DEFINITIONS.
“Agreement” means all terms and conditions set forth herein, including any addenda and any additional materials provided at the time of rental. “Renter,” “you,” or “your” means the person identified as the renter on Page 1, any person signing this Agreement, any Authorized Driver, and any person or entity to whom charges are billed at the renter’s direction. All such persons shall be jointly and severally liable under this Agreement. “Owner,” “we,” “us,” or “our” means the Rental Agent identified on Page 1. “Authorized Driver” means the Renter and any additional driver expressly approved by Owner and listed in this Agreement, or otherwise authorized by applicable law, provided such person possesses a valid driver’s license and meets minimum age requirements. “Vehicle” means the automobile identified in this Agreement, including any replacement vehicle, and all tires, tools, accessories, equipment, keys, and documents. “Loss of Use” means the loss of rental value calculated based on the period the Vehicle is unavailable due to damage or repair.
This Agreement constitutes a contract for the rental of the Vehicle. THE VEHICLE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Owner reserves the right to repossess the Vehicle, at Renter’s expense and without prior notice, if the Vehicle is abandoned or used in violation of this Agreement or applicable law. Renter waives any and all claims against Owner arising from such repossession or from any criminal complaint initiated due to Renter’s breach.
Renter shall return the Vehicle to the location designated by Owner, on the date and time specified, in the same condition as received, ordinary wear and tear excepted. Renter shall not authorize or perform any repairs, alterations, or replacements without Owner’s prior written consent. Renter agrees to monitor and maintain all necessary fluid levels during the rental period.
Smoking is strictly prohibited in the vehicle. This prohibition includes, without limitation, cigarettes, cigars, electronic cigarettes, vaping devices, and marijuana. Evidence of smoking shall include, but not be limited to, odor, ash, residue, or burn damage. Upon determination of such evidence, Renter shall be liable for a smoking fee of $200.00, in addition to any further remediation costs.
Pets are strictly prohibited in the Vehicle. Evidence of pets shall include, but not be limited to, hair, dander, stains, or odor. Upon determination of such evidence, Renter shall be liable for a pet fee of $200.00, in addition to any additional cleaning or damage-related costs.
Renter shall return the Vehicle in a clean and sanitary condition. If the Vehicle is returned in a condition requiring cleaning beyond standard turnover (including, but not limited to, trash, stains, spills, mud, sand, odors, or biohazards), Renter shall be liable for a minimum cleaning fee of $150.00, plus any additional costs reasonably incurred.
Owner’s determinations under this section shall be made in its sole and reasonable discretion. Renter agrees that photographs, video recordings, inspection reports, invoices, and written documentation shall constitute sufficient and binding evidence of any violation, except where prohibited by law. All fees assessed under this section are cumulative and shall not limit Owner’s right to recover additional damages.
Renter assumes full responsibility for any and all damage to, loss of, or diminution in value of the Vehicle occurring during the rental period, regardless of fault, except to the extent prohibited by law. This responsibility includes, without limitation, costs of repair or replacement, Loss of Use, diminished value, towing, storage, administrative expenses, and recovery costs.
Owner may determine the amount of loss or damage based on repair estimates, invoices, appraisals, or industry-standard valuation methodologies, all of which shall be deemed conclusive evidence of the amount owed.
Renter shall immediately report any accident, theft, vandalism, or damage to Owner and to appropriate law enforcement authorities where required. Failure to timely report may result in additional liability and/or void any applicable coverage.
Renter represents and warrants that they maintain valid automobile liability insurance covering the Vehicle, Owner, and all Authorized Drivers. Owner does not provide liability insurance except where required by law, and any such coverage shall be secondary and limited to minimum statutory requirements. Coverage is void in the event of any breach of this Agreement. Renter agrees to indemnify, defend, and hold Owner harmless from all claims, liabilities, damages, and expenses exceeding or excluded from such coverage.
Renter is permitted a maximum of two hundred (200) miles per rental day (“Daily Mileage Allowance”). Any unused mileage may not be carried forward or accumulated unless expressly agreed to in writing by Owner.
In the event the total mileage driven during the rental period exceeds the aggregate Daily Mileage Allowance, Renter shall be liable for an overage charge of $0.40 per mile for each mile in excess of the permitted limit.
Mileage shall be determined based on the Vehicle’s odometer readings recorded at the commencement and conclusion of the rental period. In the event of odometer malfunction or discrepancy, Owner may reasonably estimate mileage based on GPS data, trip history, or other available information, and such determination shall be binding absent manifest error.
All mileage overage charges shall be due and payable upon return of the Vehicle and may be charged to Renter’s payment method on file in accordance with this Agreement.
Renter agrees to pay, upon demand, all charges arising under this Agreement, including but not limited to rental fees, damages, Loss of Use, fines, tolls, penalties, recovery expenses, administrative fees, and legal costs.
All charges are final, non-negotiable, and not subject to offset or reduction once supported by documentation as provided herein.
Any unpaid balance shall accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less.
Renter expressly authorizes Owner to charge any payment method provided for all amounts due under this Agreement.
In the event of non-payment, declined payment, or disputed charges, Owner may pursue all lawful remedies, including referral to collections agencies and initiation of legal proceedings.
Renter agrees not to initiate or pursue any chargeback or payment dispute for charges validly assessed under this Agreement. In the event of a dispute, Owner’s records, including photographs, videos, invoices, inspection reports, and related documentation, shall be deemed sufficient evidence of the validity of such charges.
Renter shall be liable for all costs incurred in the collection of unpaid amounts, including but not limited to collection agency fees, court costs, filing fees, and reasonable attorney’s fees. Owner reserves the right to report delinquent accounts to credit reporting agencies as permitted by law.
Owner may apply any deposit toward amounts owed under this Agreement without notice.
Any breach of this Agreement shall render Renter fully liable for all resulting damages, losses, and expenses incurred by the Owner.
This Agreement may not be amended, modified, or waived except by a written instrument signed by Owner.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. To the fullest extent permitted by law, Renter waives any claim for consequential, incidental, or punitive damages. This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.
Any of the following shall constitute a material breach of this Agreement and may result in termination of the rental and voiding of any coverage: operation by an unauthorized driver; operation under the influence of drugs or alcohol; reckless or off-road driving; overloading the Vehicle; use for illegal purposes; use for hire or racing; unauthorized towing; provision of false information; operation outside permitted geographic areas; or failure to secure the Vehicle resulting in theft.