RENTAL AGREEMENT: TERMS AND CONDITIONS
All rentals are based on a 24 hour period, except Saturday and Sunday. Please observe our hours of operation for opening and closing times on weekends.
A one day rental picked up on Tuesday at 5:00pm has to be retuned by Wednesday at 5:00pm. However; a one day rental picked up on Friday at 5:00pm has to be returned by Saturday at 4:00pm (Saturday closing time).
Renter agrees by his signature on the face hereof that he has read and is aware of the following terms and conditions concerning the use of the vehicle and accepts full responsibility, herein, this contract is the entire agreement between renter and owner. It is agreed that these terms are contractual and cannot be altered by another document or oral agreement. Owner makes no warranties: Express or implied; renter authorizes owner to verify through credit card agencies or other sources, personal and credit information provided by renter time is of the essence of this agreement as used herein “car” means automobile, van or truck , “OWNER” means or owner’s representative.
1. Ownership, condition of car, term of contract use of or operation of vehicle renter acknowledges vehicles the property of owner, although registered title may be in a third party and acknowledges received car in good physical and mechanical condition.
2. Renter agrees to return car to owner in the same condition as received, on return date stated on reverse or upon demand of owner. Ordinary wear and tear accepted.
3. Renter agrees not to use the car for transportation of persons or property for hire nor carry passengers in excess of the number of seat belts provided by the manufacturer, nor, carry passengers if truck or cargo van is rented, nor remove the seats from the vehicle if it is a passenger van, nor use in violation of any law ordinance or regulation governing the use or return thereof, nor remove from the state of rental without written consent of power.
4. Renter expressly agrees to pay owner on demand.
(A) The mileage charge computed at rate specified on the reverse for miles traveled by car during the period of rental.
(B) Service and time charges at rate specified on reverse plus other charges if applicable, even if a billing of statement or statement is sent to any other company, individual, or insurance organization, service charges may include a surcharge which represents a portion expenses owner incurs in the rental of each car. Those charges are a calculated at a percentage of mileage, time and drop charges; if the reverse of the agreement indicates ‘Calendar Day”, any fraction of calendar day shall be charged as a full day.
(C) The value of tires, tools and accessories lost or stolen from car.
(D) One hundred dollars ($100.00) or not less than one dollar ($1.00) per hour whichever is greater, in addition to all other charges the car is in possession of renter if the odometer is disconnected or tampered with.
(E) Any fine or legal violation and or parking tickets against the car driver or owner during this contract , except for owners fault.
(F) A one and one-half percent (1-1/2%) per month carrying charge on all charges not paid within thirty (30) days after the end of the rental,
(G) One hundred dollars ($100.00) fifty cents (.50) per mile whichever is greater, if the car is not returned to the original rental office without the written consent of owner.
(H) All expenses incurred by owner in the collection of monies due owner per this agreement or in regaining possession of the car or in enforcing any term or condition of this rental agreement, including attorney’s fees and costs.
(I) Damage to rented car if damage waiver is not purchased or does not apply,
5. Damage to rented car, renter is responsible for and agrees to pay owner the fair market value for replacing and/or repairing damage to the rented car, including loss or use, claim administration fees, diminishment of value, towing, storage and impound fees, and costs incurred by owner to recover the car and to establish damages regardless of fault or negligence of the renter or any person, and regardless if damages are the result of an act of God.
5A. If owner offers and renter agrees to pay an additional fee for damage waiver, if renter has initialed the space “$500.00 deductible-5A” on the reverse of this agreement except deductible and exclusions, owner agrees to waive claims against renter.
A violation of any provision of this agreement invalidates damage waiver.
If a violation exists, damage waiver is voided and renter agrees to present a claim to his insurance agent/carrier for all losses and damages which are renter’s responsiblilty damage waiver does not apply, if car is stolen or if renter driver fails to or refuses to make a report of damage to police or other lawful authorities, or to cover tire chain damages.
Customer/Renter is absolutely responsible for all overhead and side damage to box. The clearance is 12ft. No coverage’s apply.
6. Renter warrants that renter has an automobile insurance policy in force at the time of rental which shall remain in force while the vehicle is on rental. Renter's policy shall provide coverage and limits of liability
at least equal to the liability coverage and limits of liability required of the operator to satisfy any applicable compulsory or financial responsibility law. Renter's policy for automobile liability insurance shall be primary coverage. The vehicle is covered by an automobile liability insurance policy. A copy of which is available for inspection at the main office of the owner. When required by law said policy shall provide coverage and limits of liability at least equal to any applicable compulsory or financial responsibility law and shall not exceed any applicable compulsory or financial responsibility law. Insurance provided by owner is excess over any other collectible insurance, whether primary, excess or contingent. If the renter's other available insurance (whether primary, excess or contingent) is less than the applicable compulsory or financial responsibilty law limits, the renter is insured only for the amount by which the compulsory or financial responsibilty law limits exceed the limits of the renter's other insurance. Onwer's policy shall not apply.
(1) To any obligation for which the renter or any driver of the vehicle or the employer either or any insurance carrier may be held liable under any workmen's compensation or disability benefits or similiar law.
(2) To any obligation assumed by the renter or any driver under any expressed or implied contract.
(3) To any liability of renter or any driver or any emploer or either, arising while the vehicle is being used in violation of any of the limatations set forth in this agreement.
(4) Unless otherwise required by law, to injury to, or death of renter or any quest or passenger of renter while riding alighting from or getting into or on the vehicle.
(5) To loss or damge to the vehicle while on rental, whether or not due to renter's fault.
(6) To the theft of the vehicle.
Renter agrees to comply with and to be bound by all the terms,conditions, limitations, and restrictions of said policy which are hereby incorporated by reference herein and made a part of this rental agreement as fully as if set forth at length including those terms, conditions, limitations and restrictions of which no specific mention is made herein.
6A. Supplemental Liability insurance (SLI):If accepted, protects you against claims made by a third party for bodily injury and/or property damage sustained as a result of an accident while you are operating a rental vehicle. This coverage is excess over your personal auto insurance, and may duplicate coverage already available to you under your personal auto insurance, homeowner’s insurance policy, personal liability insurance policy, or other coverage available to you. Maximum coverage is the difference between your personal insurance and $1,000,000.00 combined single limit for bodily injury and property damage. Exclusions include violations of the restrictions in the rental agreement such as unauthorized drivers. A complete copy of the policy is available for your inspection from your rental agent.
7) Accidents must be immediately reported in writing to the office where the car was rented and in any event within 24 hours after the accident. Renter of driver must immediately deliver to the office from where the vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings. The renter and manners connected with any or suits.
8) If there is evidence of violation of any provision of this agreement, renter agrees to indemnify owner for all losses, damages, costs, and expenses. If renter has no insurance to cover said losses, renter agrees to pay owner for all such losses.
9) Vehicle Repairs-Renter will not permit any repair to or replacement of any part on the vehicle without a prior consent of the renting location, renter agrees to pay for all such unauthorized repairs and parts.
10) Any protection referred to in this agreement is null and void in Mexico or Canada. Renter or operator must obtain written permission and purchase special insurance prior to entering MEXICO or Canada.
11) VIOLATIONS OF THE CONTRACT: A violation of the contract shall exist if the car is used or driven:
(A) In violation of any term or condition of this agreement.
(B) By ANY PERSON UNDER THE AGE OF 25 WITHOUT OWNER’S WRITTEN PERMISSION, OR BYANYONE WHO HAS GIVEN A FICTIOUS NAME OF FALSE AGE OR ADDRESS.
(C) For any illegal purpose, in a race, speed contests, to tow a vehicle or trailer.
(D) by any person if there is reasonable evidence they were under the influence of NARCOTICS, INTOXICANTS, or DRUGS.
(E) by any person other than renter without written consent of owner,
(F) Outside the state of rental without written consent of owner.
(G) under authority of any license other than his own. Renter warrants that the license shown owner at the time car is rented is his own and fully valid.
(H) if renter or driver leaves the car unlocked or fails to secure the keys.
(I) other than a paved public highway, private road or driveway.
(J) in a reckless or impudent manner of if the car is deliberately damaged.
(K) or if the renter misrepresents facts to owner pertaining to rental, use, or operation of the car.
(L) NO COVERAGE APPLIES to any ROOF DAMAGE to any rented vehicle. Customer/Renter is absolutely responsible for all overhead, roof and side damage to box. The clearance is 12 ft. NO COVERAGES APPLY.
12) Upon termination of renter’s right to operate said vehicle by reason of violation of any condition herein stated renter agrees to cease using said vehicle to notify owner, and to pay all expenses incurred by owner in returning vehicle to place of rental and agrees any continued operation of vehicle after a violation is an operation without the knowledge, consent or permission of owner may notify police said vehicle has been stolen and renter releases and discharges owner from any liability and all claims of any nature arising therefrom. Owner has the right to seize without legal process of notice to renter said vehicle at any time or place and renter waives all claims for damages connected with such seizure.
13) Renter’s indemnity provision: Renter shall defend, indemnify and hold owner harmless from all losses, liability, damages, injuries, claims, demands, costs and expenses connected with the possession or use of the rental, car including claims of unauthorized sale of the vehicle of confiscation of the vehicle by governmental authority, for any unlawful of improper use.
14) All charges are subject to final audit.
15) Renter authorizes owner to submit for payment credit card vouchers if a credit card has been presented as a means of deposit or security at the time vehicle was rented, including if any third party to whom a billing was directed refuses to make payment.
16) Power of attorney: Renter hereby grants and appoints to owner a limited power of attorney to present insurance claims for property damage renter’s insurance carrier if the rented vehicle is damaged during the term of this rental agreement; and to endorse renter’s name on insurance payments for charges of damages.
17) If any provision of this rental agreement is unlawful, contrary to public policy, void or unenforceable, remaining provisions shall continue in full force and effect.