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RENTAL AGREEMENT
Vehicle Rental Terms and Conditions
The rental operators customers must comply with all applicable terms and conditions of this Rental Agreement.
- Rental Agreement (“RA”). The terms and conditions listed below and other vehicle rental transaction documents, the membership terms and conditions and a return record with computed fees and charges shall collectively constitute the RA between you and the rental operator. for the vehicle selected by you at the time of rental.
- Vehicle. Vehicle means the vehicle selected and rented to you and its replacement, including all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the vehicle (“vehicle”).
- Who May Drive the Vehicle – Authorized Driver. Only you, your spouse or domestic partner, a full time fellow employee incidental to your business duties during the rental period or an additional driver specifically qualified and authorized, at the time of rental, by the rental operator to drive the vehicle may drive the vehicle, but only with your express prior permission (“authorized driver”). You represent that you and any authorized driver are capable and validly licensed drivers. Any authorized driver of the vehicle must be at least 22 years old and must be a capable and qualified driver in possession of validly issued driver’s license, which is in good standing under the laws of the issuing jurisdiction. You agree that the rental operator has the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing and that the rental operator may refuse to rent to you, terminate the RA or refuse to allow others to drive the vehicle, if the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted.
- Time for Return of the Vehicle. You must return the vehicle on the date and at the time indicated in the RA and you must return the vehicle immediately on demand from the rental operator. Failure to return the vehicle at the time provided for in the RA or as demanded by the rental operator will result in you being in violation of the RA and in unlawful possession of the vehicle and the rental operator may then seek to have a warrant issued for your arrest and the arrest of any person in possession of the vehicle. State laws generally make unauthorized possession of a vehicle a crime punishable by fines, imprisonment or both. If you return the vehicle earlier or later, a higher rate may apply and, if you return the vehicle later, you may also be charged a late return fee. You may not return the vehicle at a time when the rental operator location is closed. If you do, your responsibility for loss of or damage to the vehicle will continue and all charges stated in the RA as a periodic rate will continue to accrue until the rental operator location reopens and the rental operator checks the condition and retakes possession of the vehicle. If the rental operator does not find the vehicle when that rental operator location reopens, your responsibility for all charges and for the loss of or damage to the vehicle will continue until the vehicle is actually returned to or recovered by rental operator. If you wish to extend any rental you must contact rental operator before your return date as specified in the RA at 855-359-2227 and request an extended return date, which rental operator may or may not grant at rental operator sole discretion. If rental operator does grant an extension, a different or higher rate and a service/administrative fee of up to $100 may apply to the extension period.
- Condition of the Vehicle upon its Rental from and Return to rental operator. You are required to inspect the interior and exterior of the vehicle prior to leaving the rental operator location to determine if the vehicle has any damage and to report any such vehicle damage to the rental operator prior to leaving the rental operator location and then to return the vehicle to the rental operator in the same condition as when you received it, normal wear and tear excepted.
- Place for Return of the Vehicle. The vehicle must be returned to the rental operator location specified in the RA. If the return location indicated is other than the rental location, you may have to pay a one way service fee. If you return the vehicle to a location different from the agreed return location, without the rental operator’s prior permission, you agree to pay any applicable unauthorized return location fees specified by the rental operator.
- Prohibited Use of the Vehicle. It is a violation of this RA if you use or operate or permit the vehicle to be used or operated:
a) by anyone not an authorized driver, as per Section 3 of this RA;
b) by anyone who has provided false or fraudulent information to the rental operator and the rental operator would not have rented the vehicle or approved the individual as an authorized driver if the rental operator had received true or accurate information;
c) to carry persons for hire or for other commercial use; to tow or push anything;
d) in a speed test or contest; in a driver training activity; or on unpaved roads;
e) by anyone who is under the influence of alcohol, drugs or other substance likely to impair the driver’s judgment or driving ability;
f) in connection with conduct that could properly be charged as a felony;
g) in an intentional, willful or reckless manner, such as;
(i) when the vehicle is loaded beyond its rated capacity; or contains dangerous or illegal materials or substances;
(ii) with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;
(iii)transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by the rental operator or yourself;
(iv)while texting, emailing or using a cellular phone or other mobile communication device;
(v) when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle; or
h) in Mexico.
- Additional Violations of the RA: It is also a violation of the RA if you or any other driver:
a) fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to the rental operator and to the local police authorities;
b) fails to promptly provide the rental operator or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with the rental operator’s or the police authority’s investigation efforts;
c) fails to fully and promptly cooperate with the rental operator in any claim process or legal proceeding resulting from an accident or claim involving the vehicle;
d) fails to remove the keys (excluding valet parking situations) or to close and lock all doors, or fails to close all windows and the trunk when the vehicle is left unattended and the vehicle is then stolen or vandalized;
e) allows smoking in the vehicle (including but not limited to cigarette, cigar, pipe, marijuana and any type of vaping);
f) allows pets, other than certified assistance animals, in the vehicle without use of a the rental operator approved seat protector as described in Section 14;
g) drives the vehicle while too sleepy or drowsy to safely operate the vehicle; or,
h) fails to return the vehicle on the date and at the time indicated in the RA or immediately on demand from the rental operator.
- Miscellaneous Charges. You will pay for the period of time you have possession of the vehicle at the rate indicated in the RA, plus, if applicable, the number of miles you drive. The minimum charge is one 24 hour day, plus mileage, if applicable. the rental operator will determine the miles driven from the vehicle odometer at time of rental and at time of return. The daily charge applies to consecutive 24 hour periods starting with the time of rental. You will also pay all charges that apply to the rental for early and late return, for additional and underage drivers, for car seats and other miscellaneous services and for airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and other fees and surcharges specified in the RA, as well as for all applicable taxes and tax-related surcharges.
- Late Return Additional Charges. The daily rental charge is based on a 24 hour rental period starting with the time of rental. If the vehicle is returned 59 minutes or less beyond the end of the 24 hour rental period, there will be no additional charge. If the vehicle is returned more than 59 minutes but less than 119 minutes beyond the end of the 24 hour rental period, there will be an additional charge equal to 25% of the daily rental rate charged in the RA plus 25% of any charges in the RA for insurance, additional services or other miscellaneous charges. If the vehicle is returned more than 119 minutes but less than 179 minutes beyond the end of the 24 hour rental day period, there will be an additional charge equal to 50% of the daily rental rate charged in the RA plus 50% of any charges in the RA for insurance, additional services or other miscellaneous charges. If the vehicle is returned more than 179 minutes but less than 239 minutes beyond the end of the 24 hour rental period, there will be an additional charge equal to 75% of the daily rental rate charged in the RA plus 75% of any charges on the RA for insurance, additional services or other miscellaneous charges. If the vehicle is returned more than 239 minutes beyond the end of the 24 hour rental day period, there will be an additional charge equal to 100% of the daily rental rate charged in the RA plus 100% of any charges in the RA for insurance, additional services or other miscellaneous charges.
- Loss Damage Waiver. Loss Damage Waiver or Collision Damage Waiver (“LDW” or “CDW”) is not insurance and is not mandatory. If you accept LDW, you will be responsible to pay the daily LDW rate for each full or partial day that the vehicle is rented to you or otherwise in your possession. If you accept and pay for LDW and are not in violation of the RA, the rental operator will assume all loss of or damage to the vehicle, except for loss or damage caused by any prohibited use specified in Section 7 and 8 of this RA, where permitted by applicable state law.
- Loss of or Damage to the Vehicle. The Manufacturer’s Suggested Retail Prices (as of January 9, 2019) of the vehicles that may be available from the rental operator and subject to this RA are as follows: (i) Audi A4 ($47,290 to $55,490); (ii) Audi Q5 ($44,540 to $55,440); (iii) Audi A5 ($52,790 to $60,890); and (iv) Audi Q7 ($55,095 to $70,290). If you do not accept LDW (as defined in Section 11), or if you accept LDW but the vehicle is lost or damaged as a result of a prohibited use specified in Section 7 or 8 of this RA, you will be responsible to pay the rental operator for all loss of or damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, the rental operator’s Incidental Costs, as noted below. Your own insurance, or the issuer of a credit card you use to pay for the rental transaction, may cover all or part of your financial responsibility for the vehicle. However, there may be limits on what your insurance or credit card issuer will cover related to the MSRP of the rental vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage (if any), when it applies, if making a claim thereunder will impact renewal, any limits on coverage, and the amount of any applicable deductible. If the vehicle is damaged, you will pay the rental operator’s estimated repair costs, or if the rental operator decides to sell the vehicle in its damaged condition, you will pay the rental operator the difference between the vehicle’s fair market value before it was damaged and the actual sale proceeds received by the rental operator . You may, where and to the extent permitted by applicable state law, also be liable to the rental operator for loss of use of the vehicle (which is the number of days it takes to repair the vehicle and return it to rental condition times the applicable daily rental rate less any saved expenses); diminished vehicle value (which is the difference between the fair market value of the vehicle before it was damaged and after it is repaired); towing and storage charges, and any other related costs and expenses incurred by the rental operator (collectively “Incidental Costs”); plus an administrative fee of up to $150. If the vehicle is stolen and not recovered within 30 days you will pay the rental operator the vehicle’s fair market value before it was stolen plus an administrative fee of up to $150. If your responsibility to the rental operator is covered by insurance, you will provide the rental operator with the name of the insurer, your policy number and contact information for the insurer and you authorize the rental operator to submit a claim for any of the rental operator’s losses or damages, including Incidental Costs and any administrative fees to your insurance company upon completion of your rental. However, you remain liable to the rental operator for any losses sustained by the rental operator in excess of what your insurance covers. Additionally, you agree to pay the rental operator for any deductible or other amounts due to the rental operator that is not covered by your insurance or paid to the rental operator by your insurance company.
- Fuel Service Charge. All vehicles are rented with a full tank of fuel and the rental operator requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, the rental operator will charge you a fuel service charge at the applicable rate specified in the RA. To calculate this charge, the rental operator will calculate the number of gallons of fuel needed to refill the vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of premium fuel in the area plus a $9.95 service fee.
- Cleaning Fees; Pets. the rental operator maintains a clean and smoke free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke free condition. You will pay a $300 to $500 fee (“Cleaning Fee”) for cleaning the vehicle’s interior and exterior upon its return if there are any unusual stains, smells (including cigarette, cigar, pipe, marijuana and/or vaping smells), or an unusual amount of dirt or soil in the vehicle. If you want to transport pets, other than certified assistance animals, in the vehicle, you must reserve a the rental operator seat protector and/or receive written approval from the rental operator of your use of a seat protector; failure to do so will subject you to the Cleaning Fee. However, damage to the vehicle caused by any pet or assistance animal, even if you used an approved seat protector, will be subject to the Cleaning Fee.
- Key and Owner’s Manual Replacement Costs. You will be responsible for the costs incurred by the rental operator to replace the key(s) to the vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle to the rental operator . If the owner’s manual is provided in the vehicle and is not returned, you will be responsible for the costs incurred by the rental operator to replace the manual plus an administrative fee of up to $100.
- Traffic/Parking Violations. You are responsible for and will pay any and all traffic and parking violations while you are in possession or control of the vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees due to the governing municipality. In addition, you will be responsible for all costs and expenses incurred by the rental operator, including reasonable attorney fees, plus an administrative fee of up to $100 per violation.
- Liability Insurance/Protection. An authorized driver of the vehicle, as those terms are defined by the RA, may, under certain circumstances, be considered an insured under certain the rental operator insurance policies. Except where required by law to be primary, any insurance protection provided by the rental operator shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the vehicle causes “bodily injury” or “property damage” (as those terms are defined in the rental operator’s pertinent insurance policies) to others. The rental operator provided insurance protections shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of the RA, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. the rental operator has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both. A copy of the rental operator’s liability insurance policy and/or self-insurance certificate is available for your inspection, upon reasonable prior notice, at the rental operator’s headquarters or other location designated by the rental operator.
- Waiver of Liability Insurance/Protection. Unless required by governing law, the rental operator will not provide (and you waive) liability insurance protection for: (a) your death, bodily injury or damage to your property or other property within the vehicle; or (b) the death, bodily injury or property damage of any member of your family, the vehicle’s driver’s family or a fellow employee of you or the driver. Unless required by governing law, the rental operator will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, then such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, you and the rental operator reject and waive for you and all other passengers in the vehicle, any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance.
- Supplemental Liability Insurance (SLI) & Exclusions. Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from the rental operator. the rental operator has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
- Personal Effects Insurance (PEI