terms & conditions

1.    Definitions: “Agreement” means all terms and conditions found on both sides of this form. “You” or ‘Your means the person identified as the renter on the reverse, any person signing this agreement, any Authorized Driver, and any person or organization to whom we bill charges at Its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this agreement, and each such person is bound by the actions of each other person signing this agreement “We,” “our,” or “us” means the independent business named on the reverse of this agreement. “Authorized Driver” means the renter and any additional driver listed by us on the agreement: provided that each such person has a valid driver’s license and is at least age 18. Only Authorized Drivers may operate the vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it and its tires, tools, accessories, equipment, keys, and vehicle documents. “Physical Damage” means damage to or loss of the vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to or loss of the vehicle due to theft, vandalism, acts of nature, riot or civil disturbance, hail, flood or fire. Physical Damage excludes interior burn holes, window stars, or cracks not caused by collision or upset. “Loss of use” means the loss of our right to use the vehicle for any purpose due to damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the vehicle is damaged until it is replaced or repaired, times the daily rental rate.
2.    Rental, Indemnity, and Warranties: This is a contract for the rental of the vehicle. We may repossess the vehicle at your expense without notice to you if the vehicle has been abandoned or used in violation of the law or this Agreement. You agree to indemnify us, defend us, and hold us harmless from all claims, liability, costs, and the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose.
3.    Condition and Return of Vehicle:  You must return the vehicle to our rental office or other location we specify on the date and time specified in this agreement and in the same condition you received it except for ordinary wear. If the vehicle Is returned after closing hours, you remain responsible for the safety of, and any damage to or loss of, the vehicle until we inspect it upon our next opening for business. Service to the vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4.    Responsibility for Damage or Loss: Reporting to Police: You are responsible for damage to or loss or theft of the vehicle, which includes the repair cost or the actual cash retail value of the vehicle on the date of the loss. If it is not repairable or we elect not to repair it, plus loss of use, diminished value of the vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the insurance claim, whether you are at fault. You must report all accidents or incidents of theft or vandalism to us, and the police, as soon as you discover them.
5.    Breath of Agreement: The acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an authorized driver, or by anyone who’s driver license Is suspended in any jurisdiction; (ie) is caused by anyone under the influence of prescription, nonprescription drugs or alcohol; (c) is caused by anyone who obtained the vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the vehicle is used in furtherance of any Illegal purpose or under any circumstance that would constitute violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive (g) occurs while carrying dangerous or hazardous items or illegal material in or on the vehicle; (h) occurs outside the geographical limitations indicated on the agreement; (I) occurs when It is loaded beyond its capacity; (j) occurs as a result of driving the vehicle on unpaved roads; (k) occurs while transporting more persons then the vehicle has seatbelts, or while carrying persons outside of the passenger compartment; (I) occurs when transporting children without approved child safety seat as required by law; (m) occurs when the odometer has been tampered with or disconnected; (n) occurs when the vehicles fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle; (o) results from Inadequately secured cargo; (p) where applicable, is caused by anyone who lacks experience operating a manual transmission; (q) Is a result of your willful, wanton, or reckless act or misconduct; (r) occurs and you fall to summon the police to any accident Involving personal Injury or property damage; or, (s) is caused by an animal transported In the vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of breach of this agreement.
6.    Insurance:  You agree to provide auto liability, collision, and comprehensive insurance covering you, us, and the vehicle. You are responsible for all damage or loss that you cause to ethers. Where state law requires L.15 to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance, whether primary, secondary, excess, or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. You and we reject PIP, medical payments, no-fault, and uninsured and underinsured motorist coverage where permitted by lam Coverage is void if you violate the terms of this agreement or if you fail to cooperate in any loss investigation conducted by our insurer or us. Giving the vehicle to an unauthorized driver terminates our liability insurance coverage, if any.
7.    Charges: You will pay us, or the appropriate government authorities, on demand all charges due us under this agreement, including: (a) time and mileage for the time you keep the vehicle, or a mileage  charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products or service you purchased; (d) fuel, If you return the vehicle if you return the vehicle with less than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, citations, penalties, forfeitures, court cost, towing and storage charges and other expenses involving the vehicle assessed against us or the vehicle, unless these expenses are our fault; (g) $50, plus $5 per mile for every mile between the renting location and the place where the vehicle is returned, repossessed or abandoned, plus all expenses we incur In locating and recovering the vehicle if you fall to return it or if we elect to repossess the vehicle under the terms of this agreement; (h) all cost, including pre-and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this agreement; (I) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) $50 or the maximum amount allowed by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the vehicle if returned substantially less clean than when rented.
8.    Deposit: We may use your deposit to pay any amounts owed to us under this agreement.
9.    Your Property: You release us, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored or that was left or carried in or on the vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10.    Modifications:  No term of this agreement can be waived or modified except by a writing that we have signed. if you wish to extend the rental period, you must return the vehicle to our rental office for inspection and written amendment by us of the due-in date. The agreement constitutes the entire agreement between you and us. All prior representations and agreements regarding this rental are void between you and us.
11.    Miscellaneous: A waiver by us of any breach of this agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this agreement does not constitute a waiver of any other provision of this Agreement unless prohibited by law; you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

 

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