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Terms & Conditions

Rental Agreement Terms and Conditions

We hereby rent to you the Vehicle described on Page 1 (the “Vehicle”), subject to all the terms and conditions of this Rental Agreement (the “Agreement”). For the avoidance of doubt, this Agreement is comprised of Page 1 and Page 2 and any addenda attached by us hereto and the terms and conditions contained therein. The words “you”, “your”, “yours” mean the Customer identified on Page 1 and all Authorized Drivers. “We”, “us”, and “our” means the Dealership identified on Page 1.

1. Authorized Drivers. The vehicle shall be operated or driven only by and Authorized Driver. “Authorized Driver” means each of the following persons who is a licensed driver: (a) the Customer; (b) any person listed by us on Page 1 as an Additional Driver; (c) the Customer’s spouse; (d) the Customer’s employer or co-worker if engaged in a business activity with the Customer, or (e) any person who operates the Vehicle in an emergency or while parking at a commercial establishment. The Customer’s spouse must be at least age 18. All other Authorized Drivers must be at least age 21. Customer agrees to inform all Authorized Drivers of the terms and conditions of this Agreement.

2. Prohibited Uses. The Vehicle shall NOT be operated or driven by anyone: (a) who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended; (b) under the influence of drugs or alcohol in violation of law; (c) who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information; (d) for an illegal purpose or in the commission of a crime; (e) to carry persons or property for hire; (f) to tow or push anything; (g) in a race or speed contest; (h) to teach anyone to drive; (i) more than 100 miles per day, or outside the geographic area described elsewhere in this Agreement, if any; (j) on an unpaved surface; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect you to know that further operation of the Vehicle would damage it; (m) who lacks experience driving a vehicle with manual transmission (if applicable); (n) to transport an animal (other than a service animal); (o) to carry more passengers than the number of existing seatbelts; (p) sending or reading an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (q) who is not an Authorized Driver. Smoking is prohibited in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND MAY VOID YOUR LIABILITY COVERAGE AND SHALL VOID ANY OTHER INSURANCE COVERAGE PROVIDED BY US (WHERE PERMITTED BY LAW).

3. Indemnity: Limitation of Liability and Warranties. 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 agree to indemnify, defend, and hold us harmless from all claims, liability, costs and attorney’s fees we incur resulting from or arising out of this Agreement or your use of the Vehicle. You release us from any liability for consequential, special, or punitive damages in connection with this rental. You take possession of the Vehicle and any optional accessories “as is,” and we make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

4. Inspection: Condition and Return of Vehicle. You must return the Vehicle to our office on the date and time specified on Page 1 with at least as much fuel as when rented, unless we offer, and you purchase, pre-paid fuel. You will check and maintain Vehicle fluid levels. The total period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us (the “Rental Period”) may not exceed 30 days under any circumstances. You may extend the Rental Period for up to one week if you obtain our consent before the date due, and we may require you to return the Vehicle to our rental office for inspection. The Vehicle must be returned in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damage to or loss of it until we inspect it on reopening for business, and all Charges may continue to accrue. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect the Vehicle during this rental.

5. Responsibility for Damage or Loss: Reporting to Police. You are responsible for all damage to, or loss of, the Vehicle caused by casualty or collision, whether or not you are at fault. Your responsibility shall include: (a) all physical and mechanical damage to the Vehicle measured as follows: (1) if we determine that the Vehicle calculated in accordance with law, less salvage value; (2) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) an administrative fee, calculated in accordance fees, collection fees, and costs whether or not litigation is commenced. You are responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if you fall to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery.

6. Insurance. You are responsible for all damage or loss you cause to others. You agree to maintain automobile insurance during the term of this rental agreement which provides to the owner, to us, and to you, the following primary coverage: (a) bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) uninsured/underinsured (“UM”/ “UIM”) coverage where required, and (d) comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the rental occurs. Where permitted by law, by signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverages. Where we are required to provide such coverage, you hereby select the minimum limits required by law. Because you are providing auto insurance, we are not. In states where the law requires us to provide insurance, your insurance will be primary. Any insurance we are required to provide applies only to claims of accidental BI and PD resulting from the use of the auto, and is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. Our insurance policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You agree to cooperate with our insurer if any claim is made, and give us immediate notice of damage, claim, or lawsuit against you. Our insurance applies only in the United States and Canada. Engaging in a Prohibited Use described in paragraph 2 or any other material breach of this Agreement will void any insurance coverage provided by Us.

7. Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve to pay all fees and charges that are incurred under the Agreement (“Charges”). We will authorize the release of any excess reserve upon the completion of your rental. Your payment card issuer’s rules will apply to your credit line or account being credited for the excess, which may not be immediately released by your card issuer. You will pay us all Charges, including: (a) taxes and surcharges; (b) a return check fee if you pay us with a check returned unpaid; (c) all expenses we incur recovering the Vehicle if it is not returned to the renting location on the date and time promised; (d) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a late fee on all Charges that are not paid when due; (f) a reasonable fee not to exceed $350 to clean the Vehicle if it is returned substantially less clean than when rented; (g) fuel and a refueling fee if you return the Vehicle with less fuel than when rented; (h) applicable time and mileage fee; (i) a mileage charge based on our experience if the odometer is tampered with; (j) towing, storage charges, Tolls, Violations, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle; (k) a reasonable fee of up to $500 if you lose the keys or toll transponder to the Vehicle; and (l) a late fee if you do not return the Vehicle as specified on Page 1. (m) an excess usage fee of $0.38 per mile for each mile exceeding the Mileage Cap. All charges are subject to our final audit.

8. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly al tolls (“Tolls”) traffic violations, parking citations, fines for toll evasion, and other fines, fees, and penalties (each, a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing and administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all payments, service fees and administrative fees to the payment card you used in connection with this rental.

9. Personal Information: Telematic Devices: Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with our enforcement of our rights under this Agreement and for other legitimate business purpose. The Vehicle may be equipped with global positioning satellite permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. You should have no expectation of privacy related to your use of this Vehicle. The Vehicle also may be equipped with devices that permit you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. You should delete all personal information from the Vehicle’s systems before returning it. To service your account or recover amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent at any time by contacting us in writing at the address on Page 1.

10. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding the use of the Vehicle are void. Our waiver of a breach of this Agreement, our acceptance of payment from you, or our failure, refusal or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. You release us, our agents, and our employees from all claims for loss of or damage to personal property that was left with us or carried in the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may, without further notice or communication, dispose of that property in a manner we choose. If a provision of this Agreement is deemed void the remaining provisions are valid and enforceable. All terms of this Agreement that by their nature extend be