1.Definitions.
„Agreements means all terms an conditions found in this form an addenda am any additional materials you sign or we provide at the time of rental. “You” or “your” means the person identified as the renter and any person of organization to whom charges are billed by us at its or the renter´s direction. All persons are referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the business organization named in this Agreements. “Authorized Driver” means the renter and any additional drivers listed by us on this Agreement, provided that each such person has a valid driver´s license and is least age 21. “Vehicle” means the automobile or truck indentified in this Agreement an any substitute therefore, and all its tires, tools, accessories, equipment, keys and vehicle document. “CDW” means Collision Damage Waiver. “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 amount calculated by multiplying the number of days from the date the Vehicle is damaged until it is 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 an hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental an 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 particular purpose.
3. Condition an Return of the 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 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 all damage to, or loss or theft of, the Vehicle, loss of use of the Vehicle while it is being repaired, diminished value of the Vehicle caused by damage to it or repair of it, missing equipment and a reasonable charge to cover our administrative expenses connected with any damage 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. Damage Waiver. If you purchase CDW, and pay for it on termination of this Agreement, we waive our right to collect from you for a portion of Physical Damage to the Vehicle. CDW is not insurance. We will not waive our right to collect from you if damage to the Vehicle:
(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 any drug
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 during the commission of any crime, other
than a minor traffic violation;
(e) occurs while carrying persons or
property for hire, while pushing or towing anything, during any race, speed
test or contest, or, while teaching anyone to drive;
(f) results from
carrying dangerous or hazardous items or illegal materiel;
(g) results from
use of the Vehicle outside the geographic limitations indicated in this
Agreement;
(h) is caused by driving on unpaved roads;
(i) occur while
transporting more persons than the Vehicle has seat belts, while carrying
persons outside the passenger compartment, or while transporting children
without approved child safety seats as required by law;
(j) occurs when
the odometer has been tampered with or disconnected;
(k) occurs when the
vehicle´s fluid levels are low, or it is otherwise reasonable to expect you
by inadequately secured cargo;
(l) is caused by inadequately secured cargo;
(m) is caused, where applicable, by anyone who lacks experience operating a
manual transmission;
(n) results from your willful, wanton or reckless act
or misconduct. Your purchase of CDW is void if you fail to notify us an the
police of any accident involving the Vehicle.
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 auto liability insurance, we provide auto
liability insurance (the “Policy”) that is secondary 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 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. Our insurance 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 your purchased;
(d) fuel, if you return the Vehicle with less fuel than when rented;
(e)
applicable taxes;
(f) loss of, or damage to, the Vehicle. which includes the
cost of repair, or the actual cash retail value of the Vehicle on the date
of loss if the Vehicle is not repairable or if we elect not to repair the
Vehicle, 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 claim;
(g) all parking, traffic and toll violations, fines, 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;
(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
or defending our rights under this Agreement;
(j) a 2% per month late
payment fee, or the maximum amount allowed by law, on all amounts past due;
(k) 1.5% per month interest, or the maximum amount allowed by law, on monies
due us but not paid upon return of the Vehicle;
(l) $ 50, plus $ 5/mile for
every mile between the renting location and the place where the Vehicle is
returned or abandoned, plus any additional recovery expenses we incur;
(m) $
25 or the maximum amount permitted by law, whichever is greater, if you pay
us with a check returned unpaid for any reason; and
(n) a reasonable fee not
to exceed $ 150 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 of 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. Breach of Agreement.
The acts listed in § 5, above, are prohibited uses of the Vehicle an breaches of this Agreement, you are liable for all damage to, or loss of, the Vehicle caused by your breach. Your 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.
11. 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.
12. 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 you 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 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.