Terms and Conditions
1. Definitions. “Agreement” means all terms and conditions found on both sides of this form, any addenda and additional materials we provide at the time of rental. “You” or “Yours” 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 your direction. All persons referred to as “you” or “you are jointly and severally bound by this agreement. “We”, “Our” or “Us” means the business named on the reverse. “Authorized Driver means the renter, the renter’s spouse, the renter’s employer and co-worker if engaged in business activity with the renter while using the Vehicle and is at least age 25, and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license. “Vehicle” means the motor vehicle identified in this Agreement and vehicle we substitute for it, all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver.
2. Rental Indemnity and Warranties. This Agreement is a contract for the rental of the Vehicle. You agree to indemnify us, defend us and hold us harmless from and against all claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental. 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. 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. 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.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all physical and mechanical damage to the Vehicle, loss of use, diminished value, missing equipment, and our administrative expenses connected with any damage claim, whether or not you are at fault. You are responsible for loss due to theft of the Vehicle and all damage due to vandalism. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful, and reckless act and is a breach of this agreement. You must report all accidents involving the Vehicle or theft of the Vehicle and/or vandalism to us within 24 hours of occurrence, and to the police as soon as discovered
5. Collision Damage Waiver. If you accept and pay for CDW upon return of the Vehicle or termination of this Agreement, we will waive our right to collect from you for physical and mechanical damage to, or loss of, the Vehicle. We will not waive this right if damage to the Vehicle results from your: (a) intentional, willful, wanton, or reckless conduct; (b) operation of the Vehicle under the influence of drugs or alcohol In violation of Section 23152 of the California Vehicle Code; (c) towing or pushing anything; (d) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions; (e) use of the Vehicle for commercial use or hire, or use in connection with conduct-that could be properly charged as a felony; (f) use of the Vehicle in a speed test or contest, or in driver training activity; (g) operation of the Vehicle by a person other than an Authorized Driver; (h) operation of the Vehicle outside the United States; (I) use of the Vehicle after you provided fraudulent information to us, or you provided false information to us and we would not have rented the Vehicle if we had received true information.
6. Insurance. You are responsible for all damage or loss you cause to the rental Vehicle or to others. You agree to provide primary auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. and uninsured or under-insured motorist coverage. Giving the Vehicle to an unauthorized driver terminates our liability insurance, if any. if a liability loss occurs, this’ agreement shall be construed according to the laws of the jurisdiction in which the loss occurred.
7. Charges. You will pay us on demand for all charges due us under this Agreement that are allowed by law, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer or its seal is tampered with or disconnected; (b) charges for additional drivers; (c) charges for optional products you elected to purchase from us; (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 retail cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect to sell the Vehicle without repairing it, plus our administrative fees incurred processing the claim; (g) all fines, penalties, forfeitures, court costs, towing, storage and impound charges, and other expenses involving the Vehicle assessed against us or the vehicle during your rental, unless these expenses are our fault; (h) 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) 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% late payment fee (or the highest amount allowed by law, if lower) on all amounts past due; (k) 1% per month interest, or the maximum amount allowed by the laws of the State of California, for monies due us but not paid upon return of the Vehicle; (I) $100, plus $15/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; and (m) except for a cleaning fee for smoking or pets as described on the front page of the rental agreement 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.
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.
9. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. Allowing a person who is not an Authorized Driver to use the Vehicle is a willful, wanton and reckless act and is a breach of this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of this Agreement.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. To extend the rental period, you must return the Vehicle to our rental office for inspection and a 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 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 reservation of a vehicle. if any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.