Terms
Rental Agreement Terms and Conditions
1. Definition. "Agreement" means all terms and conditions found in the Rental Agreement, vehicle inspection form, these Terms and Conditions, any addenda, and any additional documents you sign or we provide at the time of rental. "You" or "your" means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our," or "us" means the independent rental company named elsewhere in this Agreement. "Authorized Driver" means the renter and each additional driver listed by us in this Agreement, as long as each such person has a valid driver’s license and is at least age 21. Only Authorized Drivers are permitted to use 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."CDW" means Collision Damage Waiver; "Collision Damage" means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires, wheels, or windshields, or comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire, or other comprehensive loss not caused by collision or upset. "TWWD" means Tire, Wheel, and Windshield Damage Waiver. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Rental Period, including: use for rent, delay for rent and sale opportunity to upgrade or sell, or transportation of employees. "Diminished Value" means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. "Charges" means the fees and charges incurred under this Agreement. All amounts expressed under this Agreement shall be payable in U.S. dollars. "Rental Period" means the period between the time that you take possession of the Vehicle and the time that the Vehicle is either returned to or recovered by us and checked in by us. "Vehicle License Fee," "Vehicle Licensing," "Vehicle License Prop Tax," "Vehicle License Cost Recovery Fee," or "Motor Vehicle Tax" means a vehicle license cost recovery fee based on our estimated average per-day per-vehicle portion of our total annual vehicle licensing, titling, and registration costs.
2. Nature of Rental: Condition and Return of Vehicle. This is a contract for the rental of the Vehicle only. You do not have the right to sublease the Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement (or sooner upon our demand), and in the same condition that you received it, except for ordinary wear. To extend the Rental Period, you must obtain our approval by contacting our rental office before the due-in date. If the Vehicle is returned after closing hours: You remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next business opening (regardless of when the loss or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must: Check and maintain all fluid levels. Return the Vehicle with at least the same amount of fuel as when rented, unless you purchased a prepaid fuel option. To the extent permitted by 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 this Agreement.
3. Indemnity, No Warranties. To the fullest extent permitted by law, you agree to indemnify us, defend us, and hold us harmless from all judgments, claims, liability, costs, and attorney’s fees we incur resulting from, or arising out of: This rental, Your use of the Vehicle, Our repossession of the Vehicle, And/or your use of optional equipment (“Optional Equipment”). We make no warranties, express, implied, or apparent, regarding the Vehicle or Optional Equipment that we rent to you for use in the Vehicle. This includes: No warranty of merchantability, and No warranty that the Vehicle or Optional Equipment is fit for a particular purpose.
4. Responsibility for Damage or Loss: You are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision, weather, terrain conditions, acts of God, and vandalism. Your responsibility includes: (a) all damage to the Vehicle, measured as follows: (i) if we determine the Vehicle is a total loss, you are responsible for the fair market value of the Vehicle, less salvage; (ii) if the Vehicle is repairable, you are responsible for either (A) the difference between the value of the Vehicle immediately before and after the damage, or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, calculated by multiplying your daily rental rate by the actual or estimated number of days from the date the Vehicle is damaged until it is repaired or replaced, which you agree is a reasonable estimate of damages and not a penalty. Loss of Use is payable regardless of fleet utilization; (c) an administrative fee based on the cost of repairs as follows: $0–$250 damage = $50 fee, $251–$500 = $75 fee, $501–$750 = $100 fee, $751–$1,500 = $150 fee, $1,501–$2,500 = $200 fee, over $2,500 = $250 fee; (d) towing, storage, impound charges, and other reasonable incidental and consequential damages; and (e) all costs related to the enforcement of this Agreement or collection of Charges, including attorney’s fees, collection fees, and costs, whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to both us and the police as soon as you discover them. Where permitted by law, you authorize us to charge your payment method for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antennas, as part of the rental charges at the time of return.
5. Prohibited Use of the Vehicle: Certain uses of the Vehicle and other actions by you, another driver, or a passenger are considered prohibited uses (“Prohibited Uses”) and are not permitted under any circumstances. These include: (a) use by anyone who is not an Authorized Driver, has a suspended license in any jurisdiction, is under the influence of prescription or non-prescription drugs, controlled substances, or alcohol, or lacks experience operating a manual transmission (if applicable); (b) use in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (excluding minor traffic violations); (c) use to carry persons or property for hire; (d) use to push or tow anything, teach someone to drive, or carry objects on the roof of the Vehicle; (e) participation in races, speed tests, or contests; (f) transport of dangerous, hazardous, or illegal materials; (g) operation outside the United States, Canada, or geographic area described elsewhere in this Agreement; (h) loading the Vehicle beyond its capacity as determined by the manufacturer; (i) use on unpaved surfaces; (j) transporting more people than there are seat belts, or allowing people to ride outside the passenger compartment; (k) transporting children without approved child safety seats as required by law; (l) use of the Vehicle with a tampered or disconnected odometer; (m) operation when fluid levels are low or if further use would reasonably be expected to damage the Vehicle; (n) carrying inadequately secured cargo; (o) operation after an accident unless the police have been summoned to the scene; (p) transporting animals other than service animals; (q) driving through any structure or underpass where there is insufficient clearance in width or height; (r) driving while using a hand-held wireless communication device or other device capable of sending or receiving calls, data, messages, or email without a hands-free mode; (s) driving in a reckless manner or with willful or intentional disregard for the Vehicle or the property or safety of others. Additional Prohibited Uses include: failure to notify us and the police of any accident, theft, or vandalism involving the Vehicle; providing false, misleading, or fraudulent information to us or withholding information that would have prevented us from renting the Vehicle to you; and smoking or vaping any substance in the Vehicle. Prohibited Use of the Vehicle violates this Agreement, automatically terminates your rental, and voids all liability and other insurance coverage to the extent permitted by law.
6. Collision Damage Waiver; Tire, Wheel, and Windshield Damage Waiver: If we offer and you purchase Collision Damage Waiver (“CDW”), we agree to waive our right to collect from you for all or a portion of collision damage to the Vehicle, as noted on the Rental Agreement. If we offer and you purchase Tire, Wheel, and Windshield Damage Waiver (“TWWD”), we agree to waive our right to collect from you for tire, wheel, and windshield damage to the Vehicle. CDW and TWWD are not insurance, are optional, and may duplicate coverage provided by your own auto insurance policy or credit card. CDW and TWWD do not apply to Optional Equipment. Any CDW and TWWD you purchase will be invalidated, and we will not waive our right to hold you financially responsible for damage to or loss of the Vehicle, if the damage or loss: (a) is caused intentionally, willfully, or wantonly by an Authorized Driver; (b) occurs while an Authorized Driver operates the Vehicle while legally intoxicated or under the influence of illegal drugs or chemicals as defined by the law in the state where the damage occurs; (c) occurs while an Authorized Driver is engaged in any speed contest; (d) occurs while the Vehicle is used to push or tow anything, or to carry persons or property for hire, unless expressly authorized elsewhere in this Agreement; (e) occurs outside the United States or Canada, unless specifically authorized elsewhere in this Agreement; (f) occurs while the Vehicle is being driven, with the renter’s permission or knowledge, by someone other than an Authorized Driver; (g) occurs during the commission of a felony by an Authorized Driver; or (h) is incurred after the Vehicle was rented or an Authorized Driver was approved as a result of fraudulent information provided to us. Notwithstanding the purchase or availability of CDW, TWWD, or any other coverage, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim of any size.
7. Optional Equipment: We offer certain optional equipment, including navigational systems and child safety seats, upon request and subject to availability, for your use during the Rental Period at an additional charge. All optional equipment is rented AS IS and must be returned to us at the end of the Rental Period in the same condition as when rented. If you rent a child safety seat, you are solely responsible for inspecting and installing the child seat into the Vehicle. If you rent a navigational system, you should review the operational instructions before leaving the rental location. Optional Equipment is not covered by CDW or TWWD.
8. Insurance: You are responsible for all damage or loss you cause to others. You agree to provide automobile 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 excess 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 the minimum levels required by the financial responsibility laws of the state whose laws apply to the loss. The Policy does not cover injury to you. You and we reject personal injury protection (PIP), medical payments, no-fault, and uninsured/underinsured motorist coverage to the extent permitted by law. To the extent that such protection is imposed by operation of law, that protection will be for the minimum limits required. You must: (a) report all accidents, damage, theft, or vandalism to us and the police as soon as you discover them; and (b) complete our incident report form and provide a legible copy of any service of process, pleading, or notice related to an accident or incident involving the Vehicle. Coverage under the Policy is void if you allow an unauthorized driver to operate the Vehicle, materially breach this Agreement, fail to cooperate in a loss investigation, or fail to file a timely and accurate incident report.
9. Payment Charges: You permit us to reserve against your payment card (“Reserve”) or take a reasonable deposit amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges, but we will not apply it to damage for which you may be responsible unless you separately agree to do so after the damage amount is determined. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your payment card issuer’s rules apply to how and when excess funds are released, and the release may not be immediate. You agree to pay us at or before the end of the rental, or on demand, all Charges, including: (a) time and mileage or a mileage charge based on our estimate if the odometer has been tampered with; (b) optional products and services you selected, including additional driver fees; (c) fuel and a refueling fee if you return the Vehicle with less fuel than when rented (unless you purchased a prepaid fuel option); (d) applicable taxes, fees, and surcharges; (e) expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it; (f) all costs including pre- and post-judgment attorney’s fees we incur collecting payment from you or enforcing this Agreement; (g) a late payment fee of 2% per month, or the maximum allowed by law, on all past due amounts; (h) $50, or the maximum allowed by law, if your check is returned unpaid; (i) a cleaning fee if the Vehicle is returned significantly less clean than when rented or if it contains evidence of smoking; (j) towing, storage charges, forfeitures, court costs, penalties, and other costs resulting from your use of the Vehicle; (k) a reasonable fee if you lose the keys or toll transponder; (l) replacement costs for lost or damaged parts and supplies used in Optional Equipment; (m) a reasonable fee if a rented navigational system is lost, stolen, or rendered unusable; and (n) a surcharge if you return the Vehicle to a different location than where rented or if you return it after the Due-In Date. If you return the Vehicle earlier or later than the Due-In Date, a different or higher rate may apply, especially if a promotional rate was used for the original Rental Period. All Charges are subject to final audit. If errors are found, you authorize us to adjust the Charges with your payment card issuer.
10. Responsibility for Tolls, Traffic Violations, and Other Charges: You are liable for all tolls (“Tolls”), parking violations, photo enforcement fees, toll evasion fines, and other fines, fees, or penalties (“Violations”) assessed against you, us, or the Vehicle during the Rental Period. If we are notified by authorities that we may be responsible for paying a Toll or Violation, you agree that we or a processing firm (“Processor”), at our sole discretion and without prior notice to you, may pay the Toll or Violation along with any applicable taxes on your behalf directly to the appropriate authority. If we or a Processor pay a Toll or Violation, you may lose the ability to challenge it before the issuing authority. We or the Processor will charge you the face value of the Toll or Violation and applicable taxes, plus an administrative fee for each Toll or Violation. Alternatively, we or the Processor may transfer liability for a Toll or Violation to you personally, in which case you will also be charged an administrative fee. You authorize us to release your rental and payment card information to the charging authorities and Processor for the purpose of processing and billing these charges. You also authorize us and the Processor to charge your payment card for all such amounts and fees. Some toll roads do not accept cash. To avoid toll violations, fines, and our administrative fees, you must use a personal transponder accepted on the toll road, pay with cash in designated lanes, plan a route that avoids tolls, or consult local authorities for alternative payment methods.
11. Personal Information; Communications: You agree that we may disclose personally identifiable information about you to law enforcement agencies or other third parties in connection with our enforcement of our rights under this Agreement and for other legitimate purposes. Questions regarding privacy should be directed to the location where you rented the Vehicle. To service your account or recover any amounts you owe, you agree that we or our assignee may contact you by phone calls, text messages, or emails sent to any phone number or email address you provide to us, including wireless numbers, and acknowledge that such communications may result in additional charges to you. You represent that you are the owner or primary user of the provided contact numbers and email addresses. Methods of contact may include the use of prerecorded or artificial voice messages and/or automatic dialing devices. You may revoke your consent to be contacted in these ways at any time by notifying us in writing at the address listed on the Rental Agreement.
12. Telematics Notice: The Vehicle may be equipped with global positioning satellite (GPS) technology, another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your use of the Vehicle may be remotely monitored by us or on our behalf through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data such as location, odometer reading, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we deem necessary. To the extent permitted by law, we may disable the Vehicle remotely when we determine it is necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy in connection with your use of the Vehicle. You agree to inform all drivers and passengers of the Vehicle that its use may be monitored and that you have authorized the release of information collected by GPS or other telematics systems or EDRs. We are not responsible for the operability of any telematics, navigational, or other system included with the Vehicle. To the extent permitted by law, you agree to indemnify, defend, and hold us harmless from any damage to persons or property caused by the failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from their use.
13. Personal Property: We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may dispose of that property in any manner we choose. To the extent permitted by law, you waive all claims against us, our agents, and employees for loss of or damage to your personal property or that of another person, whether we received, handled, stored, or whether it was left or carried in or on the Vehicle, in any service vehicle, or on our premises, regardless of whether the loss or damage was caused by our negligence or was otherwise our responsibility. The Vehicle may be equipped with an infotainment system that permits you to pair your personal mobile devices and which may download your contacts, communications, location, or other digital data. You should ensure that all personal information is removed from the Vehicle’s systems before returning it.
14. Miscellaneous: No term of this Agreement may be waived or modified except in a written document signed by us. This Agreement constitutes the entire agreement between you and us, and supersedes all prior representations and agreements regarding this rental. A waiver by us of any breach of this Agreement is not a waiver of any other breach or of your ongoing obligations. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any rights under this Agreement does not constitute a waiver of any provision. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions we initiate as a result of your breach of this Agreement, and (b) you release us from all liability for consequential, special, or punitive damages in connection with this rental or any reservation. If any provision of this Agreement is held to be void or unenforceable, the remaining provisions shall remain valid and enforceable. PSNA–ARRCMA Terms 10.2018 (145025)