Rental Agreement Terms and Conditions
1. Definitions. "Agreement" means all terms and conditions found on both sides of this form. "You" or "your” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any 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 and each such person is bound by the actions of each other person signing this
Agreement. "We", "our" or "us" means the independent 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 each such person has a valid driver's license and is at least age 25. 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 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, such as 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 interior burn holes, window stars or cracks not caused by collision or upset. "Loss of use“ means the loss of our right to use the Vehicle for any purpose due to damage or loss during this
rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times the daily rental rate.
2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. 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 rental and your use of the Vehicle. 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.
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. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for damage to, or loss or theft of the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if it is not repairable or if we elect not to repair it, 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 insurance claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us, and the police, as soon as you discover them.
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; 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.
6. Insurance. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. You are responsible for all damage or loss you cause to others. Where state law requires us to provide auto liability insurance, or if you have no aut o liability insurance, we provide auto liability insurance (the "Policy") that is secondary to any other valid and collectible insurance whether primary, secon dary, 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 where the damage or loss occurs. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage 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. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any.
7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, citations, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus 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; (h) all 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) a 2% per month late paym ent fee, or the maximum amount allowed by law, on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented.
8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property 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.
10. 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.
11. 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 ou r 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. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
US Choice NC 105 - 2016
