee is neither authorized to carry out any repairs or modification to the vehicle or any additional equipment leased by lessor nor is the lessee allowed to let anyone else work on the vehicle without the lessor ‘s prior permission.
3.12. Lessee is prohibited from using the vehicle to transport passengers for payment, lending the vehicle to a third party not registered on the rental agreement or subletting the vehicle. (Except vehicle with group travel permit)
3.13. Lessee is not permitted to travel with the vehicle outside of the country in any circumstances.
4. Returning the vehicle
4.1. Lessee must return the vehicle, any secondary parts as well as optional extras (such as tires, tools, GPS and WIFI devices, as well as cables and fasteners and child seats) in the same condition he received them. Lessor will add the cost of any damage found or for missing items to the amount the lessee must pay for the rental period and lessor will charge lessee ´s credit card for this amount. All prices are set at lessor ´s discretion.
4.2. Vehicles must be returned with a full tank of fuel. If the vehicle is not returned with a full tank of fuel, the lessor reserves the right to charge for the missing fuel at a rate that includes a service fee which is set at lessor’s discretion.
4.3. Unless agreed differently the lessee must return the vehicle and any optional extras he rented to the return location stated on his rental agreement by the end date and time. If the vehicle is not returned to the agreed location at the specified time, then the police or the lessor is authorized to repossess the vehicle without further notice at lessee’s expense. Extending the rental is subject to the consent of the lessor and if the lessee’s -credit card can be authorized for the cost of the extension. If the lessee fails to extend the rental and is more than 1 hour late returning the vehicle, his rental will be extended, and he will be charged an extra day´s rental, including extras and insurances, for each day until the vehicle is returned, plus fine set at lessor ´s discretion.
4.4. If the lessee returns the vehicle outside of business hours he is responsible for the vehicle until a member of staff has examined the vehicle upon receiving the keys. Lessee must:
4.4.1. leave any optional extras in the boot/trunk (GPS, WIFI etc.)
4.4.2. park the vehicle in a safe and secure way at the return location,
4.4.3. leave the key in a secure key deposit box provided at the rental location. Lessee is liable for the sum of any fines levied on the vehicle because of the way he left it.
4.5. Lessee must return the vehicle to the lessor’s premises unless lessor has agreed otherwise.
4.6. Lessee agrees that lessor can charge all costs incurred during the rental to his debit/credit card. In the case of failure to meet this agreement lessor reserves the right to take legal action for collections, for which lessee is financially liable for.
4.7. The lessor reserves the right to charge shipping cost for lost and found items at a rate that includes a service fee which is set at lessor’s discretion.
5. Lessor´s obligation
5.1. The lessor must provide the vehicle in a good roadworthy condition, properly taxed and registered according to Act No. 65/2015 on the renting of vehicles subject to mandatory registration of vehicles.
5.2. Lessor undertakes the responsibility to hold professional indemnity insurance, always.
5.3. The lessor must inform lessee of the content of the rental agreement and the obligations he faces when signing it.
5.4. The lessor will make every effort to inform lessee of Icelandic traffic regulations, traffic signs and the prohibited driving behaviours such as driving off-road. The lessor will also advise caution towards animals on the roads.
5.5. If the vehicle malfunctions due to normal wear and tear, lessor intends to provide another vehicle as soon as possible or ensure that repairs are made as soon as possible. This does not affect the rental payment or any other charges due during the rental period. In such cases, lessor is not liable for cost such as accommodation, airline tickets, or other laid out cost.
5.6. Lessor is not responsible for the loss or damage to any property kept inside the vehicle.
6. General Conditions
6.1. Additions and changes to the rental agreement, terms and conditions and vehicle condition report shall be made in writing.
6.2. Agreements concluded on the basis of the above terms and conditions, also including possible claims for compensation that may be made, shall be governed by Icelandic law. This applies both to the basis and calculation of compensation. The same applies to claims for compensation based on non-contractual liability.
6.3. Disputes between parties regarding this rental agreement and/or its terms may be submitted to the Appellate Committee of the Consumers Association of Iceland and the Icelandic Travel Industry Association.
6.4. In the event that any provision of the rental agreement or its terms is found invalid or unenforceable pursuant to a judicial decision, the remainder of the rental agreement and its terms shall remain valid and enforceable.
7. Force Majeure
7.1. Neither party of the rental agreement shall be liable to the other party for delays or failure to perform its obligations under the agreement and its terms, other than an obligation for the payment of money, due to causes beyond its control including, without limitation, fire, earthquake, lightning, strike, work stoppage, war, insurrection or terrorist acts (force majeure), for the duration of such an event and for such a time thereafter that is reasonable to enable the party to resume performance under the agreement. The party prevented from performing its obligations shall give notice to the other party of an event of force majeure.
8. Governing Law and Jurisdiction
8.1. The rental agreement and its terms and conditions shall be governed and construed in accordance with Icelandic law. In the event of any dispute or controversy arising out of or relating to the rental agreement and/or its terms the parties agree to exercise their best efforts to resolve the dispute as soon as possible.
8.2. In the event of a dispute arising out of or in connection with the rental agreement and/or its terms which the parties cannot resolve, the case shall be brought in the venue of the lessor, Iceland.
9. Use of Lessee´s Personal Information
9.1. Lessor uses lessee’s personal information to provide the rental services to the lessee. This might also include weather warnings.
The lessor might use the lessee’s personal information to decide whether to provide future rental services to the lessee if the lessee has given his/hers explicit consent for such usage of personal information. This might include surveys and/or other marketing material via SMS and/or e-mail.
9.2. Lessor will provide lessee ´s personal information, to the extent law allow and if necessary with the lessee’s explicit consent, to:
9.2.1. Third parties which conduct customer surveys on behalf of the lessor which the lessor uses for improving services to leesee.
9.2.2. Third parties which conduct authentication services for driver’s licences and passports.
9.2.3. Third parties who act on lessor’s behalf in claims administration or in collecting debt the lessee owes lessor.
9.2.4. Enforcement/local authorities and parking companies if they have the right to that information according to law or for the purposes of the legitimate interests of the lessor, for example to exercise the rental agreement between parties.
9.2.5. Lessee gives the lessor full premission to optain personal details of the driver, if needed, from local Police and other icelandic authorities.
9.3. Lessee has the right to request access to the personal information the lessor holds about him and, if justified, lessee may ask for any personal information to be corrected, modified, blocked or removed. In certain circumstances the lessee has the right to object to the processing of personal information as well as the right to data portability. The lessee shall turn to the lessor in this respect.
9.4. The lessee’s personal information will only be stored for the duration which it needs to be used in conformity with the original purpose of its collection. According to Article 7 of Act No. 65/2015 on the renting of vehicles subject to mandatory registration of vehicles the lessor is obliged to preserve the rental agreement for at least 3 years. In some cases personal information might be stored for up to 7 years in accordance with the Icelandic Accounting Act No. 145/1994.
9.5. The lessor, as named on the rental agreement, is the data controller of the personal information processed. Contact details of the lessor can be found in the rental agreement.
9.6. The lessee has the right to lodge a complaint to the Icelandic Data Protection Authority if the lessee is of the opinion that the processing of personal information goes against law.
10.1. When lessee signs the rental agreement, he is agreeing that lessor charges all the cost incurred during the rental period to his card.
11.1. The lessee is especially informed that the vehicle may be fitted with geo-location systems and tracking devices to locate the lessor’s vehicle in case the vehicle is stolen or not returned to the rental location, in cases where the lessor needs to locate a vehicle in case of an accident or breakdown, or to send out warnings to groups in certain regions in cases of bad weather conditions. The processing of the information is necessary for the purposes of the legitimate interests of the lessor and to protect the vital interests of the lessee. The information from the geo-location systems and/or tracking devices will not be used for any other purpose.
11.2. When the vehicle has been returned after the time of rental the information collected from the geo-location systems and/or tracking devices will be deleted or kept in a form which does not permit identification of the lessee.
12. To Whom Do the Terms & Conditions Apply
12.1. The terms and conditions apply to all leesees. In the case of registration of an additional driver or drivers the driver’s licence of the additional driver must also be submitted or shown.
12.2. Additional driver(s) must be registered with the lessor at the start of the rental. Additional drivers are registered for the whole rental period and their fee is to pay accordingly, up to the maximum period to be charged. It is only those persons who are listed in the rental contract that are allowed to drive the rental vehicle. The terms and conditions do not apply if the vehicle is driven by other persons than those who are listed in the rental contract.
12.3. If the maximum number of passengers for which the vehicle in the contract is registered is exceeded, the terms and conditions do not cover the excess passengers.
INSURANCE - WAIVER AND PROTECTION OPTIONS
Insurance Terms and Conditions
1. Where and when does the insurance policy apply.
1.1. The insurance policy applies in Iceland during the time of rental.
1.2. If the journey and time of rental is extended due to unforeseen and pressing reasons which are beyond the control of the insured (also called the “insured”, “leesee” or “driver”), the insurance policy will be in force for 1 extra day.
1.3. If the lessee is insured through a third-party insurance provider, such as a credit card or insurance company, lessee will have to settle with the lessor and then get reimbursed through their insurance provider.
2. Insurance coverage
2.1. The insurance policy includes the coverage stated in the specification in the rental agreement.
2.2. The insurance policy includes third party liability for injury to persons and damage to property caused by the vehicle (i. Ábyrgðartrygging). Accident insurance for the driver is also included (i. Slysatrygging). These insurances are mandatory according to Icelandic laws and regulations.
2.3. Voluntary coverage
2.3.1. Collision insurance (Collision Damage Waiver) CDW
CDW reduces the lessee’s costs in the case of damage to the vehicle to include only a mandatory excess amount stated in the rental agreement, unless the damage is the result of theft, burglary or instances listed in articles 3.2.1 – 3.2.18 in this policy. When CDW is not taken, the renter is fully responsible for any damage. Liability can amount up to the full value of the vehicle.
2.3.2. Super CDW
Super CDW can be taken, as an addition to CDW. This policy reduces the mandatory amount of excess payment as stated in the rental agreement, unless the damage is the result of theft, burglary or instances listed in articles 3.2.1 – 3.2.18. When Super CDW is not taken, the lessee is fully responsible for any damage. Liability can amount up to the full value of the vehicle.
2.3.3. Theft Protection (TP)
It reduces the lessee’s costs resulting from theft or burglary of the vehicle to a mandatory excess amount payment stated in the rental agreement. The insurance does not cover the personal property of the lessee or passenger(s) in the rental vehicle resulting from theft or burglary or instances listed in articles 3.2.1 – 3.2.18. When TP is not taken, liability can amount up to the full value of the vehicle resulting from theft. The leesee, him- or herself, is responsible for reporting theft and burglary to the police and the lessor.
2.3.4. Sand and Ash protection (SAAP)
SAAP covers damage to the vehicle resulting from external objects such as; ash particles, sand, small rocks or debris being blown into the vehicle in high winds. It covers damage to paint, glass, lights and plastic parts. SAAP reduces the lessee ´s cost to a mandatory excess amount payment stated in the rental agreement. SAAP does not apply to instances listed in articles 3.2.1 – 3.2.18.
2.3.5. Gravel Protection (GP)
Includes damage to windscreen, headlights and the car when gravel or rocks get thrown on the vehicle by another car. Due to the recent volcanic eruptions in Iceland the risk of damage to the paint and windows of our cars has increased. No other insurance covers these damages and insurance companies refuse to cover them. Even though all safety rules are followed damage can happen when, for example, wind starts blowing more than was forecasted thus moving the sand/ash and damaging the car. GP does not apply to instances listed in articles 3.2.1 – 3.2.18.
2.3.6. Tire Insurance (TI)
Tire insurance includes 100% reimbursement of repair or replacement with no deductible for: tires, valve stems and balancing.
This insurance does NOT cover the rims and damage from off road driving. The insurance does not include cost of switching the tire by a third party such as a garage or road assistance service. TI does not apply to instances listed in articles 3.2.1 – 3.2.18.
2.4. The lessee can also add insurance packages, each policy has a specific deductible amount
2.4.1. Silver insurance package
Includes: Super collision damage waiver and Gravel protection.
2.4.2. Gold insurance package
Includes: Super collision damage waiver, Gravel protection and Sandstorm protection.
2.4.3. Platinum inscurance package
Includes: Super collision damage waiver, Gravel protection,Tire insurance, Sandstorm protection and Theft protection.
2.5. General limitation of liability for the policy
2.5.1. Each deductible only applies to the vehicle registered on the rental agreement and covers only one damage per rental. If a vehicle needs to be replaced for any reason, the purchased insurance on the former vehicle expires. This article does not apply in case of breakdown due to ordinary wear, malfunction which the lessee is not responsible for or damage which is covered by the lessee’s protection as per the rental agreement.
2.5.2. The lessor is not liable for an insurance event which the insured has caused while driving the vehicle in a self-induced state of intoxication by alcohol or other intoxicating or anaesthetising substances. The same applies to an insurance event that is caused by another person while driving in such condition, if the insured has assisted in the use of the vehicle even though he or she knew or should have understood that the driver was under the influence of alcohol or other intoxicating or anaesthetising substances.
3. Limitation of liability in the case of violation of safety regulations or obligations of the insured
3.1. Obligations of the insured
3.1.1. The driver of the vehicle shall hold a valid driver’s licence for the type of vehicle in question.
3.1.2. The doors and boot of the vehicle shall be locked when the driver leaves the vehicle. All keys to the vehicle shall be stored in such a manner that unauthorised persons do not gain access to the vehicle.
3.1.3. Goods that are within the vehicle shall be appropriately secured so that they do not cause damage.
3.1.4. The vehicle shall not be used for participation in or training for speed racing or speed tests.
3.1.5. In case of damages not covered by Collision damage waiver (CDW) insurance, the insured lessee is responsible for all costs because of such damages according to the lessor ´s price list or cost estimate.
3.2. None of the insurances cover:
3.2.1. Damage owing to war, revolution, civil unrest or rioting.
3.2.2. Damage inflicted by animals.
3.2.3. Holes burned into seats, carpets, mats or other parts of the interior.
3.2.4. Damage affecting only wheels, tires, undercariage, roof, batteries, glass (except for windscreens and tires when additional insurance is purchased), radio receivers or loss by theft of parts of the vehicle and damage resulting therefrom.
3.2.5. Damage to the vehicle’s parts when driving on rough or uneven road surfaces, including but not limited to causes like; ridges left by road graders, stones lodged in the road surface or at the edge of the roadway, speedbumps or potholes. The same applies to any damage to the undercarige and or the top of the vehicle.
3.2.6. Damage resulting from driving in places where the vehicle is not permitted to be driven, such as on closed roads, tracks, rough trails, in snowdrifts, on ice, across un-bridged rivers or streams, on beaches, on causeways accessible only at low tide or in other off-road areas.
3.2.7. Damage caused by sand, gravel, ash, pumice, or other earth material being blown onto the vehicle. Additional insurance, lowering the excess amount for such damages is offered by the lessor for an additional fee.
3.2.8. Water damage to the vehicle.
3.2.9. Damage caused by sea spray/seawater.
3.2.10. Damages caused to the vehicle by the wind blowing up doors, tailgate or bonnet.
3.2.11. Damages resulting from driver being under the influence of alcohol, stimulants or sedatives, or in any other way incapable of driving the vehicle in a safe manner.
3.2.12. Broken, lost or missing parts from the vehicle, either by theft or other circumstances.
3.2.13. The cost of hiring an interpreter.
3.2.14. Damage resulting from gross negligence entails that the right to compensation lapses.
3.2.15. Damage to engine or other mechanical parts due to incorrect fuel use.
3.2.16. All damages caused by vehicle rolling over
3.2.17. If the lessor needs to collect the vehicle, or have it collected, owing to a collision or an accident, the lessee shall bear all costs thereof according to the tariff of the lessor at each time.
3.2.18. In other respects, reference is made to the general terms and conditions for CDW insurance.