Terms & Conditions
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Lease Terms and Conditions
Effective Date: April 9, 2026
These Terms and Conditions ("Terms") govern your vehicle lease with Drive Aloha, operated by Aloha Auto Depot LLC ("Drive Aloha"), located at 744 Ala Moana Blvd, Honolulu, HI 96813. By signing the Lease Agreement, you ("Lessee") agree to be bound by these Terms in full. Drive Aloha retains ownership of the Leased Vehicle at all times. These Terms are governed by applicable Hawaii law including HRS Chapter 481, HRS Chapter 437, and HRS Chapter 286.
All monthly payments include Hawaii General Excise Tax at 4.712% (Oahu). The down payment is due in full at signing and is non-refundable under all circumstances.
2. Definitions
2.1 "Lease Agreement" means the signed contract between Drive Aloha and the Lessee setting forth the specific vehicle, tier, term, down payment, monthly payment, mileage allowance, and all applicable terms.
2.2 "Leased Vehicle" means the specific vehicle assigned to the Lessee under the Lease Agreement.
2.3 "Lease Term" means the fixed period of 12 or 24 months commencing on the vehicle delivery date.
2.4 "Down Payment" means the non-refundable amount paid by the Lessee at signing as stated in the Lease Agreement.
2.5 "Monthly Payment" means the fixed all-inclusive monthly lease payment due on the first of each calendar month throughout the Lease Term.
2.6 "Mileage Allowance" means 1,000 miles per month, totaling 12,000 miles for a 12-month term or 24,000 miles for a 24-month term.
2.7 "Excess Mileage Charge" means the per-mile charge applied to every mile driven above the total Mileage Allowance at lease end.
3. Down Payment
3.1 The down payment stated in the Lease Agreement is due in full on the date of signing, before the Leased Vehicle is delivered.
3.2 The down payment is fully earned by Drive Aloha upon receipt and is non-refundable under all circumstances, including early termination, default, total loss, or voluntary return.
3.3 The down payment is not a security deposit and will not be applied toward any purchase of the Leased Vehicle.
3.1 Rate Lock. The monthly rate is fixed for the full duration of the selected Term after signing. No changes apply mid-term.
3.2 Rate Adjustments at Renewal. Drive Aloha reserves the right to adjust base rates at renewal upon 30 days' written notice.
3.3 Example calculations. Silver at 12-month base: $499/mo. Same member on 24-month term: $499 x 0.88 = $439/mo. Same member on 1-month term: $499 x 1.20 = $599/mo.
4. Monthly Payments and Billing
4.1 Monthly payments are due on the first of each calendar month and collected by automatic ACH bank draft or debit card. A valid payment method must be maintained at all times.
4.2 Credit card payments are accepted subject to a 3% processing surcharge.
4.3 A $35 returned payment fee applies to any failed payment. The Lessee has 5 business days to cure a failed payment. Failure to cure within 10 business days constitutes a default.
4.4 Upon default, Drive Aloha may accelerate all remaining payments, retrieve the Leased Vehicle without further notice, and pursue collection of all outstanding amounts including attorneys' fees as permitted by Hawaii law.
5. What Is Included in the Monthly Payment
The following are included in the monthly payment at every tier:
- All routine scheduled maintenance — oil changes, filter replacements, tire rotations, and manufacturer-recommended service intervals
- Hawaii vehicle registration for the Lease Term
- Hawaii State safety inspection certification per HRS Section 286-25
- Telematics OBD device installation, activation, and live mileage monitoring
- Interior and exterior protection treatment applied at delivery
- Automated mileage alerts at 80% of monthly allowance
- Hawaii General Excise Tax (4.712% Oahu)
The following are NOT included and are the Lessee's sole responsibility:
-
Fuel — vehicle returned with at least the fuel level present at delivery
- Comprehensive and collision automobile insurance — carried independently by the Lessee throughout the Lease Term
- Parking citations, traffic violations, toll charges, and impound fees
- Damage to the Leased Vehicle beyond normal wear and tear
- Excess mileage charges above the total Mileage Allowance
6. Mileage
6.1 The Mileage Allowance is 1,000 miles per month. Total mileage allowance for the full Lease Term: 12,000 miles (12-month lease) or 24,000 miles (24-month lease). Mileage is measured from odometer reading at delivery to odometer reading at return.
6.2 Excess mileage charges apply to every mile above the total Mileage Allowance at lease end: Silver $0.25/mi; Gold $0.22/mi; Platinum $0.20/mi; Ultra $0.18/mi. Excess mileage is calculated at lease termination and billed separately.
6.3 A telematics OBD device is installed in the Leased Vehicle at delivery. Device data constitutes the authoritative and binding record for all mileage calculations. Tampering with or disabling the device is a material breach of this Agreement.
6.4 The Lessee will receive an automated alert when monthly mileage reaches 80% of the 1,000-mile monthly allowance.
7. Insurance
7.1 The Lessee must maintain throughout the Lease Term: (a) Hawaii statutory minimum liability coverage per HRS Section 431:10C-301; (b) comprehensive coverage with a maximum $1,000 deductible; (c) collision coverage with a maximum $1,000 deductible; and (d) uninsured and underinsured motorist coverage.
7.2 Drive Aloha / Aloha Auto Depot LLC must be listed as additional insured and loss payee on the Lessee's comprehensive and collision policy. A current certificate of insurance must be provided before vehicle delivery and updated on any policy change or renewal.
7.3 Allowing insurance coverage to lapse is a material breach. Drive Aloha may immediately pursue remedies upon discovery of any lapse.
7.4 In the event of any accident or covered loss, the Lessee must: (a) notify Drive Aloha within 24 hours; (b) file a police report where required by law; (c) cooperate with Drive Aloha and the insurer; and (d) not admit liability on behalf of Drive Aloha.
7.5 An optional dealer protection add-on is available at signing for an additional monthly fee. Details provided by your Drive Aloha advisor.
8. Vehicle Use
8.1 Permitted use: lawful personal or business transportation within the State of Hawaii and the continental United States. Inter-island transport requires prior written consent from Drive Aloha.
8.2 The following constitute a material breach: (a) use in any race, competition, or exhibition; (b) transport for hire without prior written consent; (c) operation while impaired by alcohol, drugs, or medication; (d) operation by any person not listed as an authorized driver; (e) any illegal purpose; (f) off-road use beyond the manufacturer's specifications; (g) transport outside the United States without prior written consent.
8.3 No modifications to the Leased Vehicle without Drive Aloha's prior written consent. Unauthorized modifications must be reversed at the Lessee's expense prior to vehicle return.
8.4 The Lessee is solely responsible for all fuel costs, parking citations, traffic violations, toll charges, and impound fees incurred during the Lease Term.
9. Maintenance Obligations
9.1 Drive Aloha covers all routine scheduled maintenance during the Lease Term as described in Section 5. The Lessee must present the Leased Vehicle for scheduled maintenance when notified by Drive Aloha.
9.2 The Lessee must monitor fluid levels between service appointments and report any warning lights or mechanical concerns to Drive Aloha promptly.
9.3 The Lessee must not authorize third-party repairs or service without prior written approval from Drive Aloha.
9.4 Repairs arising from the Lessee's negligence, abuse, accident damage, or unauthorized use are the Lessee's sole financial responsibility.
10. Early Termination
10.1 The Lease Agreement is a fixed-term contract. The Lessee does not have the right to terminate the lease early without financial consequence.
10.2 If the Lessee requests early termination, Drive Aloha may, at its sole discretion, agree to an early termination. The Lessee will be responsible for: (a) all monthly payments remaining in the Lease Term; (b) any excess mileage charges; (c) any damage charges beyond normal wear; and (d) an early termination fee equal to two months' monthly payment.
10.3 The down payment is non-refundable under any early termination scenario.
10.4 Drive Aloha may terminate the lease immediately upon: (a) default in payment; (b) material breach of any term; (c) insurance lapse; (d) fraudulent misrepresentation at signing; (e) prohibited vehicle use; or (f) abandonment of the vehicle. Upon termination by Drive Aloha, all remaining payments become immediately due.
11. Vehicle Return and Condition
11.1 The Lessee must return the Leased Vehicle to Drive Aloha at the address stated in the Lease Agreement on or before the last day of the Lease Term, during regular business hours, with at least the fuel level present at delivery.
11.2 The vehicle must be returned in clean condition consistent with normal wear and tear. A written condition report is provided to the Lessee at delivery and serves as the baseline for the return inspection.
11.3 Normal wear and tear includes minor interior wear, light stone chips on painted surfaces, minor wheel scuffs, and tire wear within manufacturer specifications.
11.4 The Lessee is financially responsible for damage beyond normal wear, including but not limited to: dents, deep scratches, cracked or broken glass, interior staining or burns, wheel and tire impact damage, and mechanical damage caused by negligence or misuse.
11.5 Drive Aloha will conduct a joint inspection with the Lessee present at the time of return. The Lessee will sign a written acknowledgment of the vehicle's return condition.
11.6 Failure to return the vehicle on the lease termination date constitutes a default. Drive Aloha may charge the monthly rate on a pro-rated daily basis for each day the vehicle is held beyond the return date, and may retrieve the vehicle without further notice.
12. Purchase Opportunity at Lease End
At or near the end of the Lease Term, Drive Aloha may offer the Lessee the opportunity to purchase the Leased Vehicle through a separate standalone sales transaction. This offer is made at Drive Aloha's sole discretion and does not constitute a contractual right under this Agreement. There is no pre-agreed purchase price. If an offer is made, the terms will be presented separately. Lessees interested in purchasing their vehicle are encouraged to notify their Drive Aloha advisor at least 30 days before lease end.
13. Telematics Device and Privacy
13.1 A telematics OBD device is installed in the Leased Vehicle at delivery. This device transmits live odometer and location data to the Drive Aloha platform for purposes of mileage tracking, vehicle management, and lease compliance.
13.2 The Lessee expressly consents to the collection of location and usage data by the telematics device as a condition of this lease. This consent is disclosed at signing and incorporated by reference into the Lease Agreement.
13.3 Drive Aloha does not sell or share telematics data with third parties for marketing purposes. Data practices comply with HRS Chapter 487N and applicable Hawaii privacy law.
13.4 Tampering with, disabling, or removing the telematics device is a material breach of this Agreement and may result in immediate termination.
14. Authorized Drivers
Only persons listed as authorized drivers in the Lease Agreement are permitted to operate the Leased Vehicle. The Lessee may request the addition of an authorized driver at any time by written notice to Drive Aloha. Operation by any unlisted person is a material breach of this Agreement and may void insurance coverage
15. Total Loss
If the Leased Vehicle is declared a total loss by the Lessee's insurer, the Lessee must notify Drive Aloha immediately. The insurance proceeds will be paid directly to Drive Aloha as loss payee. If proceeds are insufficient to cover Drive Aloha's interest in the vehicle, the Lessee is responsible for the deficiency. The lease terminates upon receipt of total loss insurance proceeds, subject to any outstanding amounts owed by the Lessee.
16. Limitation of Liability
16.1 To the maximum extent permitted by Hawaii law, Drive Aloha shall not be liable for indirect, incidental, consequential, or punitive damages arising from this lease.
16.2 Drive Aloha's aggregate liability to any Lessee shall not exceed the total monthly payments made in the three months preceding the claim.
16.3 The Lessee agrees to defend, indemnify, and hold harmless Drive Aloha, Aloha Auto Depot LLC, and their respective officers, employees, and agents from any and all claims, losses, liabilities, and expenses arising from the Lessee's use of the Leased Vehicle, breach of this Agreement, or violation of applicable law.
17. Dispute Resolution
17.1 This Agreement is governed by the laws of the State of Hawaii without regard to conflict-of-law provisions.
17.2 The parties agree to attempt good-faith informal resolution of any dispute before initiating formal proceedings.
17.3 Unresolved disputes shall be submitted to non-binding mediation in Honolulu, Hawaii before litigation.
17.4 All litigation shall be brought exclusively in state or federal courts located in Honolulu, Hawaii.
17.5 TO THE EXTENT PERMITTED BY HAWAII LAW, THE PARTIES VOLUNTARILY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER THIS AGREEMENT.
17.6 Nothing in this Section waives any rights the Lessee may have under HRS Chapter 481A, HRS Chapter 480, or any other applicable Hawaii consumer protection statute.
18. General Provisions
18.1 These Terms and the Lease Agreement constitute the entire agreement between the parties and supersede all prior representations, understandings, and negotiations.
18.2 Drive Aloha may amend these Terms upon 30 days' written notice to active Lessees. Continued lease participation constitutes acceptance.
18.3 If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
18.4 Notices delivered by email, through the Drive Aloha member portal, or by certified mail to 744 Ala Moana Blvd, Honolulu, HI 96813.
18.5 Drive Aloha may assign this Agreement to any successor entity or lender without the Lessee's consent. The Lessee may not assign any rights or obligations under this Agreement.
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