Terms & conditions

1. Definitions

"Agreement" means these terms and conditions, the reservation confirmation, the handover checklist and any addendum we give you at pick-up. "You" or "your" means the renter named on the reservation, any person who signs this agreement, every authorised driver, and any person or organisation billed at your direction. All of them are jointly and severally bound by this agreement. "We", "our" or "us" means Car Rental Phangan Ltd. "Vehicle" means the car described in this agreement, together with its tyres, tools, accessories, keys, equipment and documents. "Physical damage" means all damage to, or loss of, the Vehicle caused by collision, upset, theft, vandalism, act of nature, hail, flood or fire. "Loss of use" means the amount calculated by multiplying the number of days from the date of the damage until the Vehicle is repaired by the applicable daily rental rate.

2. Communication

We communicate through our Facebook profile and Messenger, and on WhatsApp, Telegram and Line using the numbers shown in this agreement. You must tell us which channel you will use and inform us if it changes.

Accidents, breakdowns, warning lights and late returns must be reported on one of these channels and confirmed by phone. A message that has not been answered is not a notification.

3. The rental agreement

This agreement is a contract for the rental of the Vehicle only. We make no warranties, express, implied or statutory, regarding the Vehicle, including any warranty of merchantability or fitness for a particular purpose.

We may repossess the Vehicle at your expense, without notice, if the Vehicle is abandoned or used in breach of the law or of this agreement.

4. Area of use

Vehicles may be used on Koh Phangan only. Leaving the island for any reason or in any conditions is not permitted: no insurance and no roadside support applies outside the island, and a fine of THB 20,000 applies.

Off-road driving is prohibited, including the unpaved roads to Bottle Beach and Wai Nam. Bottle Beach, Haad Yuan and Haad Tien must not be visited in any of our cars, a 4x4 included: no track leading there is permitted, the cover in section 13 does not apply, we cannot recover a vehicle stuck on the track, and any recovery cost is charged to you.

5. Driver and age limit

• Minimum age: the driver must be at least 30 years old.
• Documents: at pick-up the driver presents an original passport and a driving licence valid in Thailand.
• Additional drivers: at no extra charge, provided each one is named in the agreement and meets the same requirements.
• Authorised use: the Vehicle may be driven only by the renter and drivers named in the agreement.

6. Fuel policy

Full to full: the Vehicle is handed over with a full tank and must be returned with a full tank. If it is returned with less fuel and we have to refuel it, we charge a service fee of THB 200 plus the cost of the fuel.

Misfuelling is never covered. If the wrong type of fuel is put in the Vehicle, the full cost of the repair is yours.

7. Smoking

Smoking tobacco, cannabis or electronic cigarettes is prohibited in all our vehicles. If the interior smells of smoke, a cleaning fee of THB 2,000 applies.

8. Passenger capacity

No passenger may travel in the cargo compartment or the cargo bed of the Toyota Hilux Revo Pre-Runner or of any other pickup at any time. The number of passengers must never exceed the number of seat belts.

9. Condition, maintenance and return

Return the Vehicle to our rental office or another place we specify, on the date and time in this agreement, in the same condition you received it, except for ordinary wear. Service to the Vehicle, or replacement of parts or accessories during the rental, requires our prior approval.

You do not need to check, top up or maintain any fluid levels. Instead, if a warning light comes on, if the Vehicle feels different to drive (braking, steering, vibration, pulling to one side or an unusual noise), or if you notice a leak or a smell of fuel: stop in a safe place and call us. Do not continue driving. Damage caused by driving on with a warning light or with a known fault is not covered.

10. Late return

We allow a grace period of one hour after the agreed return time. There is no hourly late-return charge: up to six hours after the agreed time you pay nothing extra, and once the delay passes six hours the full daily rate applies for each further day.

Tell us in advance if you will be late. Where the schedule allows, we extend the rental instead of charging for a late return.

11. Prices, payment and deposit

• Currency: all prices are in Thai Baht (THB) and include the services listed in the price breakdown of your reservation.
• Cash, Thai bank transfer, Wise to Wise: no surcharge on the rental and no commission on the deposit.
• Credit or debit card: a 3.7% surcharge applies to any amount paid by card.
• Wise to a Thai bank: a small transfer fee applies and the security deposit cannot be held this way.
• Security deposit: THB 12,000 to THB 30,000 at handover, depending on the car and the protection plan chosen.

The deposit is returned after the Vehicle is checked in. When the deposit is held on a card, the hold is released within 15 days, depending on your bank. We may use the deposit to settle any amount owed to us under this agreement, and by signing you accept this. The deposit is set higher than the deductible of the protection plan because cover can be voided; where it is void, your liability extends to the whole deposit.

12. Cancellation and changes

Cancelling a reservation is free of charge at any time before pick-up. No cancellation fee is charged and no penalty applies. Date changes are free, subject to availability.

13. Insurance and protection

• Compulsory insurance: every vehicle carries the insurance required by Thai law, with limits of up to THB 504,000 for personal injury and up to THB 5,000,000 for damage to third-party property. Any amount above those limits is your responsibility.
• Optional protection plan: reduces your responsibility for damage to the rented Vehicle. Where the plan applies, your out-of-pocket cost is capped at a maximum of THB 6,000: a THB 5,000 deductible plus a THB 1,000 administrative fee. This is the most you pay for damage to the rented Vehicle.
• Covered events: damage to the Vehicle caused by theft, vandalism, fire, flood or other natural events is covered, provided the Vehicle was parked and locked. Theft of the whole Vehicle is covered in full, without deductible. Damage to the engine caused by a covered flood is covered.
• Negligence: any negligent act or omission on your part voids the protection plan. Where cover is void, you pay for the damage yourself, up to the amount of the security deposit held for your rental.
• Not at fault: if you provide the details of every party involved (photos, the other vehicle and driver, and a police report where required), you pay nothing.
• At the scene: stay at the scene, make sure all involved parties are present, take photos and collect their details. Failing to provide this information does not release you from financial responsibility.

The THB 6,000 cap applies to damage to the rented Vehicle, except for the theft of the whole Vehicle, which is covered in full. Liability towards third parties follows the compulsory insurance limits above.

14. What the insurance does not cover

The protection does not cover the entire car. Among other things, it does not cover:

• the engine, except where the damage is caused by a covered event such as flood
• tyres
• lost car keys
• damage to extras, such as GPS units or booster and child seats
• the repatriation of the Vehicle to an authorised workshop
• anything left inside the Vehicle
• the interior of the Vehicle, except where it is damaged by a covered event such as fire, theft or vandalism

In addition, no cover applies and the renter is fully liable for: any negligent act or omission; damage while driving under the influence of alcohol or drugs; damage from off-road or unauthorised terrain; driving into water, a flooded road, a stream, a beach or the sea; damage from misfuelling or from driving on with a warning light illuminated; interior damage from use such as excessive stains, tears or burns from smoking; loss or theft of personal belongings left in the Vehicle; and fees for lost or damaged keys or vehicle documents.

15. Responsibility for damage and reporting

You are responsible for all damage to, or loss of, the Vehicle, loss of use while it is being repaired, any reduction in its value caused by the damage or the repair, missing equipment, and all administrative costs we incur because of it, whether or not you are at fault, unless the law limits that responsibility or the damage is covered by the protection plan.

Inspect the Vehicle at handover together with our staff and sign the checklist. Any damage that is not on the checklist must be reported to us within the first hour of the rental, with photos. After that first hour, damage that appears during the rental is treated as having occurred during your rental and is your responsibility, unless you can show that it was already there.

Report every accident to us immediately, and every theft or act of vandalism to the police as soon as you discover it. In case of injury, contact the tourist police on 1155.

16. Charges

You will pay us on demand for all charges due under this agreement that the law allows, including:

• rental time and usage for the period you keep the Vehicle
• optional services you choose
• applicable sales, use and other taxes
• damage to or loss of the Vehicle, calculated as the cost of repair or, where the Vehicle cannot be repaired, as its retail value on the date of loss using valuation methods accepted by the insurance industry, plus loss of use, any reduction in value and our administrative fee for handling the claim
• all fines, penalties, court costs, towing charges and other expenses involving the Vehicle during your rental, unless they are our fault
• all costs of locating and recovering the Vehicle if you fail to return it or if we repossess it under this agreement
• all costs of collecting payment or otherwise enforcing our rights, including pre- and post-judgment legal fees
• a late payment fee of 2% per month, or the highest amount allowed by law if lower, on all overdue amounts
• interest of 1.5% per month, or the maximum allowed by law, on amounts due but unpaid at the return of the Vehicle
• THB 1,500 if the Vehicle is returned heavily soiled and needs deep cleaning
• THB 7,000 for a lost or damaged key, plus the cost of replacing locks where needed
• THB 1,000 for lost or damaged vehicle documents (registration book or insurance card)
• the refuelling service fee set out in section 6
• for damage covered by the protection plan, your liability is limited to the cap in section 13; where cover is void, it is limited to the amount of the security deposit held for your rental

17. Breach of agreement

If you breach this agreement, you are liable for all damage to, or loss of, the Vehicle caused by that breach, unless the law provides otherwise. We may terminate the contract unilaterally and repossess the Vehicle in the event of wrongdoing or of damage caused knowingly, for example: using the Vehicle for an activity prohibited by law, driving while intoxicated or under the influence of narcotics, failing to protect the Vehicle from damage, or damaging it deliberately.

18. Acts that void all cover

All coverage is void if any of the following occurs:

• (a) the Vehicle is driven by an unauthorised driver
• (b) any provision of this agreement is violated while driving
• (c) driving while intoxicated or under the influence of drugs, alcohol or other substances that impair driving
• (d) reckless driving, including driving off regularly maintained roads, carrying hazardous or explosive substances or hazardous waste, loading beyond the maximum payload, driving where there is insufficient clearance, or improper loading
• (e) carrying more passengers than there are seat belts, or carrying passengers outside the passenger compartment
• (f) using the Vehicle to take part in or assist any activity that breaks a law, rule or regulation
• (g) using the Vehicle to carry persons or property for hire
• (h) using the Vehicle in an organised or any other speed contest
• (i) using the Vehicle to tow or push another vehicle, a trailer or any other object
• (j) obtaining the Vehicle using false or misleading information
• (k) driving the Vehicle outside Koh Phangan
• (l) leaving the Vehicle without removing the keys or without closing and locking all doors, windows and the boot, and the Vehicle is then stolen
• (m) driving the Vehicle into water, including a flooded road, a stream, a beach or the sea
• (n) any negligent act or omission in the use or care of the Vehicle

19. Modifications

No term of this agreement can be waived or modified except in a writing that we have signed. If you wish to extend the rental, return the Vehicle to our rental office for inspection and a written amendment of the return date and time.

20. General

No waiver by us of one breach constitutes a waiver of any other breach or of the performance of your obligations. Unless prohibited by law, you release us from liability for consequential, special or punitive damages in connection with this rental. If any provision is found to be void or unenforceable, the remaining provisions stay in force. This agreement is the entire agreement between us and replaces all earlier representations and agreements.

This agreement is governed by the law of Thailand, and the courts of Surat Thani province have jurisdiction.

You accept this agreement by confirming the reservation and signing the handover checklist. The version you accepted is stored with your reservation.