These General Terms and Conditions are an integral part of the Vehicle Lease Agreement executed between the Customer and BROOKLANDS 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

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 BROOKLANDS (Vehicle Lease Agreement) including these T&Cs, and the Chart stipulated in BROOKLANDS’s website as amended from time to time.

Chart means the chart containing the fees of the Vehicle lease stipulated in BROOKLANDS’s website www.brooklands.rent.

Additional Drivers means any additional drivers nominated by the Customer in the Agreement.

Customer           means the customer who has entered into the Agreement with BROOKLANDS 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 BROOKLANDS. 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 Activities/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:

1. For the UAE nationals, a Driving License, issued by the relevant traffic authorities in the UAE;
2. 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;
3. For Chinese nationals, a Driving License in any other language (including Chinese), shall be accompanied by its notarized English translation;
4. 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;

1. 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 BROOKLANDS 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.

1.2          unless the context otherwise requires:

(a)          words in the singular shall in

(b)          clude the plural and vice-versa;

(c)          words in the masculine shall include the feminine; and

(d)          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 BROOKLANDS and stop using the Vehicle with immediate effect.

The Chart

2.3          The customer acknowledges that he has read and will abide by the schedule stipulated in BROOKLANDS website (www.brooklands.rent), which is an integral part of the agreement and is read with it.

2.4          Without prejudice to (4.5) below, any extension not agreed upon with BROOKLANDS is considered a new lease period for the vehicle, according to what is stipulated in the schedule.

2.5          Along with any other restrictions stipulated in the Chart, available on BROOKLANDS’s website, the Customer undertakes to abide/comply with the age restrictions therein (as mentioned in the chart)

NOTE: any of the charges reflecting in the above Tariff may at any time be changed or increased by BROOKLANDS in its absolute discretion.

1. 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 BROOKLANDS.

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 BROOKLANDS 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 BROOKLANDS 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 BROOKLANDS at which time the Vehicle will be inspected by the BROOKLANDS’s representative before accepting its return.

3. Rental Period, Return Policy and Extension

4.1          Per Day Charges for the Vehicle are on a twenty-four (24) hour basis;

4.2          A grace period of 2 hours is accepted on the return date. Any delay of more than two hours the Customer agrees to pay to BROOKLANDS a late charge of 1000 AED. Such a charges shall not permit the Customer to use the Vehicle;

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 BROOKLANDS may be subject to additional charges, determined in the sole discretion of BROOKLANDS. The Customer shall confirm such additional charges beforehand with the relevant BROOKLANDS representative failing which the Customer shall be obliged to pay any such cost as levied by BROOKLANDS 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 BROOKLANDS at its customer service WhatsApp number  +971 52 193 8888 or at info@brooklands.rent  from the Email of the Customer stated in the Agreement.  Such a request is subject to the acceptance and refusal of BROOKLANDS at its own discretion. Hence the Agreement may not be extended unless BROOKLANDS’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          BROOKLANDS 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 BROOKLANDS. In such event the Customer shall cooperate with BROOKLANDS and return the Vehicle by accepting a replacement vehicle from BROOKLANDS (a replacement vehicle may be temporary until BROOKLANDS arranges for the Vehicle of same model and type as the one that has been replaced.

4.7          BROOKLANDS 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 BROOKLANDS’s request for return of the Vehicle, BROOKLANDS 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 BROOKLANDS of any kind of traffic or driving fines, tickets or warnings received during the lease period or any extension thereof.

4.10       Upon BROOKLANDS’s agent’s request, Customer shall provide the exact location of the Vehicle.

4.11       Upon BROOKLANDS’s request, the Customer shall permit BROOKLANDS’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 above before receiving the Vehicle. The deposit will be kept by BROOKLANDS for 30 calendar days after the check-in date to accommodate for fines and any additional charges incurred by the Customer in accordance with the terms of this Agreement;

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 BROOKLANDS’s prior approval which may be denied in BROOKLANDS’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 500 AED

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 500 AED

5. 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          BROOKLANDS 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.

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 BROOKLANDS as and when incurred. The Customer shall immediately pay the relevant monies or BROOKLANDS may debit such amount from the Customer’s credit card.

6.6          To the extent permitted by applicable law, Customer irrevocably and unconditionally authorize BROOKLANDS to charge and/or debit the Customer’s credit card and/or the deposit amount in BROOKLANDS’s possession and/or through any payment means including but not limited to cash payments for 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 fee, damage, petrol, etc.).

6. 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 BROOKLANDS under this Agreement and law, be subject to relevant criminal penalties and punishments for the illegal misappropriation of BROOKLANDS’s property.

7. Insurance, Restricted Activities and General Damage

Insurance

Any vehicle rented from BROOKLANDS 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 insurance provided by BROOKLANDS.

Regardless of insurance coverage, the Customer shall fully indemnify BROOKLANDS for any loss, damage, and legal actions, including reasonable attorney’s fees that BROOKLANDS 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 BROOKLANDS a penalty of AED 25000.

8. Other conditions of use

9.1          The Customer shall sue the Vehicle with reasonable care and shall not use the Vehicle to:

9.2          carry a number of people above the capacity of the Vehicle;

9.3          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;

9.4          undertake or aid and abet in any illegal or criminal act;

9.5          carry passengers for hire as taxi or carpool service in exchange of money;

9.6          sub-rent/sub-lease the Vehicle to any other person(s).

9. General Damage

(a)          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;

(b)          If a damage has occurred to Vehicle and the Customer has corresponding red card from police or green card without marked second guilty side, the Customer is liable to pay an additional charge (ranging from AED 1000 to AED 8000 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 BROOKLANDS an amount up to 20% of the purchase price of the vehicle in addition to any other amounts permitted by law.

(c)          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;

(d)          It may be noted that any damage to the Vehicle’s the windshields, tires, wheels, tools and wheel cap is not included in the insurance provided by BROOKLANDS and shall accordingly be borne by the Customer;

(e)          BROOKLANDS shall in no event be responsible in any way for any other passengers in the Vehicle in any unfortunate event of any accident;and

(f)           To the extent permitted by applicable law, in all cases, BROOKLANDS is entitled to any and all compensation or monies paid in connection with damages to BROOKLANDS Vehicle. In the event the Customer receives any such monies, the Customer agrees to hold such monies in trust on behalf of BROOKLANDS and agrees to promptly make payment of such monies to BROOKLANDS.

(g)          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 BROOKLANDS’s 30 plus daily rental rate for each day the vehicle is out of service for repairs.

10. 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.  BROOKLANDS 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 1500, subject to the type of the Vehicle.

11.3       The Customer will be liable to pay BROOKLANDS for all the impounding charges, damages and loss of any rental charges/income in the event of the Vehicle being impounded by authorities.

11. 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.

12. Vehicle refueling

All vehicles are supplied with a full tank of fuel and should be refilled before return to BROOKLANDS, 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.

13. General Provisions

14.1       Term of Agreement The Agreement between the Customer and BROOKLANDS 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 BROOKLANDS’s representative. Any expiry of this Agreement shall be without prejudice to BROOKLANDS’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 BROOKLANDS

14. Limitation of BROOKLANDS’s Liability

Notwithstanding anything to the contrary expressed or implied in this Agreement, BROOKLANDS (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 BROOKLANDS Vehicle.

16. Indemnity

The Customer shall indemnify and hold harmless BROOKLANDS (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 BROOKLANDS or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Customer’s use of BROOKLANDS 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.