RENTAL TERMS
Term. This Agreement shall commence at the earlier of the Start Date & Time or when Driver takes
possession of the Vehicle and shall remain in full force and effect until the later of the End Date & Time or when Vehicle is returned to the Owner (“Rental Period”). The term of this Agreement shall only be modified in accordance with the provisions provided in this Agreement.
- Voluntary Rental Term Extension. In the event that Owner and Driver mutually agree to an extension of the End Date & Time, the new rental Agreement needs be drafted with new End Date & Time and signed by the Renter in order for this Agreement to remain valid until the Vehicle is returned to the Owner. The Driver will be charged the daily rental price, insurance fees (if any), and other transactions costs that may accrue during that period. To be valid, a rental reservation agreement must be fully executed by all parties and not exceed 30 days in length; any subsequent rental agreements must also be fully executed and must not exceed 30 days in length.
- Involuntary Rental Term Extension. If the End Date & Time are not voluntarily extended and the Vehicle is not returned within 72 hours (or other such time as required by local law) of the End Date & Time, then, in addition to the additional costs listed in section 2, the Owner may: (i) report the Vehicle as stolen to law enforcement authorities, (ii) take action to repossess the Vehicle, and (iii) take any legal action necessary to protect its rights. Additionally, the loss may be reported to one or more credit agencies and or national stolen car databases.
Rental Price. Driver shall pay the Daily Rental Price, which includes insurance and transaction fees. Driver authorizes charges to the payment method on file in an amount equal to all payments and fees under this Agreement as they are incurred. Total price for this rental excludes any late fees, fines, or expenses. Owner is responsible for any applicable local, state, or federal taxes based on the income received from the rental. Driver shall pay all other charges due under this Agreement upon the return of the Vehicle, including but not limited to:
a. charges for optional services selected by the Driver;
b. mileage overage of $.0.25 per mile plus taxes, if applicable;
c. damage to, repair of, or loss of the Vehicle, including without limitation, the loss of use, diminution of the Vehicle’s value caused by the damage or repair, administrative and legal fees for claim processing;
d. Daily Rental Price plus an additional $50 late delivery administrative fee, beginning 24 hours after the end of the Rental Period;
f. unless due to the fault of the Owner, all fines, penalties, traffic and/or parking violations, toll fees, court costs, towing and impound charges, and other associated third party costs incurred during the Rental Period;
g. all expenses Owner incurs related to Driver’s failure to return the Vehicle, including without limitation, costs of locating and recovering the Vehicle;
h. 1.5% interest per month (or the maximum allowed by law), for any amount due which are more than 14 days past due;
i. all costs incurred to collect unpaid amounts due, including debt collection agency, attorney, or other third party costs; and
j. the greater of twenty-five dollars ($25) per day or the maximum amount allowed by law if Driver’s payments are stopped, rejected for insufficient funds, or for any other reason the payment from Driver is dishonored.
Security Deposit. Driver may be required to pay a Security Deposit at the time of the rental. The Security Deposit will be the first money applied to any balance due at the end of the Rental Period. Driver may be responsible for additional fees or charges in excess of the Security Deposit as otherwise stated in this Agreement or the Terms of Service.
Authorized Drivers. Only the Driver listed above is a party to this Agreement. Owner shall be responsible to verify that the Vehicle is released to the Driver identified in this Agreement. No one else is permitted to operate the Vehicle. Operation of the Vehicle by someone other than the Driver may subject you to civil and criminal liability. Driver must have a valid driver’s license to rent and operate the Vehicle. Should any other person operate the Vehicle, including if the Vehicle is lost or stolen, the Driver will be liable for any such activity and the resulting loss or damage. Driver is responsible for all loss or damage caused to Vehicle during the Rental Period, even if Driver is not operating the Vehicle when the damage occurs.
Vehicle Use Restrictions. The following list includes common examples; however, these examples are not intended to be a complete list of all prohibited uses. Owner reserves the right to add restrictions as reasonably necessary to protect itself, its property, others, or the property of others. Driver shall not:
a. permit the Vehicle to be operated by any person who is not listed as a Driver under this Agreement;
b. operate the Vehicle or permit it to be operated in violation of law, including without limitation, driving under the influence of alcohol or drugs, or in breach of any traffic rules or regulations;
c. operate the Vehicle or permit it to be operated to commit any violation of law;
d. operate the Vehicle or permit it to be operated for any race, test, or contest;
e. operate the Vehicle or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Vehicle;
f. operate the Vehicle or permit it to be operated to carry hazardous materials or explosive substances of any kind;
g. operate the Vehicle or permit the Vehicle to be driven or parked on roadways not regularly maintained, or on any roads, beaches, driveways, or surfaces likely to cause damage to the Vehicle;
h. operate the Vehicle or permit the Vehicle to be driven or parked in unsafe areas or where the Vehicle is likely to be damaged;
i. operate the Vehicle or permit the Vehicle to be operated to push or tow any other vehicle;
j. transport any animal in the Vehicle (with the exception of certified or licensed animals for assisting persons with disabilities); and/or
k. allow any person to smoke and/or take or use alcohol or illegal drugs in the Vehicle.
Return of Vehicle. Driver shall return the Vehicle at the end of the Rental Period to the agreed upon return location, with the same amount of gas as when the Vehicle was picked up, and in the same condition as Driver received it, except for normal wear and tear. If Driver connects to the Vehicle’s navigation/infotainment system for directions, to use the hands-free phone functionality, or otherwise, Driver is responsible for deleting all of Driver’s personal data from the Vehicle at the end of the Rental Period. Upon request, Owner shall provide Driver with instructions for how to remove this data from the Vehicle. Additional charges may be incurred if Vehicle is not returned in accordance with this paragraph.
Repair or Loss. Driver shall not service or repair the Vehicle and parts and accessories shall not be repaired or replaced by Driver, without the Owner’s prior written consent. Driver shall immediately alert Owner to any damage to or loss of the Vehicle or parts of the Vehicle. Driver shall be responsible for any loss or damage to Vehicle and the loss of use, diminution of the Vehicle’s value caused by the damage or repair or replacement of a part of the Vehicle. In the event of an accident, vandalism, or theft affecting the Vehicle, Driver shall report the incident to the Owner within 24 hours, excluding weekends and holidays. In the event the Vehicle is stolen, Driver shall report the incident to the owner within 24 hours, excluding holidays and weekends, and cooperate with local law enforcement.
Condition of the Vehicle. Driver and Owner both acknowledge that each has examined the Vehicle prior to the rental, and that it is in good condition. For insurance coverage to apply, Owner must take and save pictures that accurately reflect the condition of the Vehicle at the Start Date & Time of the Rental. It is recommended that Driver also take accurate pictures of the Vehicle at the beginning and end of the Rental Period to avoid disputes at a later date. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPATIBILITY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Vehicle and Driver Verification. It is the responsibility of the Owner to (a) verify that the Driver has a valid driver’s license before providing the Driver with access to the Vehicle; (b) ensure the driver’s license matches the name on the reservation; and (c) confirm that the person picking up the Vehicle matches the photograph on the driver’s license. It is the responsibility of the Driver to ensure that the vehicle they are renting matches the Vehicle information on the reservation.
Vehicle Ownership. Owner shall at all times during the Rental Period retain ownership and title to the Vehicle. Driver shall immediately notify Owner in the event the Vehicle is levied, has a lien attached or is threatened with lien and/or seizure as a result of Driver’s action, inaction, possession, or use of the Vehicle. Driver shall indemnify and hold Owner harmless against any and all losses and/or damages caused by such action or inaction.
GPS and Telematics. Vehicles may include GPS, telematics technology, or vehicle disabling technology and some Drivers may have telematics capabilities through applications on their mobile phones (“Telematic Devices”). Owners may be denied coverage on insurance claims if Telematic Devices are not installed in the Vehicle. Telematic Devices track vehicle and driver analytics data. Drivers and Owners consent to the data collected by the Telematic Devices and to this data being used consistent with Privacy Policy of the owner, the privacy policy of the vehicle manufacturer, the privacy policy of the Telematic Device, if applicable. Telematic Devices must remain on and functioning during the Rental Period. Driver agrees not to tamper with, disable, or remove such Telematics Device for any reason. A breach of this Agreement may result in the activation of vehicle disabling technology. Driver will be held responsible for any damages to or tampering with any Telematics Devices present in the Vehicle.
Exculpation. The Owner is not responsible for any actions caused by the Driver. As such, the Driver waives any and all actual or potential claims against the Owner on any grounds, including, but not limited to, the terms of this Agreement, the rental of any vehicle, insurance, indemnification, or arising out of any lawsuit, claim, or other form of damages or dispute.
Termination. This Agreement shall terminate at the end of the Rental Period. Owner reserves the right to terminate this Agreement earlier upon at least 3 days written notice to Driver or immediately in the event the Owners becomes aware of illegal activity.
Indemnification and Liability. Driver shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Driver’s use of Vehicle by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM DRIVER’S USE OF THE VEHICLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution. The Parties agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims under $25,000 shall be heard by a single arbitrator. Claims equal to or exceeding $25,000 shall be heard by a panel of three arbitrators. The place of arbitration shall be the City and State in which the Vehicle is registered. The arbitration shall be governed by the laws of the City and State where the Vehicle is registered. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 90 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Arbitrators will have the authority to allocate the costs of the arbitration process among the Parties, but will only have the authority to allocate attorneys’ fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned opinion. DRIVER AGREES THE DISPUTE MUST BE ON AN INDIVIDUAL BASIS AND DRIVER IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIMS. Notwithstanding the above, claims made by the Owner to repossess the Vehicle or for criminal action by the Driver may be made in the court of law at any time without the need to pursue arbitration.
Waiver. No failure of Owner to exercise or enforce any rights under this Agreement shall act as a waiver of any subsequent breach(es), and the waiver of any breach shall not act as a waiver of any subsequent breach(es). Owner’s acceptance of payment with knowledge of a default by Driver shall not constitute a waiver of any breach.
Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. Upon a determination that any term or other provision is invalid or illegal and is material to this Agreement, the parties shall negotiate in good faith to modify this Agreement to reflect the original intent of the parties as closely as possible.
Headings. The section headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
Survival. Any provisions of this Agreement that are necessary for the enforcement of the terms of this Agreement will survive termination.
Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting, or additional communications between the Owner and Driver.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.