Terms & Conditions

"Agreement" means all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the Shaka Waikiki Car Rental named on Page 1.

"Authorized Driver" means you, any additional driver approved by us and listed by us on this Agreement, and any other driver authorized by the law of the State of Hawaii, provided that person has a valid driver's license and, unless the law of this state requires otherwise, is at least 21 years of age.

"Vehicle" means the automobile or truck identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. "CDW" means Collision Damage Waiver. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repaired times the corresponding period rental rate, unless otherwise provided by law.

This Agreement is a contract for the rental of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, including any warranty of merchantability or that the Vehicle is fit for a particular purpose. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of the Agreement.

You must return the Vehicle to our rental office or other location we specify, in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels.

Pickup: Staffed pickup is available daily from 8:00 AM to 2:00 PM Hawaii Standard Time at our Hilton Waikiki Beach location. If you wish to pick up earlier than 8:00 AM, you must contact us directly in advance to coordinate that pickup. Earlier pickups are not guaranteed and are not available through online booking alone.

Return deadline: All rentals are due no later than 6:00 AM Hawaii Standard Time on the return date shown on this Agreement (the last day of your rental), regardless of your pickup time. For a one-day rental, if you pick up on a given day, the Vehicle is due by 6:00 AM the following morning. For multi-day rentals, the Vehicle remains due by 6:00 AM on the final return date only.

After-hours returns may be completed at the designated drop/valet location we specify, but an after-hours drop does not extend the 6:00 AM due time. Returning more than 60 minutes after 6:00 AM on the return date may result in additional rental charges.

You are responsible for all damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is repaired, diminishing of the Vehicle's value caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, regardless of whether or not you are at fault, unless this responsibility is otherwise limited by law. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the Vehicle to us within 24 hours of occurrence.

If you accept and pay for CDW and if CDW is not voided, we waive our right to collect from you for physical damage to the Vehicle. You must pay for CDW when you return the Vehicle or when the rental is terminated in order for it to be effective. CDW is not insurance. CDW is void if:

You are responsible for all damage or loss you cause to others. You agree to provide auto liability insurance covering you, us and the Vehicle. If you have auto liability insurance, we provide no liability insurance. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance, excess to any insurance you may have, under a policy of insurance (the "Policy").

The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. The Policy provides uninsured/underinsured motorist coverage only in states where such coverage is mandated by law; in states where not required, you and we reject PIP, no-fault and uninsured or underinsured motorist coverage. Coverage applies only in the continental United States.

Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are in excess of, or excluded from, the protection provided you, if any, under the Policy.

You will pay us on demand for all charges due us under this Agreement that are allowed by law, including, but not limited to:

We may use your deposit to pay any amounts owed to us under this Agreement.

You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

The acts listed in the Collision Damage Waiver section, above, are breaches of this Agreement. If you breach this Agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law.

No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date.

No waiver by us of any breach of this Agreement will constitute a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement will not constitute a waiver of any other provision of this Agreement.

Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.

Customer agrees that it is renting this vehicle from Shaka Waikiki Car Rental only. In no event shall customer have any claim against Shaka Waikiki Car Rental, and customer hereby releases and forever discharges Shaka Waikiki Car Rental, Inc. from any and all liability in connection with its rental from Shaka Waikiki Car Rental.