RENTAL AGREEMENT TERMS AND CONDITIONS
1. Definitions. “Agreement” means all terms and conditions found on both side of this form, any addenda and any additional materials we provide at the time of rental. “You” or “your” means the person identified as the renter on page 2, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renters direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the Independent Car Rental System member names on page 2. “Authorized Driver” means you and any additional driver approved by us and listed by us on this Agreement, provided that person has a valid driver’s license an, is at least 21 years of age. “Vehicle” means the automobile or truck identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. “CDW” means Collision Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. Physical Damage excludes burn holes interior, windows starts or cracks not caused by collision or upset. “Loss of use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired times the daily rental rate.
2. Rental. This Agreement is a contract for the rental of the Vehicle. We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchant ability and no warranty that the vehicle is fit for a particular purpose. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned used in violation of law or 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.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels.
4. Responsibility for Damage or loss. Reporting to Police. You are responsible for all damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the Vehicle’s value caused by damage to it or repair of it, missing equipment, and reasonable charge to cover our administrative expenses connected with damage claim, regardless of whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the Vehicle to us within 24 hours for occurrence. All property left inside the vehicle when returned will be held for 14 calendar days. Following thereafter, we possess all responsibility to the property. The merchandise will only be disbursed after the balance owed is paid in full.
5. Damage Waiver. If you elect to purchase CDW, and if CDW is not voided, we waive our right to collect from you for a portion of Physical Damage to the Vehicle. Vehicle is used: (i) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the Vehicle is extended the rental period by giving us false, fraudulent or misleading information; (vi) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law; (v) to carry persons or property for hire; (vi) to push or tow anything; (vii) in any race, speed test or contest;(viii) to teach anyone to drive; (ix) to carry dangerous or hazardous items or illegal material; (x) outside the geographic limits shown on page 2; (xi) when loaded beyond its capacity; (xiv) to transport children without approved child safety seats as required by law; (x) when the odometer has been tampered with or disconnected; (xvi) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (xvii) when the vehicle’s fluid levels are low, or its otherwise reasonable to expect you know that further operation would damage the vehicle; (xviii) in manner that causes damage to the vehicle due to inadequately secured cargo; (xix) where applicable, by anyone who lacks experience operating a manual transmission; or (b) you commit a willful, wanton or reckless act with the vehicle, including giving the vehicle to someone other than an Authorized Driver, or by failing to summon the police to any accident involving personal injury or property damage; (c) damage to the Vehicle is caused intentionally or by your wanton, willful or reckless conduct or misconduct; or, (d) damage is caused by any animal transported in the Vehicle.
6. Liability Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability insurance covering you, us and the Vehicle. If you have auto liability insurance, excess to any insurance you may have, under a policy of insurance (the “Policy”). 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 where the damage or loss occurs. You and we reject PIP, no-fault or uninsured or under insured motorist coverage, where permitted by law. Coverage applies only in the insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are in excess of, or excluded from, the protection provided you, if any, under the Policy.
7. Charges. You will pay us on demand for all changes due us under this Agreement including, but not limited to,: (a) time and mileage for the period during which you keep the Vehicle or a mileage charged based on our experience if the odometer or its seal is tampered with or disconnected; (b) charges for additional drivers; (c) charges for the optional services you elected to purchase; (d) gasoline, if you return the Vehicle with less gasoline than when rented; (e) applicable sales, use and other taxes; (f) loss of, or damage to, the Vehicle, which includes the cost of repair, or the rental value of Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle’s value caused by damage to it or repair of it, and our administrative fees incurred processing the claim: (g) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessing against us or the Vehicle during your rental, unless these expenses are our fault; (h) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement: (i) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (j) a 2% per month late payment fee, or the maximum 9% allowed by law on all amounts past due; (k) 1½% per month interest, or the maximum amount allowed by law, (if lower than 1½%) on monies due us but not paid upon return of the Vehicle; (l) a minimum of $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any addiction recovery expenses we incur; and (m) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check backed by insufficient funds; and (n) a reasonable fee to clean the Vehicle if returned less clean than when rented; o) cancellations: if the cancellation request is received more than seven days prior to rental date, no fee is assessed. If cancellation request is received less than seven days prior to your rental date, a non-refundable administrative fee equal to a one day rental but not exceeding $100 (amounts based on rental rates) will be owed by you upon cancellation.
8. Breach of Agreement/Payment Type. The acts listed in paragraphs 5(a), 5(b), 5(c), and 5(d), above, are breaches of this Agreement. If you breach this Agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach. Allowing a person who is not an Authorized Drive to drive the Vehicle is a willful, wanton and reckless act and is a breach of this agreement. Debit and Credit Cards will be accepted for rental payments. We may electronically debit your account for the principal amount owed. We may also generate a draft or electronically debit your account for the services amount owed as allowed by law.
9. 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.
10. Miscellaneous. No waiver by us of any breach of this Agreement will constitute 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 will not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.