ADDITIONAL TERMS AND CONDITIONS
Renter agrees by Renter’s signature on the Rental Agreement Summary (the “Summary”), or by clicking the “I Accept” button at a rental kiosk, or via an internet rental, or via online check-in that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained in the Summary and these Additional Terms and Conditions (collectively the “Contract”), for the Rental Period whether or not subsequent agreements are executed by Renter or if Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing Renter. Renter agrees that electronic signatures have the same force and effect as manual signatures. Renter expressly acknowledges that Renter and Owner are the only parties to the Contract, notwithstanding that a reservation for Vehicle may have been arranged by a third party; that a third party may pay for all or part of the rental bill; and/or that a third party may negotiate certain terms of the rental, including but not limited to the type of Vehicle, length of rental, rental rate and/or selection of optional products. For matters arising from the agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. The agreement, is the entire Contract between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.
1. Definitions: For the purposes of the Contract, the following terms are specifically defined:
a. “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
b. “Optional Accessories” means but is not limited to optional child seats, global positioning systems, Telematic Devices, ski racks, toll transponders and/or other products accepted by Renter.
c. “Owner” for the purposes of the Contract means “the Limited Liability Company” shown on the Summary;
d. “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.
e. “Renter” means the person, or entity identified on the Summary as “RENTER”;
f. “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s), inclusive of vehicle as equipped and furnished by the manufacturer and any equipment added by Owner.
2. Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. Renter agrees Renter received Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.
3. Payment by Renter.
a. For items designated as either “/hour”, “/day”, “/week” or “/month” on the Summary:
(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.
(2) If “day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.
(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.
(4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.
(5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental.
(6) Unless expressly modified on the Summary, all charges are for a minimum of 1 day.
b. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Summary for:
(1) The hour, day, week and month charges on the Summary for the Rental Period. The “/hour” charge if shown on the Summary shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Address on the Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
(2) The mileage charge per mile for all miles exceeding any free miles set forth on the Summary permitted for the Rental Period.
(3) The Optional Accessories, services and/or products charges for those items accepted by Renter for the Rental Period set forth on the Summary.
(4) The optional Verified Carbon Offsets (CO2 OFFSET) accepted by Renter are an optional environmental service designed to offset the greenhouse gases emitted by Vehicle. Owner remits amounts collected to an independent third party provider. See www.keystogreen.com for more information. The estimated emissions produced by Vehicle are based on the average mileage and fuel economy of vehicles in the rental fleet and are not calculated based on the emissions of a particular vehicle.
(5) The optional Tollpass Service accepted by Renter provides for the daily rental of a toll collection transponder or, in some states, the use of a pre-installed device or video-monitored toll collection services. In addition to the daily charge for the Tollpass Service, Owner, its affiliate or a third party may separately charge Renter’s credit or debit card (or bill Renter, as applicable, for cash rentals) for each toll (or other charge) incurred using the transponder, pre-installed device or video monitored service during the Rental Period within the Tollpass service area at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. Renter expressly authorizes Owner or its affiliate to transfer to a third party: Renter’s name, address, credit/debit card information, and other data necessary to enable the collection of all such amounts. No credit is provided for days the transponder is not utilized. Tollpass Service has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties see Paragraph 3.(c.)(4.). A current listing of TollPass Service Area covered roads is available upon request, at “www.htallc.com/tollpass” or (877) 765-5201.
(6) The fuel charge at the rate shown on the Rental Agreement Summary. If the fuel charge is based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level. The difference in fuel level will be calculated based on the difference shown on the fuel gauge (rounded to the nearest 1/8th) between rental date and return date or as determined by Vehicle’s telematic system. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it or for any unused fuel. The fuel charge is not a retail sale of fuel.
(7) The one way fee (for returning to a predetermined location other than the Branch Address on the Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.
(8) the other fees and charges (none of which are taxes) including but not limited to:
(a) The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register, inspect, license and pay personal property taxes on all vehicles in its/THEIR RENTAL FLEET WITHIN THE STATE IN WHICH THE RENTAL ORIGINATES. the vlf rec is not calculated based on the costs imposed upon a particular vehicle.
c. Additional Obligations of Renter – Unless prohibited by law, Renter shall pay Owner, its affiliates or agents:
(1) If Renter returns Vehicle to a location other than the designated return location a vehicle recovery fee, unscheduled one way fee or drop charge which shall be no more than the greater of: a) $300.00; b) $1.50 per mile between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.
(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent DW, as described in paragraph 17, or RAP, as described in paragraph 20, do not apply.
(3) A fee to clean Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors or other soilage.
(4) All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Without advance notice, Renter agrees to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party, and that such amounts, plus Processing Fees, may be collected from Renter by Owner, its affiliates or a third party. Renter agrees that such collection is not a transfer of liability where prohibited. Renter agrees that such payment may prejudice, waive, and relinquish (and Renter agrees to waive and relinquish) Renter’s ability and right to contest Fines, Tolls and Violations and/or any legal violation underlying same (Violative Action) with the applicable authority. Owner, its affiliates or a third party may assess a fee of up to $25 per each of the Fines, Tolls and Violations (Processing Fees) to apply towards all costs incurred in connection with the Fines, Tolls and Violations and their administration.
(5) A Tollpass convenience charge (TCC) (where available) of up to $5.00 per day of Rental Period for each day Vehicle is operated on a Tollpass Automatic Service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $25.00 per Rental Period. To avoid the TCC, Renter may (i) use toll-free roads and bridges, (ii) pay tolls with cash (where applicable), or (iii) use any of the other methods described in our toll brochures and at www.enterprise.custhelp.com (keyword “tolls”), which vary by toll road/bridge. In addition to the TCC, Owner or a third party may separately charge Renter’s credit or debit card for each toll not paid by Vehicle operator incurred during the Rental Period at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. A current listing of TCC Covered Roads is available upon request, at “www.htallc.com/tollpass” or (877) 765-5201. Operation of Vehicle on a roadway or bridge not covered by TCC where applicable tolls are not paid may subject the Renter to fines, costs and fees see Paragraph 3.c.(4.) above.
(6) A late charge of 1 1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
(7) All expenses incurred by Owner in the collection of amounts due Owner under the Contract or in regaining possession of Vehicle or in enforcing any term or condition, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.
(8) RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER AND PROVIDE TO ANY THIRD PARTY, WITHOUT NOTICE TO RENTER, RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO PROCESS PAYMENT FOR, ENABLE THE COLLECTION OF, OR TRANSFER LIABILITY FOR ALL AMOUNTS RENTER IS OBLIGATED TO PAY UNDER THIS PARAGRAPH 3.C, INCLUDING, WITHOUT LIMITATION, TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD, AND ANY FINES, TOLLS, VIOLATIONS, PROCESSING FEES, OR ANY VIOLATIVE ACTION.
d. Agreements and acknowledgements regarding payment cards –
(1) IF A CREDIT CARD OR DEBIT CARD IS PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER The CONTRACT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF OWNER INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES OWNER TO RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.
(2) The authorization or deposit amount on the Summary will be taken by Owner as an authorization or sale. Such funds will not be available for use by Renter until after Vehicle is returned. One or more incremental authorizations and/or deposits may be taken during the Rental Period if Renter incurs additional charges.
(3) Renter acknowledges final amounts charged to Renter’s card may exceed amounts shown on the Summary, if Renter incurs charges not included in such amounts.
e. Owner will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to Owner within 20 business days after Owner has confirmed the full extent of such obligations. Where applicable for payments made by cash, check or money order, any such excess will be refunded by check.
All amounts are subject to final audit by Owner.
4. Prohibited Use and Termination of Right to Use.
a. Renter agrees to the following limits on use:
(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.
(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training or testing.
(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS:
i. Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and
ii. Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations.
(4) Vehicle shall not be used for: any illegal purposes; in any illegal, fraudulent or reckless manner; in a race or speed contest; or to tow or push anything.
(5) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.
(6) Renter shall not remove any seats from Vehicle.
(7) Vehicle shall not be driven by any person impaired or under the influence by the use of narcotics, alcohol, intoxicants, or drugs, used with or without a prescription.
(8) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.
(9) Vehicle shall not be driven on an unpaved road or off-road.
(10) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.
(11) Renter shall not transfer or assign the Contract and/or sublease Vehicle.
(12) Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
(13) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.
b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of the Contract, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter or AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3.
Any use of Vehicle in a manner prohibited in this paragraph shall, to the extent permitted by applicable law, void Personal Accident Insurance/Personal Effects Coverage (PAI/PEC), Extended Protection (EP), and Supplemental Liability Protection (SLP).
5. Roadsisde Assistance. For roadside assistance in the U.S. and Canada call 1-800-307-6666 and you will be connected to a third-party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.
6. Accidents. Damage to, loss or theft of, Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Cooperation shall Include, but not be limited to, consent to: (i) examinations under oath at Owner’s or Owner’s representatives’ request and furnishing a signed statement of testimony. and; (ii) request for statements, written or oral and/or other matters Owner or its representatives deems related to the adjustment of any claim, suit or proceeding. Vehicle may be equipped with an Event Data Recorder (EDR), infotainment system and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit or legal proceeding.
7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by State law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of the Contract, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:
(i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 4 multiplied by the daily rate (including any Car Class Change) on the Summary;
(ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate on the Summary. Renter also agrees to pay:
(a) an administrative fee of $50.00 when the repair estimate is less than $500.00 or $100.00 when the repair estimate is between $500.00 and $1,500.00 or $150.00 if greater than $1,500.00;
(b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99.
If Vehicle is returned during non-business hours or to any place other than Branch Address on the Summary, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL DW.
8. Responsibility to Third Parties. Owner or its affiliate complies with applicable motor vehicle financial responsibility laws as an insured, self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law, neither Owner or its affiliate extends any of its motor vehicle financial responsibility or provides insurance coverage to Renter, AAD(s), passengers or third parties through the Contract. If liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable state motor vehicle financial responsibility law, then Owner or its affiliate extends none of its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Contract and if Owner or its affiliate is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s or its affiliate’s obligation is limited to the applicable state minimum financial responsibility amounts. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Unless required by law, Owner’s or its affiliate’s financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. SEE PARAGRAPH 18 FOR INFORMATION ON OPTIONAL SLP.
9. Indemnification by Renter. Renter shall defend, indemnify and hold Owner and/or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner or its affiliate(s) for all such losses. This obligation may be limited if Renter purchases optional DW, EP and/or optional SLP to the extent DW, EP and/or SLP applies. See Paragraphs 17 and 18 for information ON OPTIONAL DW AND OPTIONAL SLP AND EP.
10. Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Owner or its affiliate do not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through the Contract. If Owner is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim.
11. Personal Property. Owner is not responsible for any damage to, loss or theft of, any personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. SEE PARAGRAPH 19 FOR INFORMATION ON OPTIONAL PAI/PEC.
12. Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent, DW, PAI and SLP do not apply to accidents or events that occur in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into Mexico.
13. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under the Contract, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under the Contract; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or their party’s per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under the Contract; or their party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
14. Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of Attorney:
a. To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if:
i. Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
ii. Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims;
b. To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.
15. Severability. If any provision of the Contract is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
16. Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under the Contract and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s) sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter or AAD(s) of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(S) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(S). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(S). Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
17. Optional Damage Waiver.
DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase optional Damage Waiver (DW) from Owner for an additional fee. If Renter purchases DW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s damage responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence Owner’s contractual waiver shall be limited to the amount initialed on the Summary where applicable. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost or damaged keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico.
When deciding whether or not to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.
EXCLUSIONS: DW does not apply if:
a. The damage is caused intentionally by an authorized driver or as a result of the driver’s willful and wanton misconduct;
b. if Renter misrepresents facts to Owner pertaining to rental, use, operation of Vehicle whether before or after any loss and/or damage; or
c. The damage arises out of the authorized driver’s operation of Vehicle while intoxicated or under the influence of any illegal or unauthorized drug;
d. The rental transaction is based on fraudulent information supplied by Renter;
e. The damage arises out of the use of Vehicle while committing or otherwise engaged in a criminal act in which the vehicle usage is substantially related to the nature of the criminal activity;
f. The damage arises out of the use of Vehicle to carry person or property for hire;
g. The damage occurs while the vehicle is operated by a person other than an authorized driver. For the purposes of this Paragraph, “authorized driver” means the (a) renter, (b) the renter’s spouse if the spouse is a licensed driver and satisfies the car rental company’s minimum age requirement; (c) the renter’s employee or co-worker if they are engaged in business activity with the person to whom the vehicle is rented, are licensed drivers, and satisfy the rental company’s minimum age requirements; (d) any person who operates the vehicle during an emergency situation; and (e) any person expressly listed by the car rental company on the Summary as an authorized driver.
h. The damage arising from towing or pushing anything or if the operation of Vehicle on an unpaved road has resulted in damage or loss which is a direct result of the road or driving condition;
i. The damage or loss is due to the theft of Vehicle. However, Renter shall have no liability for any loss due to theft if;
(1) An authorized driver has possession of the ignition keys furnished by Owner or an authorized driver establishes that the ignition keys furnished by Owner were not in Vehicle at the time of the theft, and
(2) An authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with Owner and the police or other law enforcement agency in providing information concerning the theft;
(3) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.
18. Optional Supplemental Liability Protection and Extended Protection.
THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE SLP POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. SLP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.
SLP Benefits: Optional Supplemental Liability Protection (SLP) provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (SLP charge as shown on the Summary is for the excess insurance only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $300,000 Combined Single Limit per accident. SLP will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in the Contract. The policy does not provide coverage for any loss arising from the use or operation of Vehicle in Mexico. SLP is available for an additional charge as stipulated on the Summary.
SLP Exclusions: For all exclusions, see the SLP policy. Here are a few key exclusions: (a) Loss arising out of an accident which occurs while Renter or AAD(s) is under the influence of alcohol or drugs, or other substances unless prescribed by a physician; (b) Loss arising out of bodily injury, death or property damage sustained by Renter or AAD(s) or any relative or family member of Renter or AAD(s) who resides in the same household; (c) Loss arising out of the operation of Vehicle by any driver who is not Renter or AAD(s); (d) Liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state; (e) Liability arising out of or benefits payable under any first party benefit law, medical payments, no‑fault or any similar law to the foregoing, in any state; (f) Bodily injury, death to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by Renter or AAD(s); (g) Property damage to property transported or in the care, custody or control of Renter or AAD(s); (h) Damage to Vehicle; (i) Liability arising out of the use of Vehicle, which was obtained based on false, misleading or fraudulent information; (j) Loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of the Contract; (k) Bodily injury or property damage expected or intended from the standpoint of Renter or AADs.
Report SLP Claims to:
Sedgwick CMS, P.O. Box 94950 Cleveland, OH 44101-4950, Phone: 1-888-515-3132 Fax: 1-216-617-2928.
For retail rentals only secured with Extended Protection within the cost of the rental (excluding any liability protection or insurance coverage provided under a commercial contract), the following shall apply:
Extended Protection (EP) (Where available): Owner provides Renter or any AAD with third party liability protection in an amount equal to the minimum financial responsibility limits applicable to the vehicle (the Primary Protection). EP also provides additional third party liability protection, through an excess liability policy, with limits of the difference between the Primary Protection and a combined single limit of $1 million per accident for bodily injury and/or property damage to others arising out of the use or operation of the Owner rental vehicle by Renter or an AAD, subject to the terms and conditions of the policy. EP includes UM/UIM coverage for bodily injury and property damage (only where required by law for property damage) in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection), and additional coverage, through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident (for rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident; for rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit) or state mandated UM/UIM limit, whichever is greater. OWNER AND RENTER REJECT ANY ADDITIONAL UM/UIM COVERAGE TO THE EXTENT PERMITTED BY LAW. EP, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. EP coverage is in effect only while another AAD or Renter is driving the Vehicle within the United States and Canada; coverage does not apply in Mexico. ADDITIONAL POLICY EXCLUSIONS INCLUDE: (A) BODILY INJURY OR DEATH TO RENTER, ANY AAD, OR TO THE BLOOD RELATIVES OR FAMILY OF RENTER OR AN AAD, IF SUCH RELATIVES OR FAMILY RESIDE IN THE SAME HOUSEHOLD WITH RENTER OR WITH AN AAD; (B) PROPERTY DAMAGE TO THE RENTAL VEHICLE; (C) FINES, PENALTIES, EXEMPLARY OR PUNITIVE DAMAGES; (D) BODILY INJURY, DEATH OR PROPERTY DAMAGE EXPECTED OR INTENDED FROM THE STANDPOINT OF THE INSURED; AND (E) ANY OBLIGATION FOR WHICH THE INSURED OR THE INSURED’S INSURER MAY BE HELD LIABLE UNDER ANY WORKER’S COMPENSATION, DISABILITY BENEFITS OR UNEMPLOYMENT COMPENSATION LAW OR ANY SIMILAR LAW. (F) BODILY INJURY OR PROPERTY DAMAGE EXPECTED OR INTENDED FROM THE STANDPOINT OF RENTER OR AADS. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit EP coverage and in no way increase the combined single limit amount referenced above. This insurance coverage is underwritten by Ace American Insurance Company. Report SLP Claims to: Sedgwick CMS, P.O. Box 94950 Cleveland, OH 44101-4950, Phone: 1-888-515-3132 Fax: 1-216-617-2928.
19. Optional Personal Accident Insurance (PAI) & Personal Effects Coverage (PEC).
PURCHASE OF PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (PAI/PEC) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI & PEC POLICIES. UPON REQUEST, A COPY OF THE POLICIES ARE AVAILABLE FOR REVIEW. PAI & PEC MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HOMEOWNER’S, CONDOMINIUM OR TENANT’S POLICY, EMPLOYERS OR CREDIT CARD INSURANCE OR TENANT’S POLICY OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER THE PAI & PEC, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. EMPLOYEES, AGENTS OR ENDORSEES OF VEHICLE OWNER (AS DEFINED IN THE CONTRACT) ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S INSURANCE.
PAI provides Renter and Renter’s passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PEC insures the personal effects of Renter, or any member of Renter’s immediate family who permanently resides in Renter’s household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle. PAI & PEC are available for an additional charge as stipulated on the Summary. “Renter” is the person who signs the Summary as Renter.
PAI Benefits: Renter Passenger
Accidental Death, Not to exceed $175,000 $17,500
Accident Medical Expenses, Not to exceed $2,500 $2,500
Accident Ambulance Expense, Not to exceed $250 $250
Accident Aggregate, not to exceed $225,000 per accident.
The above PAI benefits for Renter apply to accidents during the Rental Period. The above PAI benefits for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a “Passenger” for the purposes of PAI benefits.
$750 per person; $2,500 maximum coverage for all covered individuals during the Rental Period. PEC benefits apply to personal effects belonging to Renter, or any member of Renter’s immediate family who permanently resides in Renter’s household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle.
PAI & PEC Exclusions:
PAI shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self inflicted injury; aircraft travel, except as a passenger in a licensed aircraft on a regularly scheduled flight; committing or attempting to commit a criminal offense; an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician; an accident which occurs while participating in a prearranged or organized race or testing of a vehicle; war or any act of war; or engagement in an illegal occupation; nor shall this insurance be in effect if Renter converts Vehicle or during any period Renter is in violation of the Contract. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date. PEC shall not cover automobiles, automobile equipment, motorcycles, watercraft, motors, or other conveyances or their appurtenances, furniture, currency, coins, deeds, bullion, stamps, tickets, securities, documents, contact lenses, artificial teeth and limbs, perishables and animals. Loss or damage to property while actually being worked upon, or while in the care, custody or control of any common carrier are also not covered.
THE POLICY DOES NOT COVER LOSS BY MYSTERIOUS DISAPPEARANCE. ALL LOSSES BY THEFT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR THEY WILL NOT BE COVERED.
To file PAI/PEC claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Contract to:
Sedgwick CMS , P.O. Box 94950, Cleveland, OH 44101-4950
Phone: 1 888 515-3132 Fax: 1-216-617-2928.
20. Roadside Assistance Protection. When deciding whether or not to purchase ROADSIDE ASSISTANCE PROTECTION (RAP), you may wish to check to determine whether, you have other coverage or protection for such services. ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE ASSISTANCE PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase RAP from Owner for an additional fee. If Renter purchases RAP, Owner agrees to contractually waive Owner’s right to collect from Renter for the following services: (i) lost and damaged key replacement (including remote entry devices) except for rentals originating in CA, KS, MO, NY, or NV, (ii) flat tire replacement (if no inflated spare is available, Vehicle will be towed) but the cost of a replacement tire is not waived, (iii) lockout service (if keys are locked inside Vehicle), (iv) Vehicle jumpstart, and (v) fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel. RAP does not waive any charges incurred in Mexico.
If Renter or any occupant pairs a mobile device with the Vehicle’s navigation or infotainment systems, personal information may be transferred to and stored on these systems. Owner cannot guarantee the privacy or confidentiality of such information and it is Renter’s responsibility to delete all personal information from these systems before returning Vehicle to avoid subsequent occupants or users of Vehicle accessing this information.
22. Headings. The headings of the numbered paragraphs of the Contract are for convenience only, are not part of the Contract and do not in any way limit, modify or amplify the terms and conditions of the Contract.
23. Text & Call. By signing the Summary, Renter agrees to the Text & Call Terms and Conditions, and thereby provides express consent for Owner or Owner’s representative to contact Renter at the phone number(s) provided in connection with the Contract to deliver, or cause to be delivered, informational or transactional outreach, including customer surveys, via live, prerecorded, or autodialed calls or texts. Renter’s consent to receiving these calls or texts is not a condition of any purchase or rental agreement. For questions about privacy, please see paragraph 26, below.
24. Choice of Law. All terms and conditions of the Contract shall be interpreted, construed and enforced pursuant to the law of the State where the Contract is executed by Renter without giving effect to the conflict of laws and/or provisions of such State.
25. Dispute Resolution Provision - Mandatory Arbitration Agreement: RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO The CONTRACT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO OWNER’S PRODUCTS AND SERVICES, COMMUNICATIONS WITH RENTER, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “RENTER” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE CONTRACT, AND ANY OF RENTER’S AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “OWNER” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of the Rental Period. However, Renter and Owner agree that either Renter or Owner may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only and is not made part of a class action, private attorney general action or other representative or collective action. The Renter and Owner also agree that claims against or by a third-party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.
(1) Procedure. Renter or Owner, as applicable. must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to Renter or Owner, as applicable. The Notice to Owner should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604 (“Notice Address”). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, Renter or Owner may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by the Contract. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or by Owner that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Renter and Owner with due consideration of their ability to travel and other pertinent circumstances. If Renter and Owner are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither Renter or Owner nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both Renter and Owner.
(2) Arbitrator’s Authority: The arbitrator is bound by the Contract, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Contract, including whether it is void. Renter and Owner agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual claimant, whether Renter or Owner.
(3) Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.
(4) Governing Law and Enforcement: Notwithstanding anything in paragraph 24, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16. This Dispute Resolution Provision was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this Dispute Resolution Provision remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
27. Customers with Disabilities. For customer service inquiries related to customers with disabilities, please call 1 (866) 225-4284, email Mobility@erac.com, or TTY 1 (866) 534-9270.
Owner is an affiliate of Enterprise Holdings Inc., which owns all rights to Enterprise names and marks.