1. Definitions. „Agreement“ means the Terms and Conditions on this page and the provisions found on the Face Page, and the General Rental Terms that you agree to on our website. „You“ or „your“ means the person identified as the renter in this Agreement, 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. „We“, „our“ or „us“ means Rental Operator. „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 each Additional Driver listed by us on this Agreement, provided that, each such person has a valid driver’s license and is at least age 21. Authorized Drivers are the only persons permitted to drive the Vehicle. “Additional Driver” means a person we list on the Face Page of this Agreement. „Vehicle“ means the motor vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents, but “Vehicle” does not include portable navigation devices or child safety seats that you rent from us. The Vehicle may be equipped with an electronic locator device that allows us to find the Vehicle and to disable it if we deem necessary. The electronic locator device may use cellular telephone or radio signals to transmit data, and therefore your privacy cannot be guaranteed. “LDW“ means Loss Damage Waiver. 2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. We may terminate this Agreement and repossess the Vehicle at your expense without notice to you, if you breach this Agreement or 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 identify, 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 to any other office or location or left somewhere other than the office or location identified by us, you remain responsible for the safety of and any damage to the Vehicle until we inspect it. In addition, you authorize us to charge your credit or debit card a one-way charge or service fee plus any additional costs incurred by us in the return of the Vehicle. 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, check that the Vehicle is in a roadworthy condition, lock the Vehicle at all times when you are not operating the Vehicle, and return the Vehicle with at least the same amount of fuel as when rented. The purchase of optional insurance products is not required to rent the Vehicle. Optional insurance products that we sell may provide coverage that duplicates coverage provided by your personal automobile liability policy or by another source of coverage. We are not qualified to evaluate the extent of your existing auto liability coverage. Optional insurance products are provided under individual policies issued to you, or issued to you under a group or master policy issued to us by an insurer authorized to transact the applicable insurance business in the State of California. A140366_Terms_and_Conditions_California.indd 1 23.06.14 08:264. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Parking Violations. You are responsible for all damage to and loss of the Vehicle caused by collision whether or not you are at fault. Your responsibility will include: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) an administrative fee in accordance with Cal. Civil Code § 1936; (c) our actual charges for towing, storage, and impound fees; and (d) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You are also responsible for missing equipment. You are responsible for loss due to theft of the Vehicle and all damage due to vandalism that occurs in connection with a theft, if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. 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 and incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, toll fees, fines for toll evasion, and other fees, fines and penalties assessed against you, us, or the Vehicle during this rental, except that we will be responsible for any fines assessed against you, us or the Vehicle that are based solely on the Vehicle’s lack of toll transponder. If you fail to pay any of these charges and we pay any part of them, you will reimburse us for all such charges and, in addition, pay us an administrative fee of $30 for each such charge. 4a. FasTrak Toll Service. If you elect to purchase FasTrak Toll Service (“TX”), you may use toll lanes within California (referred to in this Agreement as “Toll Lanes”) an unlimited number of times without paying tolls. The TX fee is payable to us even if you do not use a Toll Lane during this rental. We will not give credit against the TX fee for cash toll payments. If you elect not to purchase TX and you drive through a Toll Lane, you will pay us $10 plus the applicable toll fee for each time you drive through a Toll Lane during your rental. 4b. Child Safety Seat. If you rented a child safety seat from us, you have the sole responsibility to properly install the seat. The seat is rented “AS IS.” We make no warranties, express, implied or apparent, regarding the seat, no warranty of merchantability and no warranty that the seat is fit for a particular purpose. You are responsible for all injury or damage arising out of, or related to your use of the child safety seat. 5. Loss Damage Waiver; Prohibited Use of the Vehicle; Breakdown Assistance. If you purchase LDW, we waive your responsibility for damage to or loss of the Vehicle. LDW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card. LDW does not apply to optional equipment (“Optional Equipment”) we rent to you for use in the Vehicle. Your LDW will be invalidated, and we will not waive our right to hold you responsible for loss of or damage to the Vehicle if you provided false or fraudulent information to us and we would not have rented the Vehicle had we received true information, or if damage to the Vehicle results from: (a) your intentional, willful, wanton, or reckless conduct; (b) operation of the Vehicle under the influence of drugs or alcohol in violation of § 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 hire; (f) use of the Vehicle in connection with conduct that could be properly charged as a felony; (g) use of the Vehicle in a speed test, contest, or driver training activity; (h) operation by a person other than an Authorized Driver; or, (i) operation outside the United States. The acts described in subparagraphs 5(a)-5(i) are prohibited uses and material breaches of the Agreement. Notwithstanding the purchase or other availability of LDW or any other coverage that you Rental Operator - Rental Agreement, Terms & Conditions A140366_Terms_and_Conditions_California.indd 2 23.06.14 08:26may have, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim, of any size. Failure to do so may invalidate optional protection that you purchase, including LDW. In the event of a loss due to theft of the Vehicle, we will not waive your responsibility for the loss unless you return to us all the Vehicle keys or ignition devices we gave you at the time of rental. 5a. Excluded Damage or Loss. Even if you purchase LDW and do not violate paragraph 5(a)-(o), you will be responsible for the following: the cost of replacing the keys or key fob and the cost of delivering replacement keys or key fobs or towing the Vehicle to the nearest Sixt location if you lose the keys or key fob to the Vehicle; the cost of delivering replacement keys or key fob or towing the Vehicle to the nearest Rental Operator location if you lock the keys or key fob in the Vehicle and request assistance from Sixt, flat tire service, and jumpstarts. 5b. Roadside Assistance. If you purchase the optional Roadside Assistance, we will provide you with 24/7 breakdown assistance (where available) without additional charge. Roadside Assistance includes replacement of lost keys or key fobs, flat tire service, jumpstart, and key lockout services. When deciding whether to purchase Roadside Assistance, you may wish to check whether you have you have other coverage for the services. Roadside Assistance is not insurance. Roadside Assistance is void if you are in breach of this Agreement, including the prohibited uses in paragraph 5. 6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. 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 financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. The Policy applies only in the United States or Canada, and the Vehicle may not be taken into Mexico under any circumstances. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver; if you materially breach any other term of this Agreement; or if you fail to cooperate in any loss investigation conducted by us or our insurer. You grant us a limited power of attorney to present claims to your insurance carrier for damage to or loss of the Vehicle that occurs while you are responsible for the Vehicle. 7. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including the charges and fees shown on the Face Page and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) all expenses we incur locating and recovering the Vehicle if you fail to return it, return it to a location or office other than the location or office identified by us, or if we elect to repossess the Vehicle under the terms of this Agreement; (c) 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; (d) a 2% per month late payment fee or the maximum amount allowed by law on all amounts past due; (e) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (f) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented or if there is evidence of smoking in our Vehicle; and, (g) towing, storage charges, Rental Operator - Rental Agreement, Terms & Conditions A140366_Terms_and_Conditions_California.indd 3 23.06.14 08:26forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental. Special rental rates, vehicle category upgrades or any equipment or services provided to you free of charge only apply to the initially agreed upon rental period: If you return the Vehicle after the Due-In date, you may be charged the standard rates for each day (or partial day) after the Due-In date, which may be substantially higher than the rates for the initially agreed rental period. You also may be charged the standard fees for each day (or partial day) after the Due-In date for any equipment or services provided to you without charge for the initially agreed upon rental period. 8. Deposit. You permit us to reserve against your credit or debit card at the beginning of the rental an amount up to three times the estimated total charges as a deposit. For Vehicles in the executive or luxury categories you authorize us to reserve up to $5,000 against your credit or debit card. We may use your deposit to pay any amounts owed to us under this Agreement. The deposit amount does not limit in any way the total amount 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. Breach of Agreement. The acts listed in Paragraph 5 are prohibited uses of the Vehicle and breaches of this Agreement. YOU WILL BREACH THIS AGREEMENT IF YOU ALLOW ANY PERSON OTHER THAN THE RENTER OR AN AUTHORIZED DRIVER TO OPERATE THE VEHICLE. IF AN UNAUTHORIZED DRIVER DAMAGES THE VEHICLE OR INJURES OTHERS, WE WILL HOLD YOU RESPONSIBLE FOR THE DAMAGE. If you breach this Agreement we have the right to disable the Vehicle to the extent permitted by applicable law. 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. 11. Modifications. No term of this Agreement can be waived or modified except by a writing signed by one of our expressly authorized representatives. Rental Operator counter representatives are not authorized to waive or change any term of this Agreement. 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. Waiver; Jurisdiction. 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 the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. If we determine that a lawsuit must be filed against you to resolve a dispute, you consent to be sued in an appropriate State or Federal court in Dade County, Florida. 13. By signing this Agreement you agree to Rental Operator - Rental Agreement, Terms & Conditions Summary of the National Casualty Company Supplemental Liability Insurance Policy A140366_Terms_and_Conditions_California.indd 4 23.06.14 08:26the Terms and Conditions of future rental agreements with us or other companies of the Rental Operator, PROVIDED THAT the laws of the country or other jurisdiction permit this acceptance.