CARACTER LEGAL INFO
TERMS AND CONDITIONS
ISSUED JUNE 2021
Prices include 18% VAT
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The reservation is confirmed for a specific group of cars but not for a specific model or make. Should a model of the selected group not be available, one of the higher categories will be provided at no extra cost to the customer. The person who signs the contract must be the person who pays for the rental and the main driver of the vehicle. The rental days are calculated on a 24 hours from the pickup time. The rented vehicle must be returned not later than 59minutes from the stipulated drop-off time. A day’s rate will apply if the renter delays drop off by more than 59 minutes courtesy period. The card used for payment and pre-authorization/deposit must be in the name of the main driver on the rental agreement. All cars are to be returned at the designated parking spaces, in the same condition that it was collected.
If the customer decides to terminate the Contract in advance, the entire amount paid for the days the vehicle was not used (including taxes) will be retained as an indemnity. The maximum permitted length of a rental is of 28 days after which the customer must return to the pickup office to close the rental agreement and open a new one. The Car rental company is not obligated to provide a rental vehicle for any unconfirmed reservation. CARACTER reserves the right to cancel the delivery of the vehicle in case of doubts about the financial capacity of the client. If the customer chooses not to purchase any insurance cover offered by CARACTER, he solely is responsible for the vehicle during the rental period. Any personal insurance stipulated by the customers with third-party companies is valid exclusively between the customer and the third-party company. In the event of theft or damage to the rented car, your liability towards the rental company cannot take into consideration this third-party insurance, and it will be according to the type of rate booked, the protection plans purchased, and the General Rental Conditions. A full excess amount will be blocked as pre-authorization from the credit card of the renter. The rate of exchange used to convert to Euro will be determined by our credit card company and may vary from the one advertised on our site at the time of booking. It is not allowed to drive a hired vehicle beyond the limits of the islands of Malta. It is possible to travel to Gozo Island without any extra costs. If the vehicle must be recovered from Gozo, CARACTER will charge the Customer all expenses incurred in the recovery of the vehicle, including but not limited to tow-truck costs, ferry charge, Loss of Use Fee, and any additional costs being generated by this event. Cross-border is not allowed, and Insurance Covers do not apply. We will charge you for any costs we incur while we are trying to get payment from you, including legal costs. Included in the Rates Unlimited mileage, Vehicle License Fee, Total Sales Tax, Fire & Theft Protection (Excess Applies), Change of the car in case of breakdown, 24/7 Road Assistance, No cancellation charges. Not included in the rate Additional Insurance Cover (excess waiver), Personal Insurance, Additional Driver Fee, Fuel, Fines & Parking Tickets, Location Service Charge.
For the rental of vehicles, the driver must have an original valid driving license. Together with the driving license, the driver must be in possession of an original and valid Identity Card and/or passport and a valid credit card on the main drivers’ name with sufficient credit to cover the amount which will be frozen on it as a warranty upon pick up of the vehicle. Accepted card payment method: VISA CREDIT, MASTERCARD CREDIT, and DEBIT CARD. We do not accept PRE-PAID CARDs, American Express, and Cash Payments. All our rental transactions and charges are processed in Euro currency. The rate of exchange used to convert to Euro will be determined by our credit card company and may vary from the one advertised on our site at the time of booking.
The minimum age for the renters, on all car categories, is 21 years of age. Drivers between 21 years of age and 25 years of age shall be required to purchase an extra insurance cover. The maximum renters’ age for all car categories is 75 years old. Drivers/renters between the ages of 71 years and 75 years old shall be required to purchase an extra insurance cover.
The customer is obliged to carefully check the conditions of the vehicle before leaving the parking area. Should the client notice any difference regarding the condition of the vehicle upon signing the rental agreement, he must immediately inform the rental agent. The customer will not be able to complain about any difference in the condition of the vehicle he will notice after signing the rental agreement and the checkout sheet and after the delivery of the vehicle as he will be deemed solely responsible for the damages. Any complaint arising from such matters will not be accepted.
The customer must return the hired vehicle in its pre-rental condition, together with all its documents, tires, tools, and accessories, at the place and on the date and time set out in the Rental Agreement. If it is not returned clean, the customers must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to CARACTER Rentals, Loss of Use for the period the vehicle is not available for rent being valeted, and for any other damages sustained by the company. The inspection sheet must be signed by the customer, confirming that the car is returned dirty; only after the vehicle is thoroughly washed, the vehicle inspection department will issue a full inspection. In the case that car is returned during Out of Office Hours, the customer needs to park the car in the designated parking spaces and post the key together with the rental contract in the key box, and clearly state where the car has been parked for retrieval. We always inspect the vehicle on its return. We recommend that you are there for the inspection. Kindly note that all our cars are non-smoking, no pets are allowed on board, and the cleaning of the car is categorized into 3 stages: Light, Medium, and Heavy. Having a lot of sand in the car and/or on the car seats, being stained with seawater/salt, is categorized as Heavy cleaning, so kindly be very cautious when visiting the beach. A cleaning fee will apply. The rental assistant gives the signature for the inspection of the vehicle on its return for no visible major/severe damages, no collections will be deemed as a waiver under the items of Maltese Law and the renter will remain liable until the vehicle is thoroughly washed for a full inspection by the vehicle inspection department. Once the vehicle will be washed, a full detailed inspection will be carried out and send via the provided email by the renter.
We strongly recommend that you are present for the inspection at the check-in of the rented vehicle, especially if there is any damage to it so that any damage can be agreed upon, the total to pay can be confirmed and payment can be taken. If you are not there for the inspection, we will add any cost of any damage we find, to the amount you must pay for the rental period. You will not be liable for this amount if you can prove and show that the damage was not in any way your fault or due to your negligence or breach of the contract. When you sign the rental agreement, you are authorizing us to take payment for damage if necessary. We will automatically charge your payment card and send you the report on the email you have provided us upon signing the agreement. Damage to the vehicle will be quantified according to the CARACTER RCT Damage Repair and Costs Table, and any cost that is not found on the table will be based on the car manufacturer’s price list. The renter shall be required to file a police report (even in the case of damage) to be covered by Insurance and in any kind of accidents that may occur. In the case that the renter chooses not to file a police report, the renter will not be covered by the insurance and will solely be responsible for the damage cost. In the case that the driver is hospitalized then the accident is to be reported to the Car Rental Company, and proof (medical certificate) that driver was in the hospital is to be presented. The renter is not covered by any insurance cover for accidents caused by or because of alcohol, drugs, or transportation of illegal materials. An administration Fee Applies in all accidental cases. The customer is obliged to carefully check the conditions of the vehicle before leaving the parking area. Should the client notice any difference regarding the condition of the vehicle upon signing the rental agreement, he must immediately inform the rental agent. The customer will not be able to complain about any difference in the condition of the vehicle he will notice after signing the rental agreement and the checkout sheet and after the delivery of the vehicle as he will be deemed solely responsible for the damages. Any complaint arising from such matters will not be accepted. New Damages on the vehicle If any damages not pre-existing upon pick up are found when checking the vehicle in (drop off), these are quantified by sticking to the RCT Damage Repair and Costs Table and to the criteria explained in the relevant explanatory sheet. It is the Renter’s responsibility and interest to contact the renting office before accepting/starting the vehicle if noted damage is disputed; Certain damages are not covered by the insurance policy and these are charged directly to the renter – such as lost/damaged keys or vehicle documents, damaged/I burnt’ clutch, damage to tires, damage or loss of wheel rim or covers, external whole or part mirrors, car interior, undercarriage, damage to vehicle chassis, damage to the engine oil pan, any damage due to lack of oil or a result of usage of incorrect fuel, damage to the vehicle interior or other damages to the vehicles directly and/or indirectly caused by careless usage. All damages not reported on the RCT Damage Repair and Costs table will be quantified by the appropriate damage report issued based on the car Manufacturers pricelist. In case of damage or theft (total or partial) occurring to the rental vehicle, the client will be liable to pay an administration fee. Damages caused by weather conditions or Due to customers’ negligence are not covered by the insurance and the renter is responsible for this.
The customer will be liable for any damages caused to the vehicle due to vegetation, even if he has subscribed to the FDW Protection Plan, as this can be considered his negligence to drive the car in the countryside or in places where the vegetation can cause scratches and damages to the vehicle.
If the agent is unable to collect the vehicle, the renter will be charged a one-time ‘Loss of Use’ Fee, so kindly make sure when returning the rented vehicle to clearly write on the contract where the car is located, together with the key, post it in the provided key box by the parking elevators. If you have any problems, kindly contact our representative on +00356 99992337.
It’s optionally available at a daily charge of €10 per day to cover more than one driver on the rented vehicle during the rental duration. All additional drivers must present their driving license at the time of rental to be insured. The main driver will be solely responsible for the rental vehicle in any case that may occur. If another driver is spotted driving the rental vehicle other than the main driver, a Second-Driver fee will automatically be charged on the main driver’s bank card. In case of an accident where the driver is not the main and undersigned of the rental agreement, the rental vehicle is not covered by any kind of insurance and the main driver is solely responsible for the full amount of the cost of the damages.
The customer is responsible to pay all fines before departure. A pre-authorization will be made, representing the deposit blocked for the Fines and Parking tickets. If no traffic violations are made, the amount will be automatically released by the bank.
Pick-ups are available between 20.00 – 09.00. A fee of €45 will apply. Out of office hours return is available, either to a member of our staff or by leaving keys and rental agreement in the key box. For additional information, please contact the location on +356 99992337 Out of Office Hours Fee also applies on Malta’s Public Holidays which can be found in the table below:
CARACTER offers to cover potential costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts, or emergency fuel delivery (up to 3 gallons). If you do not purchase the Roadside Assistance Plan in advance, you may incur added costs for providing the above-referenced services. When paying in advance for a Roadside Assistance Plan, you will pay for any full or partial day at the rate specified in the Rental Contract. There are no refunds if you do not use the Roadside Assistance Plan. Once purchased, you cannot cancel or rescind the Roadside Assistance Plan during the rental. In case of accident or breakdown of the vehicle, the customer is required to call on the Emergency Number: +356 79999892.
The Pre-Authorization is an irrevocable purchase proposal that the customer makes in favor of CARACTER Rental, used to hold a security deposit / excess amount when booking the rental. When a customer picks up a car, the company reserves the predefined security deposit amount on the customer’s credit card. At the time of the rental, the customer must present a Credit Card in his name, registered and internationally recognized, (Visa, Mastercard) for the blocking of the security deposit. The reserved amount is unavailable to the customer, but it is not charged. If the merchant does not make a transaction or cancels the pre-authorizations, the amount will be unblocked automatically by the bank up to 30 days. If the car is damaged, the rental company can use this deposit to cover the costs. 1. A Pre-Authorization for damages to the rental car body, the engine (mechanics), based on the car category; 2. A Pre-Authorization for the vehicle circulations offenses/parking offenses and/or traffic violations.
Will cover you in case of: Fire, Theft;
The [CDW] also reduces the responsibility of the renter towards the car rental company in case of accident.
If the [CDW] is declined, the customer is responsible for the full value of the vehicle.
Will cover you in case of: Fire, Theft, Damage to third party vehicles, Damage to rental vehicle (Car’s bodywork).
* [CDW] and [FDW] do not cover wing mirrors, windscreen, undercarriage, roof, tires and rims, upholstery, clutch or gearbox damage, flat battery, and any damage caused by the negligence of the renter. In cases where damage repair cost less than excess amount, the renter’s liability will be limited to the actual damage repair cost, or any other costs determined by the company at the time. The vehicle’s insurance policy is subject to strict terms and conditions.
With or without a third party, a written and detailed Police declaration must be handed out according to the rules established by the Maltese legislation. · In case of an accident with a third party, it is necessary to present a Police report including registration number, insurance company details, name, and surname of the driver and of all possible witnesses, name, and surname of the owner of the vehicle (which can be found on the car documents). An office administrative fee will apply. · If new damages (not pre-existing upon pick up) are found when checking the vehicle in (drop off), and if these are not covered by the clauses reducing and/or eliminating Customer’s liability (CDW Protection Plan and/or PAI Protection Plan or FDW Protection Plan), the procedure will be the following: · in case of damage included in the RCT “Damage Table”, the drop off location identifies the damage immediately and jointly with the Customer, where possible, the post rental vehicle inspection will be filled out, documents will be passed to the administration department where the damages are quantified, invoiced and proceeds with charging the relevant amount on renter’s credit card; In order to check the car thoroughly, jointly with the customer, the car must be returned in the delivered state: clean from the inside and out. If the car is returned dirty, the vehicle will first be sent for a complete washing at the customer’s expenses, only then the post vehicle inspection will be carried out. On returning the vehicle the Renter must sign the post vehicle inspection and acknowledges the procedure of returning a dirty vehicle. If no new damages are found, the full pre-authorization will be released according to the bank. · in case of SEVERE damage NOT included in the RCT “Damages Table”, once it has been identified jointly with the Customer, the drop off location freezes, by way of caution, an amount on his credit card without charging it and waiting for the damage to be quantified by an appropriate damage report. Once the damage report has been issued by the car rental company, the Customer will be sent a communication with the documents showing the damage and the relevant quantification. When 5 days have gone by after this communication, the amount quantified by the damage expert will be charged; · in all cases where it is not possible to identify the damage jointly with the Customer (for any cause due to him) the Lessor freezes an amount on his credit card by way of caution without charging it and proceeds with the quantification of the damage either by the RCT Damages Table or by a damage expert. The customer will then be sent a communication with the documents showing the damage and the relevant quantification. When 5 days have gone by after this communication, the amount quantified by the damage expert will be charged; · Customer can dispute the damage and/or its quantification. In such cases, the Lessor takes the Customer’s reasons and gives feedback for them. If the Customer’s dispute is met, no charge will be made, or a refund will be made if the damage has already been charged. If the Customer’s dispute is received within 5 days after the communication sent to him and containing the charge notice, the file will be temporarily kept on stand-by and no charge will be made until all checks have been completed. In case Customer reports a claim for an accident not caused by him (Accident Report Form –CID- with Customer’s signature only), the Lessor will charge him, by way of caution, an amount quantified by the RCT Damages Table or by an appropriate damage report (in case of damages not included in the RCT Damages table waiting for the file to be completed by the Insurance Company. In case of insurance compensation, this will be deducted from the amount charged to the Customer. If the damage caused by the accident is attributed to the Customer, then he will also be charged for the damage report cost (in case this has been issued) and for the postal fees. Only in case, a Customer who reports a claim not caused by him hands out also an Accident Report Form –CID- signed by the third party, then he will not be charged for the amount contractually stated as damage responsibility. If the third party’s insurance company does not pay the damage because the hereabove form (CID) results incomplete, inadequate, or the accident results being in contributory negligence or passive, the amount of the damage caused to our vehicle up to a maximum of the damage penalty contractually stated will be claimed by the Lessor. The Damage Report Form –CID- signed by the third party must be always handed out even if the damages are covered by the subscription of the optional clauses for limitation and/or elimination of liability (CDW Protection Plan and/or PAI Protection Plan or FDW Protection Plan). All damages not reported on the RCT Damages table will be quantified by the appropriate damage report issued based on the car Manufacturers pricelist. In case of damage or theft (total or partial) occurring to the rental vehicle, the client will be liable to pay an administration fee. Damages caused by weather conditions Due to customers negligence are not covered by the insurance and renter is responsible for this.
The charge shall be applied when the vehicle becomes unable to be used for more than 59 minutes between rentals and/or in case of repairs required due to damages and/or loss of keys occurring within the rental period, or for deep cleaning – charging a one-time fee of €100.
If the keys to the vehicle are lost or needs to be replaced, the company will charge the renter according to the damage price list minimum charge of €700, an Administration Fee will be applied, and a day (1) ‘Loss of Use’ flat fee of €100 per case.
In the case of the renter abandoning the rental vehicle and not returning it to the drop-off time and location, the renter is hereby granting authorization, agreeing, and accepting that he will be charged the Abandoned Vehicle Fee together with any damages discovered on the rental vehicle, from his credit card, and these in accordance with the car rental company’s damage price list, and incurring any towage Fees need be. In such cases, the renter is giving his express consent to the car rental company to carry out a charge either from the pre-authorization or a separate transaction/ delayed charge transaction from the credit card provided. Photo of abandoned vehicle and declaration from the rental company will be provided.
Use of GPS Traking Devices
We use GPS tracking devices to track or locate cars that may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, or to identify cars that have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. You should have no expectation of privacy or confidentiality as to the places where the car is driven while rented to you.
GPS by Garmin®
CARACTER offers for rental a Garmin® Global Positioning System (“GPS”) receiver for your use. If you rent such a unit you will pay the additional daily charge shown on the Rental Contract. This unit is not part of the car. You are responsible for any loss or damage to the unit and its accessories regardless of the cause even if you have purchased the Premium Insurance cover. If the unit and/or its accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us its repair or full retail cost.
We offer baby, infant, child, and full backed booster seats. A baby seat is typically suitable for a child from birth to 12 months old and weighing no more than 13 kilos. An infant seat is typically suitable for a child aged 9 months to 4 years old and weighing between 9 and 18 kilos. A child seat is typically suitable for a child aged 4 to 11 years old and weighing between 15 and 36 kilos. A booster seat is typically suitable for a child aged 8 to 11 years old and weighing between 20 and 25kgs.
In some rental locations, we may arrange for a third party to fit the seat for you. But remember, it is always your responsibility to check the seat is fitted correctly before you drive away. Please note: All children must normally use a child car seat until they’re 12 years old or 135cm tall. Fee per day will be charged upon collection.
The vehicle is kept available up to a maximum of 59 minutes after the flight has landed. In the event of the vehicle not being picked up within the 59min time frame, the No Show Policy applies.
Cancellation is free of charge up to 24 hours before the pick-up time. For cancellations made later than this, a cancellation fee of €50 euros will be charged. The total prepaid amount shall be refunded to the same credit or debit card as the one used for the initial payment.
The customer can modify the booking without any charge up to 24hrs of the pickup time. If, because of the changes, an amount higher than the prepaid amount is due, the customer must pay the difference with a new payment. If the balance amount is lower, no refund is due.
No Show Policy applies if the client:
If No Show policy applies, the entire amount paid will be retained as an indemnity.
If you decide to end the contract early, you must return the vehicle, get it inspected, and return any optional extras. We will not be responsible for your foreseeable losses.
We insist on providing you with a high level of service, but we know that sometimes things might go wrong. If You have a Complaint about your rental, we want to hear about it so we can make things better. We take customer service seriously and commit to dealing with complaints fairly and thoroughly. Please email Us at email@example.com We will deal with Your Complaint, for free as soon as We can and try to reach a resolution that both You and We are happy with. We aim to give You a response within 15 days and we will notify you if we believe it will take longer if we are unable to reach a resolution. Mobile contact no: +356 99992337
For any dispute arising out of this contract, the parties agree that such disputes shall be referred to exclusively competent Authorities, Tribunals or Courts of Malta; or, if agreed between the parties, to arbitration proceeding as contemplated by the Arbitration Act (Chapter 387 of the Laws of Malta). The rental agreement is governed by the Maltese Law, and therefore such Law is to be applied to any dispute arising therefrom. Rates and Conditions are subject to change without prior notice. Customers’ responsibility in case of damages and theft of the rental vehicle.
The rental agreement contains specific information about the rules regarding the responsibility in using the vehicle. Among this information, it is particularly important the compliance to the rules about the correct and diligent use of the rented vehicle (such as avoiding driving the vehicle on unpaved roads and sticking to the usual rules of attention and maintenance), as well as the compliance to the traffic rules. All customers are invited to kindly go through the current General Conditions carefully. We also remind that, in addition to the circumstance clearly stated by the law, the exemption/ reduction of liability will not be effective in case of malice or negligence, as per articles 1031, 1032, and 1033 of the Civil Court.
The Hirer/ renter hereby acknowledges having read and understood all the terms and conditions related to this rental agreement. The hirers/ renter’s signature on the rental agreement confirms the acceptance of all the terms and conditions of the Car Rental Company including the separate documents signed upon rental of the vehicle. Such signatures constitute hirers acknowledgment, acceptance, and authorization for the Car Rental Company to charge the hirers/ renters credit card the amounts specified and due in the accordance with such documentation.
Personal Data of the renter such as the renters’ name, surname, identification number, residential address, email, mobile number, banking/ credit card details, will only be used for the restricted purpose of registering the renter and for managing the business relationship thereafter. Under the Data Protection Law (General Data Protection, GDPR EU Regulation 2016/679), personal data may only be processed for lawful purposes. In case of damage or theft (total or partial) occurring to the rental vehicle, the client will be liable to pay for an inclusive amount of €100 (vat inc.) as an additional service.
* ALL TERMS, CONDITIONS, AND THE PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
_ By confirming the reservation, and signing the rental agreement, the customer acknowledges having read and accepted these terms and conditions and agrees with the vehicle check-out condition report.
THANK YOU FOR CHOOSING TO BOOK WITH CARACTER RENT A CAR MALTA!