Terms and Conditions

1. Definitions. “Agreement” means all terms and conditions in the rental record (“Rental Record”) and any additional documents you sign or we provide at the time of rental, electronically or otherwise. “You” or “your” means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. ”We”, “our” or “us” means the business named on the reverse side of this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 21. 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 all 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 or loss, such as: loss of the Vehicle due to theft; vandalism; act 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 ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate.
2. Rental; Indemnity; Personal Property; Warranties. Only Authorized Drivers may use the Vehicle. Authorized Drivers include only those individuals named in the Rental Agreement or permitted by state law. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or of this Agreement. You agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or Optional Equipment (as defined below). You release us, our agents and employees from all claims for loss of or damage to your personal property or that of another 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. 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. In no event shall we be liable to you for any indirect, special or consequential damages related directly or indirect.ly to any alleged breach by us of this Agreement.
3. Condition and Return of Vehicle. Rental of this vehicle constitutes a “bailment,” meaning that the use of the Vehicle is for Renter’s own benefit. The Vehicle must be returned to our rental office or other location we specify on the date and time noted in this Agreement and in the same condition received, except for ordinary wear. Our determination of the condition of the Vehicle is subject to a final inspection for damage(s) which may occur in our facilities after drop off, whether or not the vehicle is checked in by an employee and whether or not such damage(s) are immediately recognizable or hidden. This also means that if the Vehicle is returned after closing hours, Renter’s responsibility for damages under this Agreement continues until final inspection even if the damage occurred after the vehicle was returned. To extend the rental, Renter must contact our rental office before the due-in date listed in this Agreement. All Charges may continue to accrue until the return location opens for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. Renter must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented, unless Renter purchases the prepaid fuel option.
4. Responsibility to Others; Handling Accidents/Incidents. You are responsible for all loss or theft of, or damage to, the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the vehicle, 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 claim.
You are responsible for all injury, damage, or loss you cause to yourself and others (including any passengers). We are not responsible for injury or damage you cause to others and will provide no coverage for any such injury, damage or loss unless required by law, or unless you elect to purchase such coverage at the time of rental. You agree that it is your responsibility to know and understand what insurance coverage you have or elect to purchase for this rental. Your liability insurance coverage must provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. If we are required to pay any amount to injured or damaged parties, we expressly reserve the right to subrogate against you for recovery of such payment(s). You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and are safe out of danger; (b) complete our incident report form; and (C) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Any failure by you to report all damage to us by completing an incident report, or to report all accidents (of any size) to us and to the police as soon as they occur, will be a material breach of this Agreement, and may invalidate optional coverage products that you elect to purchase. The Vehicle may not be taken into Mexico under any circumstances.
5. Breach 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 whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription 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 a 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 geographic limitations indicated on the reverse; (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 than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (I) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle’s 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 fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; or (t) by anyone who is sending or reading an electronic message, including text (SMS) messages or emails, while operating the Vehicle. Smoking in the Vehicle is also prohibited. breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement. ANY PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT
AND SHALL INVALIDATE LDW AND ANY OTHER COVERAGE PRODUCT (WHERE PERMITTED BY LAW). For purposes of this Agreement, in addition to any appropriate local statutory definition, a “willful,” “wanton” or “reckless” act shall also include (but not be limited to): (1) the use of unauthorized equipment on or in the Vehicle; and (2) aiding in the theft of the Vehicle or failing to safeguard the keys and the Vehicle is stolen or vandalized.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law requires us 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 whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
7. Loss Damage Waiver (“LDW”). If you purchase Loss Damage Waiver (LDW), subject to the terms of this Agreement, we will waive our right to hold you financially responsible for all or a portion of physical damage to the Vehicle as noted on the Rental Record, including charges such as loss of use and administrative fees. LOW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card member benefits. LOW does not apply to optional equipment. Violation of the terms of this Agreement will result in the LDW being invalidated.
8. Optional Equipment. We offer certain Optional Equipment such as ski racks, luggage racks, and child safety seats, upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself, and you will be responsible for the correct and safe manner of installation. In no way will we be responsible or liable for the proper functioning of a child safety seat that you install. If you rent a GPS device, you should review the operational instructions before leaving the rental location.
9. Payment; Charges. You permit us to reserve or set aside 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 Charges. We will authorize the release of any excess reserve or set aside upon the completion of your rental, and your payment card issuer’s rules will apply to your credit line or your account being credited for the excess and may not be immediately released by your card issuer. We do not accept cash deposits. You will pay us at or before the conclusion of this rental or upon demand of all Charges, including without limitation: (a) time charge as shown on the Rental Record; (b) mileage charges, including charges for extra miles, based on the per-mile rate specified on the Rental Record; (c) mileage charge based on our experience if the odometer is altered; (d) optional product and service fees; (e) fuel and a refueling fee if you return the Vehicle with less fuel than when rented – unless you purchase pre-paid fuel; (f) applicable taxes, surcharges, airport facility fees, and airport concession recovery fees; (g) expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (h) costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) a reasonable cleaning fee if the Vehicle is returned substantially less clean than when rented or with evidence of smoking in the Vehicle; (k) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (I) a fee of up to $500 if you lose the keys or toll transponder to the Vehicle; (m) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due-in date noted on this Agreement, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; (n) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (o) a fee up to $500 if a mobile technology device, such as a navigational system or tablet, that you rented becomes damaged, lost, stolen or otherwise rendered unusable during the rental; and (p) if applicable, a redemption fee if you present a reward certificate, coupon or voucher associated with a loyalty program. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
10. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
11. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you will pay an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to charging authorities or other relevant parties for processing and billing purposes. If we pay a Toll or Violation, you authorize us to charge all such payments and administrative fees to the payment card you used to pay for this rental.
12. Personal Information; Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement. Questions regarding privacy should be directed to the location where you rented the Vehicle. You agree, in order for us to service or otherwise administer our account or to recover any amounts you may owe, that we or any assignee or collection agency of our choosing, may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in additional charges to you. We, our assignee, or any collection agency of our choosing, may also contact you by sending text messages or e-mails, using any email address you provide to use. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable.
13. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) 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.
14. 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. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
15. 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. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions shall remain valid and enforceable. YOU AND WE EACH IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT