Terms of Agreement
Terms of Agreement
We agree to rent to you on the following terms:
- THE PARTIES AND OTHER TERMS: “We, Us, or Our” means the Owner of the rental vehicle named on the reverse side of this page. “Vehicle” is the vehicle described in the Agreement, any replacement, and all its equipment, tires, tools, keys and documents. “You” means the renter, any person who signs the rental agreement, any authorized driver as defined by the law of the state, any driver authorized by us to operate the Vehicle, and any other person to whom the charges are billed. All persons as designated as “you” are jointly and severally liable under the terms of the Agreement. The “Agreement” means both sides of this form, and any other papers we give you at the time of rental. “Rental Period” includes the time specified in the Agreement, and any additional time you keep the vehicle, whether authorized by us or not. Unless otherwise provided by the law of the state. “Loss of use” means the product of the daily rental rate shown on the reverse side of this page and the estimated number of days between the date of damage to the Vehicle and the date the Vehicle is ready to return to rental service or is replaced.
- OWNERSHIP, CONDITION AND REPOSSESSION: You are authorized to use the Vehicle only for the time period as specified in the Agreement or the time you have paid for. Without our prior written consent, you may not
keep the Vehicle any longer. You acquire no other interest or rights in the Vehicle and you may not re-rent it to anyone else. We have the right to repossess the Vehicle at your expense, without notice to you. If it
is abandoned, lost, stolen, illegally parked, kept beyond the due-in date without notice to us, rented to you based on false or fraudulent information given to us at the time of rental, not returned to us within 24 hour of our demand to return it, or if you otherwise breach the Agreement.
- RETURN OF VEHICLE: You will return the Vehicle to us, during our regular business hours, at the location and on the date specified in the Agreement, and in the same condition as you received it, ordinary wear and tear expected. If you do not return the Vehicle to the location specified in the Agreement, you will pay us, where allowed by law, a minimum drop-off charge of $50, plus $5 per mile for each mile between the actual drop-off site and the location specified in the Agreement, plus any additional recovery expenses we incur.
- NO AGENCY OR WARRANTIES: The transaction is for the rental of personal property, you are not our agent. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED IN CONNECTION WITH THE VEHICLE, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE.
- REPAIRS AND SERVICE: You are responsible for observing the condition of the Vehicle. All repairs and service to the Vehicle must have our prior approval.
- FLUID LEVELS: You are responsible for checking and maintaining proper fluid levels of the vehicle. You agree that operation of the Vehicle with low fluid levels may cause damage to the Vehicle and that your failure to maintain proper fluid levels constitutes intentional damage to the Vehicle for which you will be responsible.
- ONLY AUTHORIZED DRIVERS MAY OPERATE VEHICLE: The Vehicle may only be driven or operated by the renter, additional drivers authorized by us in the Agreement, or authorized by the law of the state where the rental
transaction occurred. All drivers must be licensed and at least 21 years of age, unless the law of the state where the rental transaction occurs requires otherwise.
- IF YOU DAMAGE THE VEHICLE: You are responsible for, and will pay us on demand for, the loss of the Vehicle or all damage to the Vehicle for which we are entitled by law to recover.
- DAMAGE WAIVER: Where allowed by law, you have the option of purchasing Damage Waiver (DW) from us. If you purchase DW at the time of rental, you must pay for it when you return the Vehicle in order for it to be effective. DW covers only damage caused by collision or upset and you remain responsible for all damage to, and loss of use of, the Vehicle caused by theft, fire or acts of nature, unless the law of this state requires otherwise. If you commit any of the acts listed below under breaches of the Agreement where allowed by law, you will void the waiver. YOU WILL ALSO VOID THE WAIVER, WHERE ALLOWED BY LAW, IF YOU FAIL TO CALL THE POLIE TO THE SCENE OF ANY ACCIDENT INVOLVING THE VEHICLE, YOU FAIL TO REPORT ALL ACCIDENTS AND INCIDENTS OF THEFT OR VANDALISM TO US AND TO THE POLICE WITHIN 24 HOURS OF OCCURRENCE OR UPON DISCOVERY, OR YOU FAIL TO PAY ALL OF THE RENTAL CHARGES INCLUDING THE COST OF DW, WHEN THE VEHICLE IS RETURNED TO US.
- BREACHES OF THIS AGREEMENT: If you commit any one of the following acts, you will have breached this Agreement, will be held liable for damages for such breach, and, where allowed by law, will void any damage waiver you purchased: (a) transportation of person or property for hire; (b) participation in a race, speed test or contest; (c) using the Vehicle for an illegal purpose or under any circumstances that would constitute a violation of law; (d) operation of the Vehicle in a reckless, willful, or wanton manner; (e) operation of the Vehicle on unpaved roads; (f) intentionally causing damage to the Vehicle ; (g) teaching anyone to drive; (h) pushing or towing anything except as specified elsewhere in the Agreement, and then only with a coupling device that is approved by us; (i) driving through or under an underpass or other structures without sufficient clearance; (j) operation of the
Vehicle by an unauthorized driver; (k) operating the Vehicle under the influence of drugs or intoxicants; (l) using the Vehicle to transport hazardous or illegal material; (m) tampering with or disconnecting the vehicle odometer; (n) taking the Vehicle outside the geographic area authorized in the Agreement, or taking the Vehicle outside the United States; (o) transporting more passengers than the number of seat belts, or transporting passengers outside the passenger compartment; (p) operating the Vehicle when it is reasonable to expect the operator to know that further operation would damage it; (q) loading the Vehicle beyond its rated capacity; (r) transporting children without approved child safety seats where required by law; (s) operating the Vehicle with low fluid levels; (t) causing damage to the freight box of the vehicle due to inadequately secured cargo; (u) damaging a manual transmission due to improper shifting or due to lack of experience with manual transmissions; (v) obtaining the Vehicle from us by means of false, fraudulent or misleading information; (w) or, driving the Vehicle into a
- WHEN YOU ARE REQUIRED TO CALL THE POLICE: You must report all incidents or theft or vandalism to the police as soon as you discover them. You will call the police to the scene of any accident involving the Vehicle. You will report to us all accidents and other kinds of damage within 24 hours after they occur or you discover them.
- YOUR INSURANCE IS PRIMARY: OURS IS SECONDARY: You represent to us on the other side of this form that you carry automobile liability insurance in at least the minimum amounts prescribed by law. Your automobile insurance, including liability for bodily injury and property damage, no-fault, uninsured motorists, collision and comprehensive, will be used to pay any damages due third parties as well as to cover damage to or loss of the Vehicle incurred during the Rental Period. We provide liability insurance through a basic automobile liability policy or in accordance with the requirements of a qualified self-insurer (the Policy). The Policy is in excess to your insurance unless the law of the state in which the rental transaction occurs requires the Policy to be
primary. The Policy provides only the minimum limits prescribed by the financial responsibility laws of this state and where state law allows us to elect not to carry uninsured motorists coverage or no-fault, or other coverage, we have so elected. The Policy does not cover liability imposed by any worker’s compensation or similar statute and is void in Mexico. The Policy may not cover you, if you do not cooperate in any investigation, or if you fail to report claims or suits to us or our insurer in a timely manner. You will indemnity us for all losses in excess of available insurance that we are obligated to pay to any other person because of your negligence.
- WHAT YOU OWE US: You will pay us, on demand, all rental charges due us under this Agreement that are allowed by law, including, but not limited to: (a) all time and mileage charges for the Rental Period; (b) charges for additional drivers; (c) drop-off fees if you return the Vehicle to a location different from where you picked it up; (d) charges for a Damage Waiver; when offered and purchased; (e) charges for Personal Passenger Protection and Personal Accident and Cargo, if you elected to purchase it; (f) charges for gasoline used if you return the
Vehicle with less gasoline than when rented; (g) applicable sales, use and other taxes; (h) the cost of the loss of, or damage to the Vehicle, recovery costs; (i) our costs of locating and recovering the Vehicle if you fail to return it; (j) fines, penalties, forfeitures, court costs, parking tickets, towing charges, storage fees, and any other expensed assessed against us or the Vehicle during the Rental Period unless these expenses were our fault; (k) any amounts in excess of available insurance which we pay because of your negligence; (l) all pre-and-post judgment costs including attorney’s fees we incur collecting payments due from you; (m) a mileage charge based on our experience if the Vehicle odometer has been damaged or disconnected; (n) interest of 2% per month(or the highest amount allowed by law, if lower) on all amounts due us that are not paid when the Vehicle is returned or when this
Agreement is terminated, whichever occurs first; and (o) a late fee equal to 5% of all amounts due to us that are not paid when the Vehicle is returned or when this Agreement is terminated, whichever occurs first.
- ATTORNEY’S FEES: Where permitted by law, you will reimburse us for all attorney’s fees we incur: (a) in any action we bring against you to enforce our rights under this Agreement; (b) in any action we bring to collect a judgment against you; (c) in any appeal(s) from (a) or (b), above, regardless of the identity of the party making the appeal.
- DEPOSIT: We may use your deposit to pay any amounts owed to us by you.
- YOU ARE RESPONSIBLE FOR PARKING TICKETS, OTHER FINES AND FEES: You are liable for, and will indemnity us against all fines, booting expenses, court costs, penalties, forfeitures or administrative fees that we incur for parking, traffic and other violations incurred by you during the Rental Period. You are liable for all fuel, weight and road
- WE ARE REALEASED FROM ALL PERSONAL PROPERTY CLAIMS: You release us, our agents and employees from all claims for loss of, or damage to, and personal property that we received, stored, handled or that was left or carried in or on the Vehicle, or in any of our service vehicles or offices, whether or not we are negligent or otherwise responsible for loss or damage.
- RELEASE FROM SPECIAL DAMAGES: You release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
- CHANGES TO THIS AGREEMENT REQUIRE OUR PRIOR WRITTEN APPROVAL: This Agreement may not be changed or modified unless we give our prior written approval. You may not keep the Vehicle beyond the due-in date specified without our approval and without returning it to us for our inspection prior to an extension of the due-in date.
- ENFORCEABILITY: If any provision of this Agreement is unenforceable, the remaining provisions are valid and enforceable.
- In case of an accident, and/or damage to the vehicle you MUST call the police to the scene immediately and notify Lessor Car Rental within 24 hours, otherwise, your contract may be voided.
- CDW (Collision Damage Waiver) does not cover theft and has a $1500 deductible.
- Any renter or driver charged with any criminal offense including, but not limited to, driving under the influence of alcoholic beverage or controlled substance, while having rental Company’s motor Vehicle in
their possession or who fails to furnish Lessor a police report from the scene of any accident or theft, or otherwise fails to comply with this Agreement will not be covered by rental company’s insurance or CDW. Such
person will be liable to Lessor and all third parties for all claims and damages.
- Driver not covered for personal injury under Lessor’s liability policy. Lessor provides no uninsured motorist coverage and Renter hereby waives such coverage.
- Absolutely NO REFUNDS for fuel.
- All fines or traffic violations, as well as any additional add on fees, is the responsibility of the Renter, including but not limited to administration fee, loss of use, diminished value, tow, storage, impound, appraisal fees and any other fees associated with the loss of damage to the rental vehicle.
- Any vehicle overdue 24 hours will be automatically reported to the police as stolen and renter hereby waives any claims on the part of Lessor for the consequences of said report and any and all claims for damages or loss resulting there from.
- Excessive dirtiness charge up to but not limited to $75.00.
- Renter is fully liable for tires, glass and any burns to the interior of the vehicle.
- Renter is fully liable for lost or stolen keys.
- Vehicles may not be taken out of the state in which it was rented.
If the Vehicle is taken out of state all charges incurred by Lessor will
be the responsibility of the renter.
- Lessor not responsible for any items left in vehicle.
- By signing the Rental Agreement, I authorize Lessor Car Rental to access any credit history from any organization on my behalf.
- In the event it become necessary to place this contract in the hands of an attorney for collection or for litigation, the renter agrees to all court cost, reasonable attorney’s fees and agrees to venue in the
county and state in which it was rented.
- “I (renter) hereby waive my right to contest charges for damages which may be applied to my credit card without my presence or without my full knowledge, as a result of my negligence to the vehicle.”
- Renters without a return airline boarding pass will be subject to a mileage cap.