Terms and Conditions
General Terms and Conditions in respect of the Vehicle Lease Agreement These General Terms and Conditions are an integral part of the Vehicle Lease Agreement executed between the Customer and OCTANE in respect of the hire and/or lease of the Vehicle. These terms and conditions are fully incorporated into the Agreement by reference therein and are supplemental to the terms set out in the Agreement
General Terms and Conditions in respect of the Vehicle Lease Agreement
1 . Definitions
1.1 In this General Terms and Conditions, the following words and expressions shall, unless the context requires otherwise, have the following meanings:
Agreement means the agreement executed between the Customer and OCTANE (Vehicle Lease Agreement) including these T&Cs, and the Chart stipulated on the Website as amended from time to time.
Chart means the chart containing the fees of the Vehicle lease stipulated on the Website at https://emirate.rent/prices/. Additional Drivers means any additional drivers nominated by the Customer in the Agreement.
Customer means the customer who has entered into the Agreement with OCTANE for hiring the Vehicle.
Driving License means a valid driver’s license issued by the respective traffic or any other governmental authority, authorizing its holder to driver a vehicle or motor car as specified below.
Lease Period means the lease date as noted in the Agreement and the estimated/confirmed return date of the Vehicle by the Customer to Octane. For clarity, any extension of the Lease Period at the time of or after the expiry of initial or subsequent Lease Period(s) shall be deemed as a new Lease Period.
Per Day for the purpose of per day rental, per day means twenty-four (24) hours.
Per Day Charge means the Per Day rental charge of the Vehicle as noted in the Agreement.
Permitted Mileage means the Per Day permitted mileage as agreed and noted on the first page of the Agreement.
Restricted Use means, other than reasonable road use, any activities and usage of the Vehicle, including but not limited to driving under the influence of drugs and/or alcohol, racing, rallying, drifting, off-road driving or driving on an un-metaled road, driving through and parking the vehicle in standing water, towing of other vehicles or materials, etc.
T&Cs means these Standard Terms and Conditions of the Agreement.
UAE means the United Arab Emirates.
Valid Driving License a Driving License to be valid, for the purpose of this Agreement, it shall meet any of the following conditions:
a.For the UAE nationals, a Driving License, issued by the relevant traffic authorities in the UAE;
b.For the UAE residents (including those with the resident visa under process), a Driving License shall be at least three years old. If it is less than three years old, then a supporting Driving License from any other country proving that its holder has been driving for more than three years;
c.For Chinese nationals, a Driving License in any other language (including Chinese), shall be accompanied by its notarized English translation;
d.A Driving License issued from any of the following countries:
(i)North America: Canada and United States of America;
(ii)East Asia & Pacific: Australia, China, Hong Kong, Japan, New Zealand, Singapore and South Korea;
(iii)Europe: Albania, Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, Estonia, France, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Spain, Sweden, Switzerland, Turkey and United Kingdom;
(iv)GCC: Bahrain, Kuwait, Oman, Saudi Arabia and Qatar; and
(v)Africa: South Africa;
e. Drivers from the countries not listed above are only permitted to drive with a valid international Driving License supported by the original home country Driving License provided they are not residents of the UAE under an employment or other type of resident visa.
In addition to the above, a Driving License meeting any of the above conditions shall be accompanied by a valid passport as an additional proof of identification. However, the UAE nationals and residents can provide a copy of their Emirates ID.
Vehicle means the vehicle of OCTANE that the Customer has agreed to lease or hire in accordance with the terms of this Agreement, the details of which including its brand and type, traffic plate number, engine number, year of manufacture among others are set out in the
Agreement.
Website means OCTANE’s website from time to time, currently https://emirate.rent
1.2 unless the context otherwise requires:
(a) words in the singular shall include the plural and vice-versa;
(b) words in the masculine shall include the feminine; and
(c) words relating to natural persons shall include companies, entities, associations or bodies of persons whether incorporated or not.
1.3 the word “may” shall be construed as permissive and the word “shall” as imperative.
1.4 A reference in this Agreement to a document is a reference to the document whether in paper or electronic form.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 Any obligation on a person not to act or do something includes an obligation not to allow that thing to be done by others.
1.8 All dates and periods of time referred to in this Agreement shall be ascertained in accordance with the Gregorian calendar.
1.9 Unless the context requires otherwise, reference to a “Emirati Dirham” or “AED” are references to Emirati Dirhams, legal currency of the United Arab Emirates.
1.10 The words “include”, “includes” and “including” shall be construed as if the phrase “without limitation” was added.
2 . Eligibility, required documents and Chart
2.1 Customer hereby represents and warrants that he/she (including the Additional Drivers, if any) have a Valid Driving License and shall maintain its validity during the Lease Period.
2.2 The Customer hereby undertakes that it shall in the event of expiry and/or invalidation of his/her and Additional Drivers’ (if any) Driving License shall immediately notify OCTANE and stop using the Vehicle with immediate effect.
2.3 The Customer confirms that he does not have an Emirates ID or, if he does, that he has a valid Emirates driver’s license (“UAE DL”).
a.The Customer hereby acknowledges and agrees that he was warned that Octane’s policy prohibits renting a vehicle to a person who has an Emirates ID unless that person also has a valid UAE DL (“Rent without UAE DL”).
b. In case of a Rent without UAE DL by the Customer, the Customer certifies that he is aware that:
• Any insurance coverage and the Octane Shield renders are ineffective and invalid.
• The Customer assumes full lability and responsibility, including but not limited to any financial liability, for any and all claims, demands, complaints, liabilities, losses, damages, costs and expenses (“Damages”) arising from, relating to or in connection with the Rent without UAE DL.
The Customer hereby releases Octane and each of its employees, shareholders and directors (collectively, the “Indemnitees”), and the Customer hereby agrees to indemnify, defend and hold harmless the Indemnitees, from and against any and all Damages.
3 . Delivery Policy
3.1 The Customer acknowledges that the delivery date and time of the Vehicle shall at all times be pre-agreed between the Customer and OCTANE.
3.2 The Vehicle, if requested, may be delivered to the Customer outside the normal working days and hours, subject to respective locations at an additional charge. The Customer shall contact the OCTANE representative if the Vehicle is required outside the normal working hours and day and agree on the relevant extra charge which must be paid at the time of accepting the delivery of the Vehicle or in advance, if so required by the OCTANE representative.3.3 By accepting the Vehicle upon its delivery, the Customer accepts that the Vehicle is in the condition as noted in the Agreement and the Customer shall accordingly ensure that the same condition is maintained until the return of the Vehicle to OCTANE at which time the Vehicle will be inspected by the OCTANE’s representative before accepting its return.
4 . Lease Period, Return Policy and Extension
4.1 Per Day Charges for the Vehicle are on a twenty-four (24) hour basis;
4.2 OCTANE grants a grace period of 30 minutes for renting a car. Thereafter, in addition to any additional rental days, the Customer will be charged the following Late Return Fine:
• AED 300 for a delay of 31 to 120 minutes
• Daily rental rate for more than 120 minutes of delay
The Customer may avail an option of the Vehicle late return, either for two (2) or four (4) hours, with an additional prepaid fee. This option eliminates any grace period and incurs Late Return Fines. A written request shall be sent by the Customer to OCTANE no later than three (3) hours before the end of the Lease Period. Such a request is subject to the acceptance and refusal of OCTANE at its own discretion.
4.3 In case of reduction of the Lease Period by a day or more at the request of the Customer, the agreed Per Day Charge will be recalculated in accordance with the Chart and any residue of the previously paid rental amount will be returned to the Customer after deduction of early termination charge of AED 500;
4.4 It may be noted that any return outside the normal working hours and/or at locations not pre-agreed with OCTANE may be subject to additional charges, determined in the sole discretion of OCTANE. The Customer shall confirm such additional charges beforehand with the relevant OCTANE representative failing which the Customer shall be obliged to pay any such cost as levied by OCTANE should the Customer wish to return the Vehicle outside the normal business hours as noted in clause 3.2 above and at any location which is not pre-agreed location of return of the Vehicle.
4.5 If the Customer wishes to extend the term of this Agreement prior to the expiry date of its term, a written request shall be sent by Customer to OCTANE at its customer service WhatsApp number +971 56 444 0055 or at [email protected] from the Email of the Customer stated in the Agreement. Such a request is subject to the acceptance and refusal of OCTANE at its own discretion. Hence the Agreement may not be extended unless OCTANE’s written confirmation is granted, and the Per Day Charge/s have been paid. The Customer shall state in the extension request the number and date of the agreement, his/her full name and the required extension period, according to the following example:
“With reference to the Vehicle Lease Agreement number {insert agreement number} dated {insert agreement date} (the “Agreement”), I {insert full name} would like to extend the term of the Agreement for {insert number of days/months} till {insert return date} in accordance with clause (8) of the Agreement”.
4.6 OCTANE may require the Customer to replace the Vehicle at any time during the business hour of a working day if the Vehicle is due for any service, maintenance, sale exchange or any other purpose as deemed appropriate by OCTANE. In such event the Customer shall cooperate with OCTANE and return the Vehicle by accepting a replacement vehicle from OCTANE (a replacement vehicle may be temporary until OCTANE arranges for the Vehicle of same model and type as the one that has been replaced.
4.7 OCTANE reserves the right to recall and repossess the Vehicle at any time if the Customer has violated any of the terms of the Agreement and/or T&Cs.
4.8 In the event the Customer does not return the Vehicle on the agreed return date or does not pay the fees or otherwise violates terms of this Agreement and is not responding to OCTANE’s request for return of the Vehicle, OCTANE may:
(a) Report the Vehicle to police as stolen;
(b) Take all legal action permitted by law, including but not limited to, filing claims/cases against the Customer for damages, non-payment and outstanding dues;
(c) repossess and recover the Vehicles without any notice or approval of the Customer;
4.9 To inform OCTANE of any kind of traffic or driving fines, tickets or warnings received during the lease period or any extension thereof.
4.10 Upon OCTANE’s agent’s request, Customer shall provide the exact location of the Vehicle.
4.11 Upon OCTANE’s request, the Customer shall permit OCTANE’s agent or a third party to inspect the Vehicle.
5 . Booking requirements
5.1 Minimum booking prepayment is AED 500.
5.2 The Customer shall deposit a security deposit in the amount stated in the Chart before receiving the Vehicle (“Deposit”). The Deposit will be refunded to the Customer upon return of the Vehicle at the end of the rental following the set-off and payments under clause 6.6 of this Agreement. Notwithstanding the foregoing, the Customer may rent the Vehicle without placing the Deposit by signing the No Security Deposit Rental Terms and Conditions (which incorporated herein as a part of this Agreement) and making a non-refundable payment of AED 90.
5.3 If the Customer cancels the booking 72 Hours or more before the start of the booking period, any booking prepayment is returned to the Customer;
5.4 If the Customer cancels the booking with any time less than 72 hours before the start of the rent period, any residue of the booking prepayment will be refunded to the Customer after deduction of AED 500;
5.5 If the Customer postpones the booking (subject to OCTANE’s prior approval which may be denied in OCTANE’s absolute discretion) or reduces the period of booked rent 72 Hours or less before the start of the booking period, the Customer is liable to pay an additional charge of AED 500;
5.6 The Customer must provide original documents upon car delivery (physical documents), such as: Original Driving License, Passport, International driving license (if applicable). If Customer has a residency in UAE, customer must provide: Passport, EID, UAE driving license. Failure to provide mentioned documents will be treated as a cancellation of the rental and will result a penalty charge of AED 500.
6 . Charges and payments
6.1 All charges including the Per Day Charge are exclusive of VAT and any other taxes which shall be solely borne by the Customer.
6.2 OCTANE will charge a one-off fee of AED 150 per Lease Period for each Additional Driver listed in the Agreement. For clarity, the Customer and any additional drivers shall remain jointly and solely liable for all obligations under the Agreement. If any person other than the Customer or the Additional drivers uses the Vehicle, the Customer is liable to pay an additional charge of AED 500 for each instance of such violation.
6.3 Any extra mileage in excess of the Permitted Mileage shall be charged as agreed and noted on the first page of the Agreement.
6.4 For each Salik (or any other applicable toll tax) crossing will be charged to the Customer at the current amount. The current charge per Salik is AED 5.
6.5 All fines (including but not limited to parking and traffic fines) incurred during the Lease Period of the Vehicle will be the responsibility of the Customer and must be paid at actuals by OCTANE as and when incurred. The Customer shall immediately pay the relevant monies or OCTANE may debit such amount from the Customer’s credit card.
6.6 To the extent permitted by applicable law, Customer irrevocably and unconditionally authorize OCTANE to use the Deposit to set-off and to pay all payments due under the terms of this Agreement (including but not limited to Vehicle rental fees and any ancillary charges such as traffic fine, traffic fine supporting document, Salik or toll fees, damage, petrol, etc.).
6.7 If a Customer pays an amount exceeding the total due for the transaction, the Customer shall have the option to either:
a. Receive a refund of the overpaid amount, or
b. Retain the overpaid amount as a credit balance for subsequent rentals.
If the Customer chooses to maintain the overpaid amount as a credit balance, this balance shall be applied towards the payment for the next rental. If the Customer possesses a prepaid balance and it remains unused for rentals within one (1) year from the date of the conclusion of the last successful rental, the prepaid balance shall be forfeited and become the property of Octane.
7 . Geographical Limits
In no event, the Customer shall drive or otherwise take the Vehicle outside the geographical boundaries of the United Arab Emirates. In such an event, the Customer may without prejudice to any other rights of OCTANE under this Agreement and law, be subject to relevant criminal penalties and punishments for the illegal misappropriation of OCTANE’s property.
8 . Insurance, Restricted Activities
Insurance
Any vehicle rented from OCTANE is insured with standard insurance for regular reasonable driving on paved roads within the UAE only, therefore, any off-road activity or Restricted Activities shall not be covered by the standard insurance. Regardless of insurance coverage, the Customer shall fully indemnify OCTANE for any loss, damage, and legal actions, including reasonable attorney’s fees that OCTANE suffers due to Customer’s use of Vehicle during, including but not limited to, damage to the Vehicle, damage to the property of others, injury to Customer, and injury to others. This provision survives the expiration or termination of the T&Cs.
Restricted Activities
(a) The Restricted Activities are hereby expressly prohibited;
(b) Any other activities and usage of vehicle, including but not limited to driving under the influence of drugs and/or alcohol, pushing, pulling or towing objects, races and fun or adventure drives, rough or off roads & desert safaris, using the car on race track, teaching/learning driving, rent the vehicle to any other person, drifting, parking the vehicle in standing water, towing, etc., (“Restricted Activities”) are expressly prohibited hereby.
(c) The Customer shall be liable for all damage to the vehicle as a result of any accidents while performing any of the Restricted Activities, and in addition, in such an event, the Customer shall also pay to OCTANE a penalty of AED 2,000.
9 . General Damage, Octane Shield
9.1 Without prejudice to the provisions of this Agreement accidental damage occurred and the Customer has corresponding green card from police with marked second guilty side, the Customer may not be liable to pay for this damage;
9.2 If damage has occurred to the Vehicle and the Customer has a corresponding red card from the police or a green card without marked second guilty side, the Customer is liable to pay an additional charge (ranging from AED 1,000 to AED 8,000 depending on the type of the Vehicle). In such event, if the Customer or one of Customer’s additional drivers is below 25 years old, the Customer is liable to pay an additional charge of 10% of the damage repair cost, if the Vehicle is a sport type vehicle, the Customer is liable to pay another additional charge of 10% of the damage repair cost; In the event the Vehicle is in a total loss, the Customer undertakes to pay to OCTANE an amount up to 20% of the purchase price of the vehicle in addition to any other amounts permitted by law;
9.3 In case of any damage to the Vehicle, a police report must be obtained by the Customer, otherwise, the Customer will be held accountable for all damage and repair costs;
9.4 It may be noted that any damage to the Vehicle’s windshields, tires, wheels, tools and wheel cap is not included in the standard insurance policy and shall accordingly be borne by the Customer;
9.5 OCTANE shall in no event be responsible in any way for any other passengers in the Vehicle in any unfortunate event of any accident;
9.6 To the extent permitted by applicable law, in all cases, OCTANE is entitled to any and all compensation or monies paid in connection with damages to OCTANE Vehicle. In the event the Customer receives any such monies, the Customer agrees to hold such monies in trust on behalf of OCTANE and agrees to promptly make payment of such monies to OCTANE.
9.7 If the Vehicle is involved in an accident and the police report does not confirm that the accident was not caused by the Customer’s fault, the Customer shall pay the then-current OCTANE’s 30 plus daily rental rate for each day the vehicle is out of service for repairs.
9.8 Octane Shield
a. The Customer may purchase the additional protection, the Octane Shield to waive or further reduce the Customer’s already limited liability under the standard insurance policy, provided the Vehicle is used in accordance with the Agreement.
b. Subject to the terms and conditions of the Agreement, by purchasing the Octane Shield , the Customer is not required to pay the following custom excess liability amounts under the terms of the standard insurance policy for all incidents during the Lease Term caused by accidental damage to the Vehicle.
1)The standard excess liability amount.
2)The excess liability amount for a Vehicle that is a sports car.
3)The excess liability amount if the driver is less than 25 years old.
c. Subject to the Customer providing a valid Police Report, the Octane Shield will apply to any loss of or damage to the Vehicle, its parts, and accessories (unless caused by theft), including the following damages:
1)Tires and rims.
2)Windows and front and back glasses.
3)Side mirrors
4)Interior damage up to AED 1,000 (*does not apply to any damage caused by smoking or in case of soiling).
5)Loss of keys.
6)Cost of a tow truck in case of an accident.
d. The Octane Shield does not apply to the following damages, losses, and circumstances:
1)In case of a total loss to the Vehicle.
2)In case of theft of the Vehicle.
3)If the Customer fails to present a valid Police Report (*not required for damage to tires/rims, or interior damage up to AED 1,000).
4)If the insurance company denies an insurance claim made by the Customer.
5)If the driver involved is not the Customer or an authorized by OCTANE additional driver.
6)If the Customer (or any authorized by OCTANE additional driver) breaches this T&C and/or Agreement.
7)If the damage was caused intentionally.
8)If the Vehicle was used in any of the Restricted Activities or Restricted Use.
9)In case of putting the wrong fuel in the vehicle or otherwise contaminating the fuel.
10)If a third party sues OCTANE because of the Customer’s actions or defaults.
e. The Octane Shield Amount Limitation. Not insurance. For the avoidance of doubt, the Octane Shield is not an insurance, but rather a contractual obligation to pay for the Customer the payments in clauses 9.8 (b) and 9.8 (c) above subject to the rest terms of the Agreement.
f. The Octane Shield Priority. If the Customer is covered by another product for the same benefits as those listed here, including but not limited to any credit card travel or personal auto insurance, the Customer must first use such other product. The Octane Shield will be provided for the outstanding amount (if any) after the claim for other product(s) is completed.
g. The Octane Shield Tariffs The Octane Shield Payment is according to the cost of the Vehicle rented as indicated in the Chart and is not contingent on the length of the Lease Period.
10 . Other conditions of use
10.1 The Customer shall sue the Vehicle with reasonable care and shall not use the Vehicle to:
10.2 carry a number of people above the capacity of the Vehicle;
10.3 carry or transport a substance or material that may damage the vehicle or cause a smell that may make it undesirable for use by others;
10.4 undertake or aid and abet in any illegal or criminal act;
10.5 carry passengers for hire as taxi or carpool service in exchange of money;
10.6 sub-rent/sub-lease the Vehicle to any other person(s).
11 . Parking and impounding of Vehicle and loss of keys
11.1 The Customer is to make sure that the Vehicle is always parked in a safe and secure location and that all doors are kept always locked when the Vehicle is unattended. OCTANE shall in no event be held accountable for any loss or theft of goods belonging to the Customer or any other person from the Vehicle. The responsibility of safekeeping of any of the Customer’s or any other person’s using the Vehicle shall at all times remain on the Customer.
11.2 The Customer will be responsible for the loss of any keys and in such event will be liable to a minimum charge of AED 1,500, subject to the type of the Vehicle.
11.3 The Customer will be liable to pay OCTANE for all the impounding charges, damages and loss of any rental charges/income in the event of the Vehicle being impounded by authorities.
12 . Smoking and interior cleaning Smoking is not allowed at any time inside the Vehicle. A cleaning fee of AED 500 will be charged if the Vehicle is not returned in a reasonably clean condition.
13 . Vehicle refueling All vehicles are supplied with a full tank of fuel and should be refilled before return to OCTANE, otherwise, a charge of AED 5 per liter for any missing fuel will be charged in addition to any other charges as may be applicable to the Customer in accordance with the Agreement. For clarity, no refunds will be given for any unused fuel.
14 . General Provisions
14.1 Term of Agreement The Agreement between the Customer and OCTANE shall be valid from the date it has been signed by the Customer and shall, without prejudice to any liability of the Customer pursuant to the Agreement, expire upon return of the Vehicle as confirmed by the OCTANE’s representative. Any expiry of this Agreement shall be without prejudice to OCTANE’s rights to enforce any of its rights against the Customer.
14.2 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference (including the T&Cs) and all related exhibits, constitutes the sole and entire agreement of between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
14.3 Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each of the parties. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof.
14.4 Severability If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14.5 Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of OCTANE.
14.6 Source of Funds Declaration. The Customer warrants and confirms hereby that the source of funds for any payments under this Agreement are not derived from, or related to, any activity that is illegal or illegitimate or deemed criminal under the laws of the UAE.
15 . Limitation of OCTANE’s Liability Notwithstanding anything to the contrary expressed or implied in this Agreement, OCTANE (including its affiliates, mother company, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively)shall not be liable to the Customer for any general, indirect, or consequential damages or any economic losses of any kind, regardless of whether the liability to which such damages relate arises in contract, tort, or otherwise in law, for any injury, loss, or damage sustained by the Customer (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees) arising from this Agreement or the Customer’s use of OCTANE Vehicle.
16 . Indemnity The Customer shall indemnify and hold harmless OCTANE (including its affiliates, mother company, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, liabilities, damages, pleadings, fines, penalties, judgments, and expenses (including, without limitation, legal expenses on a lawyer and his own client basis), suffered or incurred by or brought against any or all of them, including by third parties, by reason of any act or omission of OCTANE or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Customer’s use of OCTANE Vehicles.
17 . Governing Law & Submission to Jurisdiction This Agreement is governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any claim, dispute or controversy arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of the Emirate of Dubai.
