Common use of Customer Liability Clause in Contracts

Customer Liability. 11.1. If multiple persons are described as the Customer in the Rental Agreement, each person is jointly and severally liable for all Fees, charges, fines and other obligations pursuant to the Rental Agreement. 11.2. Subject to clause 11.4, the Customer is liable to KIT for and indemnifies KIT against: › Any loss of, or damage to, the Camper. › Any consequential damage, loss or costs incurred by KIT, including salvage costs, loss of ability to re-hire the Camper and any loss of revenue. › Any loss of, or damage to, the Camper and/or property of third parties arising from the use or misuse of the Camper by the Customer, any Authorised Drivers, any person whom the Customer permits or allows to drive the Camper, any invitee of the Customer or passengers in the Camper during the Rental Term, to the extent that such loss, damage or costs have been caused by or contributed to by the Customer, any Authorised Driver, any person the Customer permits or allows to drive the Camper, any invitee of the Customer or any passenger in the Camper, provided that the Customer’s liability may be reduced to the amount of the relevant Excess Reduction Cover (as described below) in respect of an incident subject to the terms and conditions of the Rental Agreement. › Subject to clause 9.4, the Customer agrees to release and indemnify KIT from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Customer may suffer or incur or become liable for as a result of any use of the Camper in breach of this Agreement, any reckless or negligent act, error or omission of the Customer, any Authorised Driver, invitee of the Customer or passenger in the Camper or any misuse of the Camper by the Customer during the Term of Hire. 11.3. Notwithstanding any provision to the contrary, the Customer is not liable to KIT for any loss to the extent it is caused by KIT (for example, through KIT’s negligence or breach of contract). 11.4. This clause 11 shall survive termination of the Rental Agreement.