1. Definitions. “Agreement” means all terms and conditions found on the “Face Page” and in these Terms and Conditions. “You” or “your” means the person identified as the Customer on the Face Page, each person signing this Agreement, every Authorized Driver and each person or organization to whom charges are billed by us at its or the Customer’s direction. You are jointly and severally bound by this Agreement. “We,” “us” or “our" means the independent automobile dealer or its affiliate named elsewhere in this Agreement. “Vehicle” means the automobile or truck identified in this Agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and documents. The Vehicle may be a temporary substitute for a Customer-owned or Customer-leased vehicle that you have given us the opportunity to service or repair (“Service Replacement Vehicle”). “Authorized Driver” means (a) the Customer and the Customer’s spouse; (b) additional drivers listed by us in this Agreement; and (c) if the Customer is a business entity, Customer employees who are permissible drivers on the business entity’s auto insurance policy. Authorized Drivers are the only persons permitted to drive the Vehicle. Each Authorized Driver most possess a valid driver’s license. If the Vehicle is a Service Replacement Vehicle, and the Customer is the title owner of the vehicle, then the Customer and the Customer's spouse must be at least 18. All other Authorized Drivers must be at least age 21. "Loss of Use" means the loss of our ability to use the Vehicle for any purpose dur to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. “Daily Vehicle Rate” means the daily time and mileage fee that we typically charge for vehicles of the same type as the Vehicle. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement. “Charges” means the fees and charges that are incurred under this Agreement. “Vehicle License Fee” means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
2. Rental; Consideration; Indemnity and Warranties. This is a contract for rental of the Vehicle offered to you. Your signature on the Face Page is acceptance of this offer and acknowledgement that binding consideration exists, as follows: our opportunity to service or repair a vehicle you left with us; financial benefits we receive from others for the service/repair work; financial benefits we receive from others to obtain and use this Vehicle as a Service Replacement Vehicle; a fee you pay us; and/or the rights and obligations of this Agreement. 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. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement for your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty or merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Inspection; Condition and Return of Vehicle. You must return the Vehicle to our office on the date and time specified on the Face Page with at least as much fuel as when rented, unless we offer, and you purchase, pre-paid fuel. You will check and maintain Vehicle fluid levels. You may extend the Rental Period for up to 1 week if you obtain our consent before the date due, and we may require you to return the Vehicle to our rental office for inspection. The total Rental Period may not exceed 30 days under any circumstances. The Vehicle must be returned in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damage to or loss of it until we inspect it on reopening for business, and all Charges may continue to accrue. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect the Vehicle during this rental.
4. Responsibility for Damage or Loss; Reporting to Police. Regardless of fault, you are responsible for theft or loss of the Vehicle and all damages to it, including damage caused by collision, weather, road conditions, acts of nature, theft, and vandalism. Your responsibility includes: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the Daily Vehicle Rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorney’s fees, collection fees, and costs whether or not litigation is commenced. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute material breaches of this Agreement. The Vehicle shall not be used: (a) anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information; (d) for illegal purposes or in the commission of a crime; (e) to carry persons or property for hire; (f) to tow an object in excess or 2,000 pounds, unless specifically approved by notation on the Face Page, or to push anything; (g) in a race or speed contest; (h) to teach anyone to drive; (i) outside the United States or Canada, or outside the geographical area described elsewhere in this Agreement; if any; (j) on an unpaved surface; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect you to know that further operation of the Vehicle would damage it; (m) if applicable, by anyone who lacks experience driving a vehicle with manual transmission; (n) to transport an animal (other than a service animal); (o) to carry more passengers than the number of existing seatbelts; or (p) by anyone sending or reading an electronic message, including text (SMS) messages or emails, while operating the Vehicle. Smoking is prohibited in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to maintain automobile insurance during the term of this rental agreement which provides to the owner, to us, and to you, the following primary coverage: (a) Bodily Injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/underinsured “(UM”/”UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Where permitted by law, by signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverages. Where we are required to provide such coverage, you hereby select the minimum limits required by law. Because you are providing auto insurance, we are not. In states where the law requires us to provide insurance, your insurance will be primary. Any insurance we are required to provide allies only to claims of accidental BI and PD resulting from the use of the auto, and is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. Our insurance policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You agree to cooperate with our insurer if any claim is made, and give us immediate notice of damage, claim, or lawsuit against you. Our insurance applies only in the United States and Canada. Engaging in Prohibited Use described in paragraph 5 or any other material breach of this Agreement will void any insurance coverage.
7. Charges. You permit us to reserve 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 upon the completion of your rental. Your payment card issuer’s rules will apply to your credit line or account being credited for the excess, which may not be immediately released by your card issuer. You will pay us all Charges, including: (a) taxes and surcharges; (b) a return check fee if you pay us with a check returned unpaid; (c) all expenses we incur recovering the Vehicle if it is not returned to the renting location on the date and time promised; (d) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a late fee on all Charges that are not paid when due; (f) a reasonable fee not to exceed $350 to clean the Vehicle if it is returned substantially less clean than when rented; (g) fuel and refueling fee if you return the Vehicle with less fuel than when rented; (h) applicable time and mileage fee; (i) a mileage charge based on our experience if the odometer is tampered with; (j) towing, storage charges, tolls, violations, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle; (k) a reasonable fee of up to $500if you lose the keys or toll transponder to the Vehicle; and (l) a late fee if you do not return the Vehicle as specified on the Face Page. All Charges are subject to our final audit.
8. Responsibility for Tolls, Traffic Violations, and Other Charges. You are not responsible for paying the charging authorities directly all tolls (“Tolls”) traffic violations, parking citations, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all payments, service fees and administrative fees to the payment card you used in connection with this rental.
9. Personal Information; Telematic Devices; Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with our enforcement of our rights under this Agreement and for other legitimate business purposes. The Vehicle may be equipped with global positioning satellite technology or another telematics system, and/or an event data recorder. Your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that we may deem necessary. You should have no expectation of privacy related to your use of this Vehicle. The Vehicle also may be equipped with devices that permit you to pair your own mobile devices, and which may download your personal contacts, communications, locations or other digital data. You should delete all personal information from the Vehicle’s systems before returning it. To service your account or recover amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of the number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent at any time by contacting us in writing at the address on the Face Page.
10. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding the use of the Vehicle are voice. Our waiver of a breach of this Agreement, our acceptance of payment from you, or our failure, refusal or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. You release us, our agents, and our employees from all claims for loss of or damage to personal property that was left with us or carried in the Vehicle. If you fail to claim property left in the Vehicle for more than 3 days, we may dispose of that property in a manner we choose. UNLESS PROHIBITED BY LAW, YOU RELEASE US FROM ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL OR PUNATIVE DAMAGES IN CONNECTION WITH THIS TRANSACTION OR THE RESERVATION OR USE OF A VEHICLE. If a provision of this Agreement is deemed voice the remaining provisions are valid and enforceable.