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, and 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”), any optional product brochures provided to Renter in connection with this rental, and, for kiosk renters, the Summary, and, for internet renters, the Reservation Details, hereof for the Rental Period. In the event that Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing Renter, though subsequent agreements are not executed by Renter, Renter acknowledges and agrees that the terms and conditions in this Contract will govern for the period ending when Renter executes a subsequent rental agreement. Renter agrees that electronic signatures have the same force and effect as manual signatures. Where the front of the Summary (for kiosk renters, the front refers to the charges information and any language Renter additionally accepts and may choose to print with the Summary; for internet renters, the front refers to the Reservation Details and any language appearing in the Notices at the end of the Contract) contains language that differs from that in the Jacket, the language on the front governs. 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 Contract, Renter authorizes Owner to verify and/or obtain, through credit agencies or other sources, Renter’s personal, credit and/or insurance information. The Contract is the entire agreement 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)” 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) (subject to durational limits stated on the Summary, if any), 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. An additional fee may apply.
b. “OPTIONAL ACCESSORIES” means but is not limited to optional Child Seats, non-pre-Installed global positioning systems and similar products and services, ski racks, toll transponders and/or other products accepted by Renter.
c. “OWNER” for the purposes of the Contract means the Owner as identified on the bottom of the Summary.
d. “RENTAL PERIOD” means the period between the time Renter takes possession of Vehicle until Vehicle is returned and 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 agrees Renter received Vehicle and Optional Accessories in good physical and mechanical condition. RENTER IS RENTING VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND ITS OPERATION BEFORE LEAVING OWNER’S PREMISES. 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 30 minutes after the start time of the rental. (2) “/day” is each consecutive 24 hour period beginning after the start time of the rental. (3) “/week” is 7 consecutive 24 hour days beginning after the start time of the rental. (4) “/month” is 30 consecutive 24 hour days beginning after the start time of the rental.
(5) Unless expressly modified in the Summary all charges are for a minimum of 1 day.
b. Renter shall pay Owner or its affiliate on demand as set forth in the charges section on the Summary for: (1) The hour, day, week and month charges noted on the Summary for the Rental Period. The “/hour” charge if shown 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 Return Location 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 the free miles set forth on the Contract permitted for the Rental Period. (3) The Optional Accessories, services and/or products charges for those items accepted by Renter for Rental period. (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 charges for the rental of the toll collection transponder, if applicable. 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.)(5.). A current listing of Tollpass service area covered roads is available upon request, at “www.htallc.com/tollpass” or (877) 765-5201. Tollpass Waiver will relieve Renter and/or AAD(s) of the costs of tolls incurred during the Rental Period. No credit is provided for days of non usage. Tollpass Waiver 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 Section 3.(c.)(5.). For Tollpass Waiver Option originating in the Chicago Metro area or at select Indiana locations. Renter may choose to purchase optional Tollpass Waiver, which provides for the daily rental of a toll collection transponder or, in some states, the use of video-monitored toll collection services. Tollpass Waiver will relieve Renter and/or AAD(s) of the costs of tolls incurred during the Rental Period. No credit is provided for days of non usage. Tollpass Waiver 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.)(5.). (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 a pre-installed Telematics Device in the Vehicle. 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 Young Renter Fee (9) The Additional Driver Fee (Additional Driver Fee is waived for one additional driver for disabled renters who cannot drive.) (10) The Car Class Change (11) The other fees and charges (none of which are taxes), including but not limited to: (a) Any airport Consolidated Facility Charge, Customer Facility Charge or similarly designated charge (CFC) which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation, and/or maintenance of the consolidated rental car facility, other airport facilities, and/or transportation related facilities; and/or any other permissible use of the CFC under relevant federal, state or municipal laws, ordinances, or regulations, and/or relevant agreements, and (b) The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge (CONC REC OR PRIV FEE RECOV CHG) which is Owner’s charge to recover the concession fees paid by the Owner to an airport’s owner or operator in connection with this rental; (c) The Facility Fee Recovery (FAC REC) which is Owner’s charge to recover the estimated fees, charges, costs, which may include rent paid by Owner to the owner, operator or agent of the location being serviced by Owner for this rental or to the owner, operator or agent of the location of the Branch Address on the Rental Agreement Summary; (d) The Vehicle License Fee Recovery (VLF REC) which is the 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 and plate all vehicles in its/their rental fleet registered in renting state. The VLF REC is not calculated based on the costs imposed upon a particular vehicle. For Maryland locations: The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average per day per vehicle portion of Owner’s total annual titling and registration costs imposed by governmental authorities upon Owner or its affiliates for 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. For Virginia locations: The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average per day per vehicle portion of Owner’s total annual vehicle licensing, titling, and registration costs imposed by governmental authorities upon Owner or its affiliates for 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. (e) The Hotel Concession Fee Recovery, which is Owner’s charge to recover the concession fee paid by Owner to the Hotel’s owner or operator in connection with this rental. (f) The Waste Tire and Battery Fee Recovery (TIRE/BATTERY FEE), which is Owner’s charge to recover the waste tire and lead-acid battery fee which Owner must remit in Florida. (f) The Bussing Cost Recovery, which is Owner’s charge to recover the fees paid by Owner to offset Owner’s annual estimated cost to provide bussing operations at certain locations. (h) The Frequent Flyer Service Charge (Daily Freq Flyer Service charge) will apply for qualifying rentals in the US, Canada and Puerto Rico when the Renter chooses to receive frequent flyer miles or credits as part of this rental to recover all or a portion of the administrative and program costs associated with participation in frequent flyer programs. (i) The Transportation Facility Charge (TRANS FAC CHG), which represents amounts collected by on-Airport rental car businesses to recover operation and maintenance costs related to operating a common shuttle bus fleet and a common bus maintenance facility at the Airport. (j) For Alabama rentals, a Surcharge (“Surcharge”) which represents Owner’s charge to recover the estimated average daily cost per vehicle (not calculated based on the costs imposed upon a particular vehicle) of the charges and taxes imposed by governmental authorities upon Owner or its affiliates in connection with titling, registering, inspecting, licensing and plating of all vehicles in its/their rental fleet which are registered in Alabama; and a Privilege and License Tax Recovery (PRIV/LIC TAX REC) which is Owner’s charge to recover the privilege or license tax imposed upon Owner by the State of Alabama and any local taxing authorities. This charge is calculated as a percentage of gross rental proceeds exclusive of proceeds from the rental of non-automotive accessories. A non-automotive Privilege and License Tax Recovery (NON-AUTO PL TAX REC) which is Owner’s charge to recover the privilege or license tax imposed upon Owner by the State of Alabama and any local taxing authorities. This charge is calculated as a percentage of gross rental proceeds from the rental of non-automotive accessories.
c. Additional Obligations of Renter. Unless prohibited by law, Renter shall pay Owner on demand:
(1) If Renter returns the vehicle to a location other than the designated return location a vehicle recovery fee, un-scheduled 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) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return, if Renter returns the vehicle before or after the agreed upon return date. (3) A fee to clean the Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors or other soilage. (4) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent LDW, as described in paragraph 17, or RSP, as described in paragraph 18(C), do not apply. (5) 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 $35 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. (6) For use of the optional Tollpass Service, a Tollpass convenience charge (TCC) (where available) of up to $7.00 per day of the Rental Period for each day Vehicle is operated on a Tollpass Service area covered road and Vehicle operator does not pay an applicable toll or rent a toll collection transponder from Owner, if available. Total TCC charges will not exceed $35.00 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 the Citations and Tolls FAQ on the FAQs page at www.nationalcar.com, 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 (or other charge) 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 Tollpass area 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.(5.) above. For West Virginia only: Each day that Vehicle is operated on a Tollpass Service area covered road where Vehicle operator does not pay an applicable toll shall constitute Renter’s affirmative agreement, acknowledgement, and acceptance (i) of the optional Tollpass Service, and (ii) that Renter will be charged the TCC. The TCC may be separately charged to Renter’s credit or debit card by Owner or a third party after the conclusion of the Rental Period. (7) 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. (8) All expenses incurred by Owner in the collection of amounts due Owner under this Contract or in regaining possession of Vehicle or in enforcing any term or condition of this Contract, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner. (9) The taxes, fees and other mandatory charges imposed by states, provinces, counties and other governmental authorities. (10) A fee to recharge an Electric Vehicle (Battery Electric or Plug In Hybrid Electric) if Vehicle is returned with less charge than when rented. (11) 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 THIS 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 reserves the right, in its sole discretion, to set off or deduct from any amounts owed from Owner to Renter under the Contract any amounts owed from Renter to Owner under the Contract. 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: (a) Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state, province, and/or federal government where Vehicle is rented and/or operated; and (b) Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state, provincial (If Vehicle Is operated In Canada), 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 by or under the influence of alcohol, narcotics, 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 jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines. (9) Vehicle shall not be driven, except in an emergency, on anything other than a paved public highway or suitable graded private or public road or driveway, or over bridges posted for a maximum weight of three (3) tons or less. (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 this Contract and/or sublease Vehicle. (12) Vehicle shall not be used to 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 Branch Address on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to the Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of this 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, 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 and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice.
e. Extensions are at Owner’s option and are subject to availability. Owner may repossess the Vehicle without demand, at Renter’s expense, if the Vehicle is found illegally parked, apparently abandoned, or used in violation of law or of this Contract. Renter’s failure to return the Vehicle when specified or to properly obtain an extension of the rental may result in the Vehicle being reported stolen, possibly subjecting Renter and any other driver to arrest and civil and/or criminal penalties.
Any use of the Vehicle in a manner prohibited in this paragraph shall, to the extent permitted by applicable law, void Personal Effects Coverage (PEC), and Supplemental Liability Protection (SLP) and Extended Protection (EP).
5. Roadside Assistance. For roadside assistance in the U.S. and Canada call 1-800-367-6767 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, AAD(s) and all other parties seeking benefits pursuant to this rental contract shall cooperate fully with Owner and its representatives. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. 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, including under oath, 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 or provincial law Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory 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 not returned, 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 this 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. For purposes of this Contract, fair market value shall be the retail value of Optional Accessories immediately preceding the loss. Damages for which Renter is also responsible include but are not limited to: loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 4, multiplied by the daily rate on the Rental Agreement Summary including any Car Class Change), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1499, and $150 if greater than $1500), diminishment of value (10% of the repair estimate if the damages are greater than $499), 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, provinces, counties and other governmental and/or airport authorities. If Vehicle is returned during non-business hours or to any place other than the Return Location 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 LDW.
8. Responsibility to Third Parties. Owner or its affiliate complies with applicable motor vehicle financial responsibility laws as an insured, a self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state, province or otherwise by law, or this Contract, neither Owner or its affiliate extends any of its motor vehicle financial responsibility or provides insurance coverage to Renter, AADs, passengers or third parties through this 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 this 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. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. 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. Owner’s or affiliate’s financial responsibility does not provide coverage for nor extend to: 1. Punitive or exemplary damages (these include damages which may be imposed to punish a wrongdoer or deter others from similar conduct); 2. Fines; 3. Penalties; 4. Treble damages; or 5. Multiplied or multiple damages imposed upon any permissive operator. This punitive damage exclusion shall further apply to any claim for uninsured or underinsured motorist coverages. There is no coverage for any costs, interest, or damages attributable to punitive or exemplary damages. For Indiana locations only: Renter agrees to maintain and provide liability coverage for third party claims arising out of the use or operation of the Vehicle. No claim may be made against any coverage or financial responsibility available for the Vehicle by the Owner or its affiliate lessor until the limits of the motor vehicle insurance coverage provided by the Renter for the vehicle are exhausted. SEE PARAGRAPH 18 FOR INFORMATION ON OPTIONAL PROTECTION PRODUCTS.
9. Indemnification by Renter. Renter shall defend, indemnify and hold Owner or its affiliate harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner and/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 for or its affiliate all such losses. This obligation may be limited if Renter purchases optional LDW and/or SLP/EP to the extent LDW or SLP/EP applies. SEE PARAGRAPHS 17 AND 18 FOR INFORMATION ON OPTIONAL LDW AND OPTIONAL PROTECTION PRODUCTS.
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 this Contract. If Owner or its affiliate 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. All parties seeking PIP or UM/UIM benefits, including their purported assignors, must complete an Application for PIP Benefits on a form provided by Owner or its affiliate as soon as practicable following the alleged loss. Furthermore, all parties seeking PIP or UM/UIM benefits, including their purported assignors, must fully cooperate with Owner or its affiliate and its representatives in its investigation into the loss. Such cooperation includes, but is not limited to, the obligation to submit to an Examination Under Oath, Independent Medical Examinations, as well as the provision of recorded statements and written statements. Cooperation with Owner’s investigation is a condition precedent to receiving PIP benefits from Owner. 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. Notice Pursuant to F.S. 627.736(5)(a)5, Owner hereby places all potential Personal Injury Protection (PIP) claimants on notice, per the terms of Florida’s No-Fault Law, that Owner will limit payment pursuant to the schedule of charges specified in paragraph (5)(a)1 of F.S. 627.736.
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 or data, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle and/or any Optional Accessories . 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 and/or any Optional Accessories.. 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 18 FOR INFORMATION ON OPTIONAL PROTECTION PRODUCTS.
12. Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent LDW, SLP, PEC, and RSP do not apply 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 this 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 this 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 the 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 this 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 or any Optional Accessory 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 this 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 this Contract and/or if Vehicle or any Optional Accessory 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, Vehicle failure, and/or Optional Accessory failure, Owner’s, 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 and/or Optional Accessory by Owner to Renter and to recovery by Renter 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 Loss Damage Waiver (LDW). LDW IS NOT INSURANCE. THE PURCHASE OF LDW IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase optional LDW from Owner for an additional fee. If Renter purchases LDW, Owner agrees, subject to the actions that invalidate LDW listed below, to contractually waive Renter’s 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 depending on the LDW plan chosen on the Summary where applicable. Notwithstanding anything to the contrary and unless prohibited by law, LDW DOES NOT PROVIDE PROTECTION FOR LOST OR DAMAGED KEYS, KEY FOBS, TRANSPONDERS, Electric Vehicle charging cables, OR OPTIONAL ACCESSORIES. LDW does not apply to damage occurring in Mexico. In most locations, Owner offers the following two (2) levels of LDW protection:
When deciding whether or not to purchase LDW, 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.
THE FOLLOWING SHALL INVALIDATE LDW:
A. IF VEHICLE IS DAMAGED WHEN USED OR DRIVEN:
(1) BY ANY PERSON OTHER THAN RENTER OR AAD(S) WITHOUT OWNER’S PRIOR WRITTEN CONSENT; (2) BY ANY PERSON IF THERE IS REASONABLE EVIDENCE THE DRIVER WAS IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, NARCOTICS, INTOXICANTS, OR DRUGS, USED WITH OR WITHOUT A PRESCRIPTION; (3) BY ANY PERSON COMMITTING A FELONY OR OTHERWISE ENGAGED IN A CRIMINAL ACT; (4) IN A RACE OR SPEED CONTEST; (5) TO TOW OR PUSH ANYTHING; (6) UNDER AUTHORITY OF ANY LICENSE THAT IS SUSPENDED, REVOKED, INVALID OR DOES NOT BELONG TO THE DRIVER; (7) TO TRANSPORT PERSONS OR PROPERTY FOR HIRE; (8) IN A WANTON OR RECKLESS MANNER OR IF VEHICLE IS DELIBERATELY DAMAGED; (9) EXCEPT IN AN EMERGENCY, ON ANYTHING OTHER THAN A PAVED PUBLIC HIGHWAY OR SUITABLE GRADED PRIVATE OR PUBLIC ROAD OR DRIVEWAY, OR OVER BRIDGES POSTED FOR A MAXIMUM WEIGHT OF THREE (3) TONS OR LESS; (10) TO TRANSPORT EXPLOSIVES, CHEMICALS, CORROSIVES OR OTHER HAZARDOUS MATERIALS OR POLLUTANTS OF ANY KIND; OR
B. IF RENTER MISREPRESENTS FACTS TO OWNER PERTAINING TO RENTAL, USE, OR OPERATION OF VEHICLE WHETHER BEFORE OR AFTER ANY LOSS AND/OR DAMAGE; OR
C. IF VEHICLE’S INTERIOR COMPONENTS ARE STOLEN OR DAMAGED WHEN VEHICLE IS UNLOCKED OR KEYS ARE NOT SECURED; OR
D. IF RENTER FAILS OR REFUSES TO PROVIDE OWNER, POLICE, OR OTHER AUTHORITIES WITH A FULL REPORT OF ANY ACCIDENT OR VANDALISM INVOLVING VEHICLE OR OTHERWISE FAILS TO COOPERATE WITH OWNER, POLICE, OR OTHER AUTHORITIES IN THE INVESTIGATION OF ANY ACCIDENT OR VANDALISM; OR
E. IF VEHICLE IS STOLEN AND RENTER FAILS TO DO ANY OF THE FOLLOWING: (1) RETURN THE ORIGINAL IGNITION KEY(S) AND OWNER’S KEY TAG IDENTIFYING VEHICLE; (2) FILE A POLICE REPORT WITHIN 24 HOURS AFTER DISCOVERING THE THEFT; (3) COOPERATE FULLY WITH OWNER, POLICE AND OTHER AUTHORITIES IN ALL MATTERS CONNECTED WITH THE INVESTIGATION OF THE THEFT; (4) ENSURE THAT VEHICLE’S IGNITION IS TURNED OFF AT THE TIME VEHICLE IS STOLEN.
18. Other Optional Protection Products. THE PURCHASE OF ANY OF THE FOLLOWING PRODUCTS IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. EACH OF THE FOLLOWING IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE APPLICABLE POLICIES DESCRIBED BELOW. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. UNDERWRITING INSURER(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE. EACH OF THE FOLLOWING PRODUCTS 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.
A. SUPPLEMENTAL LIABILITY PROTECTION (SLP) (Where available): 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 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; (f) Bodily injury 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 included 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; 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. A benefit summary for EP is contained within the applicable brochure or, for kiosk renters, by pressing the “Product Details” button (for internet rentals, see https://nationalcar.custhelp.com/app/answers/detail/a_id/1649). Report EP claims to Owner using the address and phone number set forth herein.
B. PERSONAL EFFECTS COVERAGE (PEC): If selected and paid for, PEC insures the personal effects of Renter, or any individual 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. PEC is available for an additional charge as stipulated on the Summary. “Renter” is the person who signs the Summary as Renter.
PEC Benefits:
$1,750 per person; $8,750 maximum coverage for all covered individuals during the Rental Period.
PEC benefits apply to personal effects belonging to Renter, or any individual 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.
PEC Exclusions:
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.
This PEC is underwritten by Empire Fire and Marine Insurance Company.
To file PEC claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Summary to: Sedgwick CMS, P.O. Box 94950, Cleveland, OH 44101-4950, Phone: 1 (888) 515-3132 Fax: 1 (216) 617-2928
C. ROADSIDE PLUS (RSP). When deciding whether or not to purchase ROADSIDE PLUS (RSP), you may wish to check to determine whether, you have other coverage or protection for such services.
ROADSIDE PLUS IS NOT INSURANCE. THE PURCHASE OF ROADSIDE PLUS IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase RSP from Owner for an additional fee. If Renter purchases RSP, 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 KS, MO, 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) A fuel delivery of up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel and (vi) A tow to the nearest charging source due to loss of battery charge for Battery-Electric Vehicles. RSP is available for an additional charge as stipulated on the Rental Agreement Summary.
19. Personal Information; Owner’s Collection and Use of Vehicle Data; Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps.
A. Customer Privacy: Renter understands and agrees to the collection, use, disclosure and storage of personal information by Owner for the purposes of: (i) providing assistance with reserving, renting, purchasing and leasing motor vehicles; (ii) providing roadside assistance, emergency and other services; (iii) providing information on Owner’s car sales, ride-sharing and fleet services; (iv) providing Renter by mail, email and other electronic messages with discounts, coupons, offers and information that may be of interest; (v) obtaining Renter’s feedback on satisfaction with Owner’s services by contacting Renter by e-mail, mobile phone or other phone number provided on the Rental Contract; (vi) compiling statistics and analysis about Renters’ use of Owner’s sites, products and services; (vii) helping operate, maintain and improve systems and sites; and (viii) as otherwise set out in Section 21(b) below and in Owner’s privacy policy (“Privacy Policy”), as may be amended from time to time and which is incorporated herein by reference and available at https://privacy.ehi.com. Renter may opt out of receiving commercial electronic communications, including for marketing purposes, or from receiving telemarketing or customer satisfaction calls. If Renter wishes to exercise this opt out, request access or corrections to their personal information, or otherwise make an enquiry about Owner’s privacy practices, Renter can contact Owner through its Global Privacy Portal, at https://privacy.ehi.com/requests, call 1(877) 858-3884, or by mail at Enterprise Holdings, Inc., Privacy Questions, 600 Corporate Park Drive, St. Louis, MO 63105.
B. Telematics Data: Renter acknowledges that Vehicle may be equipped with pre-installed event data recorders, global positioning devices, OnStar® and other communications systems that may be connected to the Internet or cellular services, or other similar technology (“Telematics Devices”). Renter acknowledges and agrees to (1) the collection of data from Telematics Devices (“Telematics Data”) by Owner and, in certain instances, the Vehicle manufacturer and other authorized third parties, including vehicle location information, collision information, and vehicle information, such as vehicle operational condition, mileage, tire pressure, fuel status, and other diagnostic and performance information; and (2) the use and disclosure of Vehicle location data and other Telematics Data: (i) to generate vehicle usage, performance and other similar information, including to fulfill the Vehicle rental services; (ii) to provide Renter, AAD(s) or other passengers with roadside assistance, emergency and other services; (iii) to locate the Vehicle when the Vehicle is suspected to be lost, stolen or abandoned; or (iv) where required by law. Data may be used and stored by Owner after the expiration of the Contract. Further details about Owner’s treatment of Telematics Data are set out in Owner’s Privacy Policy at https://privacy.ehi.com.
C. Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps:
1. If Renter, AAD(s) or any passenger pairs a mobile device with the Vehicle’s navigation or infotainment systems and chooses to use OnStar, Apple CarPlay, Android Auto or other similar third party software or services on the Vehicle, or If you choose to use any navigational features on the Vehicle’s Infotainment systems or other device (Including Optional Accessories), your personal information and other data may be transferred and/or stored on these systems. Owner cannot guarantee the privacy or confidentiality of such information. It is Renter’s sole responsibility to delete all such personal information and other data from these systems or devices before returning Vehicle to avoid subsequent occupants of Vehicle accessing this information.
2. If Renter downloads a mobile application made available by the Vehicle manufacturer or other third party and Renter registers the Vehicle in that application, Renter’s use of the application may result in the sharing of Telematics Data and other information (including location information and personal information) with the Vehicle manufacturer or other third party, as applicable. Renter’s use of these applications is strictly governed by the mobile application’s terms and conditions and privacy policy and Owner is not in any way responsible for, and Renter releases Owner from, any claim or cause of action which may arise from Renter’s use of these applications. Prior to returning the Vehicle, it is Renter’s responsibility to either remove the application or delete the Vehicle from the application.
20. Headings. The headings of the numbered paragraphs of this Contract are for convenience only, are not part of this Contract and do not in any way limit, modify or amplify the terms and conditions of this Contract.
21. Text & Call. By signing the Rental Agreement 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 this 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 further details about Owner’s privacy practices, please see Owner’s privacy practices as set out at https://privacy.ehi.com or by contacting Owner as set out in paragraph 19.a.
22. Choice of Law/Venue. All terms and conditions of this Contract shall be interpreted, construed and enforced pursuant to the laws of the State where the Renter first received a Vehicle under this Contract, without giving effect to the conflict of laws and/or provisions of such State.
23. 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 22, 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.
24. Customers with Disabilities. For customer service inquiries related to customers with disabilities, please call 1 (888) 273-5262 or TTY 1 (800) 328-6323.
Owner is an affiliate of Enterprise Holdings Inc., which owns all rights to Enterprise names and marks. Additional Terms and Conditions updated 6/30/2023. 45WANATIONAL-JK MY23.
____________________________________________________
SUPPLEMENTAL RENTAL LIABILITY
COVERAGE SUMMARY
Underwritten by
Empire Fire and Marine Insurance Company
In the event of an accident:
1. Contact the police immediately
2. Contact your rental agent and advise them of the accident.
3. Complete the claim form and fax it, along with a copy of your Rental Agreement and a copy of the police report to:
CLAIMS
FAX #: 402-963-5329
PHONE #: 888-680-8002
Supplemental Rental Liability Protection (SLP) is OPTIONAL protection you can elect when you rent a car.
Supplemental Rental Liability Protection (SLP) 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 the underlying insurance specified within your signed Rental Agreement.
Maximum coverage available to you is the difference between the underlying insurance specified within your signed Rental Agreement and the SLP limit for bodily injury and property damage which was elected and paid for.
ITEM 1. NAMED INSURED: THE RENTER SHOWN IN THE RENTAL CONTRACT
ITEM 2. NAME OF LESSOR: THE RENTAL COMPANY SHOWN IN THE RENTAL AGREEMENT
ITEM 3.COVERAGE EFFECTIVE DATE: THE DATE THE RENTER SIGNS THE RENTAL AGREEMENT
COVERAGE TERMINATION DATE: SEE SECTION II – CONDITIONS, B. GENERAL CONDITIONS, 4. TERMINATION
ITEM 4. PREMIUM RATE: AS SHOWN IN THE RENTAL AGREEMENT
ITEM 5. LIMITS OF LIABILITY: THIS POLICY PROVIDES A SUPPLEMENTAL LIMIT OF EXCESS LIABILITY INSURANCE EQUAL TO THE DIFFERENCE BETWEEN THE UNDERLYING INSURANCE IN ITEM 6. AND $300,000
ITEM 6. UNDERLYING INSURANCE: ARE LIMITS EQUAL TO THE STATE FINANCIAL RESPONSIBILITY REQUIREMENTS OF $25,000 EACH PERSON BODILY INJURY/ $50,000 PER ACCIDENT/ $10,000 PROPERTY DAMAGE OR $60,000 COMBINED SINGLE LIMIT
IN WITNESS WHEREOF the Empire Fire and Marine Insurance Company has caused this policy to be signed by its President and Secretary.
President Secretary
Throughout this policy the words “we”, “us” or “our” refer to the Company named in the Declarations. The words “you” or “your” refer to the Insured. In addition, certain words or phrases identified by quotation marks are defined in SECTION III - DEFINITIONS.
SECTION I – LIABILITY INSURANCE
A. COVERAGE
1. This policy provides excess auto liability insurance and only applies to a “loss” involving “bodily injury” and “property damage” caused by an “accident” and resulting from the use of a covered “rental vehicle” for which “underlying limits” are provided by either the “rental operator” or “rentee”.
2. We will indemnify any “insured” for such “loss” in excess of the “underlying insurance” for which this coverage applies, during the “coverage period”, provided our liability shall apply only to the “ultimate net loss” in excess of such “underlying insurance”.
3. We have the right and shall be given the opportunity to investigate and be associated in the defense and trial of any claim, “suit” or proceeding which in our opinion may create a liability on our part under this policy. If we exercise this right, we will assume our proportionate share of all court costs, legal fees, investigation costs and interest incurred with our consent.
B. WHO IS AN INSURED?
1. Only the following are “insureds” under this policy:
a. The “Rentee” who has:
(1) entered into a “Rental Agreement” with the “policyholder” shown in the Declarations; and
(2) elected in writing under the “Rental Agreement” to purchase optional “supplemental rental liability insurance”; and
(3) Paid for optional “supplemental rental liability insurance”.
b. Additional Authorized Drivers whose names appear on the “Rental Agreement”, where the “rentee” has complied with a. (1), (2), and (3) per above.
2. The following are not insureds under this policy:
a. The “policyholder”, “certificate holder” or owner of the “rental vehicle”, or
b. Any employee, agent or family member of the “policyholder” or “certificate holder”, or
c. Any driver who is not an Authorized Driver under the terms of the “Rental Agreement,” or whose name does not appear on the “Rental Agreement”.
C. LIMIT OF INSURANCE
Regardless of the number of “insureds,” “rental vehicles,” premiums paid, number of rentals made, or claims made, the most we will pay for “ultimate net loss” is the difference between the limits of liability provided by the “underlying insurance” and the “supplemental rental liability insurance limit shown in the Declarations.
D. EXCLUSIONS
In addition to the exclusions contained in the “underlying insurance,” this insurance does not apply to the following:
1. Loss arising out of an “accident” which occurs while the “insured” is under the influence of alcohol or drugs, or other substances unless prescribed by a physician.
2. Loss arising out of the use of a “rental vehicle” by any driver who is not an “insured”.
3. Loss arising out of “bodily injury” or “property damage” sustained by an “insured” or any relative or family member of an “insured” who resides in the same household.
4. Loss arising out of the operation of the “rental vehicle” by any driver who is not an “insured”.
5. Liability arising out of or benefits payable under any uninsured or underinsured motorist law.
6. Liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault law or any similar law to the foregoing, in any state.
7. Any “insureds” liability for damage to the “rental vehicle”.
8. Loss while any “auto” is being used to transport people or personal property for a fee, regardless of whether the fee is set out specifically for transportation cost or included with the cost as a package of services provided to the general public.
9. Violation of a “Rental Agreement”.
10. “Bodily injury” to:
a. An employee of the “insured” arising out of and in the course of employment by the “insured”; or
b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above.
This exclusion applies:
(1) Whether the “insured” may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
11. “Bodily injury” to any fellow employee of the “insured” arising out of and in the course of the fellow employee’s employment.
12. “Property damage” to property transported by the “insured” or in the “insureds” care, custody or control.
13. “Bodily injury” or “property damage” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants”:
a. That are, or that are contained in any property that is:
(1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered “auto”;
(2) Otherwise in the course of transit by or on behalf of the “insured”; or
(3) Being stored, disposed of, treated or processed in or upon the covered “auto”;
b. Before the “pollutants” or any property in which the “pollutants” are contained are moved from the place where they are accepted by the “insured” for movement into or onto the covered “auto”; or
c. After the “pollutants” or any property in which the “pollutants” are contained are moved from the covered “auto” to the place where they are finally delivered, disposed of or abandoned by the “insured”. Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar “pollutants” that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered “auto” or its parts, if:
(1) The “pollutants” escape, seep, migrate, or are discharged, dispersed or released directly from an “auto” part designed by its manufacturer to hold, store, receive or dispose of such “pollutants”; and
(2) The “bodily injury”, “property damage” or “covered pollution cost or expense” does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of “mobile equipment”. Paragraphs b. and c. above of this exclusion do not apply to “accidents” that occur away from premises owned by or rented to an “insured” with respect to “pollutants” not in or upon a covered “auto” if:
(1) The “pollutants” or any property in which the “pollutants” are contained are upset, overturned or damaged as a result of the maintenance or use of a covered “auto”; and
(2) The discharge, dispersal, seepage, migration, release or escape of the “pollutants” is caused directly by such upset, overturn or damage.
14. “Bodily injury” or “property damage” due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution.
15. Any “insured’s” liability for damage to the “rental vehicle”.
16. Liability arising out of the use of a “rental vehicle” which was obtained through a “Rental Agreement” based on false, misleading or fraudulent information.
17. Loss while any “rental vehicle” is rented by the “insured” and used to transport people or personal property for a fee, regardless of whether the fee is set out specifically for transportation cost or included with the cost as a package of services provided to the general public.
SECTION II - CONDITIONS
A. LOSS CONDITIONS
1. NOTICE OF LOSS. Whenever it appears that an “accident” or “loss” is likely to involve this policy, the “policyholder” or “rentee” shall give us written notice as soon as practicable.
2. SUIT. No legal action can be brought against us unless the provisions of this policy have been complied with, and the amount of your obligation to pay has been decided.
3. EXPENSES. If at our request an “insured” has incurred attorney fees, court costs or other expenses including interest in the investigation or defense of claims, suits or other legal proceedings, we will be responsible for payment of them. We are not responsible for salaries or expenses of an “insured” or any “insureds” employee in the investigation or defense of a claim, suit or other legal proceeding without our prior consent.
4. APPEALS. If an “insured” or underlying insurer elects not to appeal judgments in excess of the “underlying insurance”, we may elect to appeal such judgments at our own expense, but in no event shall our liability for “ultimate net loss” exceed the limit of liability plus expenses incurred in such an appeal.
5. SUBROGATION. In the event of any payment under this policy, we shall participate with the “insured” and any underlying insurer, to the extent of our payment, in the exercising of all of the “insureds” rights of recovery against any person or organization liable therefore. The “insured” must do everything necessary to secure our rights and do nothing after the “loss” to impair them.
B. GENERAL CONDITIONS
1. MAINTENANCE OF UNDERLYING INSURANCE. This insurance will apply as if the “underlying insurance” is in effect, if: You have reduced such coverage or failed to keep it in effect,
a. Coverage has been denied or reduced due to the “insured’s” failure to comply with the policy conditions, or
b. The underlying insurer is bankrupt or insolvent.
2. ATTACHMENT OF LIABILITY. Liability under this policy shall not attach until the “underlying insurance” has been exhausted by payment or settlements and the “insured” has paid, or has become legally obligated to pay, the “ultimate net loss” in excess of such “underlying insurance”.
3. CHANGES. This policy together with the “Rental Agreement” constitutes the entire contract of insurance. No agent has authority to change this policy or waive any of its provisions.
4. TERMINATION. This coverage will terminate at the time a “rentee” ceases to be a “rentee” of the “policyholder” under the “Rental Agreement.
SECTION III - DEFINITIONS
A. “Bodily injury” means bodily injury, sickness or disease sustained by a person including death resulting from any of these.
B. “Certificate holder” means the person or organization, franchisee, licensee, or association member listed as an additional “policy holder” on a Certificate of Insurance.
C. “Coverage period” means the period of time the “Rental Agreement” is in effect for the “rental vehicle” and the “rentee”.
D. “Loss” means legal liability arising out of an “accident” involving a “rental vehicle” which occurs during the policy period.
E. “Policy Period” is the period during which the “Policyholder” or “Certificate holder” may offer coverage under the policy to any “Insured.” This does not include the “coverage period”.
F. “Rental Agreement” means the rental contract by which the “rentee” rents or leases the “rental vehicle”.
G. “Rental vehicle” means the “auto” rented or leased by the “rentee” from the policyholder” and described in the “Rental Agreement”.
H. “Rentee” means the person or organization who rents or leases a motor vehicle from the “policyholder”.
I. “Supplemental rental liability insurance” means optional excess liability made available to and elected by a “rentee” for which premium is paid.
J. “Ultimate net loss” means all sums actually paid by an “insured”, or for which an insured” becomes legally obligated to pay, as damages in settlement or satisfaction of a “loss” for which insurance is provided by this policy, after deduction for all recoveries or salvage.
K. “Underlying insurance” means the policy, policies or self insurance, maintained by the “rental operator” or “rentee” which provides at least the Minimum Financial Responsibility limits, where the accident occurred. This definition is associated with the terms and conditions as required under an automobile liability insurance policy.
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PERSONAL PROPERTY COVERAGE
DECLARATIONS
Policy No: See Rental Agreement Number .
Item 1 “Insured” (“Renter of vehicle):
The “Renter” shown in the referenced “Rental Agreement”
Item 2: ”Rental Agency”:
The Rental Company referenced in the “Rental Agreement”
Item 3. Coverage Period: Duration of vehicle rental (See
Section I, B. Coverage Period)
Item 4. Premium Rate: $8.19 per car, per day of rental
$15.67 per van, per day of rental
Item 5. Benefits Schedule: Personal Property Coverage
Deductible: $0 _________
Limit per “Insured”: $1,750_______ Aggregate per Coverage Period: $8,750________
This policy is governed by the laws of the jurisdiction in which it is delivered.
The provisions hereinafter contained are part of this policy as fully as if recited over the signatures hereto affixed.
IN WITNESS WHEREOF, Empire Fire and Marine Insurance Company has caused this policy to be signed by its President and Secretary.
President Secretary
____________________________________________________________________
POLICY PROVISIONS
In consideration of the premium, we will provide the following benefits, subject to the terms and conditions of the policy. Throughout this policy the words, “we”, “us” or “our” refer to the Company named in the Declarations. The words “you” or “your” refer to the “Insured”. In addition, certain words or phrases identified by quotation marks are defined in SECTION III - DEFINITIONS.
SECTION I - PROPERTY INSURANCE
A. COVERAGE
1. This policy provides insurance for personal property owned by and for the personal use, adornment or amusement of any “passenger”, but only for loss:
a. During transit, or while locked in a “rental vehicle”;
b. The loss from a “rental vehicle” must be reported to the police.
We will indemnify a “passenger” for any loss or damage to the “passenger’s” property for which this coverage applies during the COVERAGE PERIOD, except as stated in paragraph E. Exclusions. Our liability will not exceed the maximum limits shown in the Benefits Schedule.
B. COVERAGE PERIOD
Coverage is effective when an “insured” takes possession of the “rental vehicle” and ends the earlier of:
1. The termination of the “Rental Agreement”,
2. Return of the “rental vehicle” to the “rental agency” or its designated representative,
3. 30 consecutive days from the effective date of coverage.
C. WHO IS AN INSURED
1. “Insured” means:
a. A “renter” who has:
(1) Entered into the referenced “Rental Agreement” with the “rental agency” shown in the Declarations; and
(2) Elected under the “Rental Agreement” to purchase optional Personal Property Coverage; and
(3) Paid for optional Personal Property Coverage.
b. Any member of the “renters” immediate family who permanently resides in the “renters” household while traveling with the “renter” during the coverage period; and
c. Additional “Authorized Drivers” whose names appear on the “Rental Agreement”, where the “Renter” has complied with paragraphs, B.1.a. (1) through (3) above.
2. “Insured” does not mean:
a. The “rental agency”, or owner of the “rental vehicle”; or
b. Any employee, agent or family member of the “rental agency”; or
c. Any driver who is not an “Authorized Driver” under the terms of the “Rental Agreement”, or whose name does not appear on the “Rental Agreement”.
d. Anyone not specifically defined under paragraph C.1. above.
D. LIMIT OF INSURANCE
Regardless of the number of “insureds”, “passengers” or claims made, the most we will pay for any one loss is the limit shown in the Benefits Schedule. The deductible shown in the Benefits Schedule, if any, will apply to the gross amount of loss.
E. EXCLUSIONS
This insurance does not apply to:
1. Any property not owned by the “insured” or the “passenger” for other than their personal use, adornment, or enjoyment.
2. Animals, “motor vehicles”, “motor vehicle” equipment, motorcycles, water craft, motors, or other conveyances or their appurtenances, household or office furniture, business personal property or equity, contact lenses, glasses, artificial teeth or limbs, currency, coins, deeds, bullion, stamps, securities, negotiable instruments, debit or credit cards, fund transfer cards, tickets, documents or perishables.
3. Loss or damage caused by or resulting from:
a. an “accident” which occurs while the “insured” is under the influence of alcohol or narcotics, unless prescribed by a physician;
b. Loss arising out of the use of a “rental vehicle” when such use is in violation of the conditions of the “Rental Agreement”;
c. Loss arising out of the operation of the “rental vehicle” by any driver who is not an “insured”;
d. Any “insureds” liability for damage to the “rental vehicle”’ or
e. Any loss of or damage to the “insureds” property, expected or intended from the standpoint of the “insured”.
f. Any loss of or damage to the “passenger’s” property, expected or intended from the standpoint of the “insured” or the “passenger”.
4. “Property damage” due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.
5. Against loss by nuclear reaction or nuclear radiation or radioactive contamination, whether controlled or uncontrolled, and whether such loss is direct or indirect, proximate or remote, or is in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against by this policy.
6. Property while in the care, custody, or control of any common carrier.
7. Loss or damage due to unexplained or mysterious disappearance.
8. Loss or damage due to theft unless reported to the police or other competent authority.
SECTION II - CONDITIONS
A. GENERAL CONDITIONS
1. PREMIUM. The premium for this policy shall be as stated in the Declarations.
2. CHANGES. Neither the “Rental Agency” nor its agents has authority to change this policy or waive any of its provisions.
3. TERMINATION. This coverage will terminate at the time an “insured” ceases to be a “renter” of the “rental agency” under the “Rental Agreement”.
4. POLICY TERRITORY. We cover losses that occur during the Coverage Period within the United States and Canada, but only if the “loss” arises out of a “Rental vehicle” which is rented in the state of Washington. The policy territory does not include Mexico.
5. NO BENEFIT TO BAILEE. This insurance will in no manner inure directly or indirectly to the benefit of any common carrier or bailee.
6. REDUCTION IN THE AMOUNT OF INSURANCE. The amount of insurance and the applicable limit of liability, upon the occurrence of any loss covered hereunder, is reduced by the amount of such loss.
B. LOSS CONDITIONS
1. NOTICE OF LOSS. In case of loss to a “passenger’s” covered property, the “passenger” must see that the following are done:
a. Notify the police in case of loss by theft;
b. As often as we reasonably require:
(1) Show the damaged property;
(2) Provide us with records and documents we request and permit us to make copies; and
(3) Provide statements, submit to questions under oath, and sign and swear to them;
c. Send to us, within 30 days after our request, the “passenger’s” signed, sworn proof of loss that sets forth, to the best of the “passenger’s” knowledge and belief:
(1) The time and cause of loss;
(2) The interest of the “passenger” and all others in the property involved and allliens on the property;
(3) Other insurance that may cover the loss;
(4) Changes in title or occupancy of the property during the term of the policy; and
(5) The inventory of the “passenger’s” damaged personal property showing the quantity, description, actual cash value and amount of loss. The “passenger” must attach all bills, receipts and related documents that justify the figures in the inventory.
2. EXPENSES. If, at our request an “Insured” has incurred attorney fees, court costs or other expenses including interest in the investigation or defense of claims, suits, or other legal proceedings, we will be responsible for payment of them. We are not responsible for salaries or expenses of any “insureds” employee in the investigation, or defense of a claim, suit, or other legal proceeding without our prior consent.
3. SETTLEMENT OF LOSS: Any claim recoverable hereunder for damage and/or destruction will be adjusted and paid upon presentation of evidence substantiating such damage and/or destruction. We will adjust and pay any claim recoverable hereunder for lost property upon failure to recover the property lost within 30 days, providing the “insured” or the “passenger” will present evidence substantiating such loss and values involved.
4. LEGAL ACTION: No action or proceeding for the recovery of any claim under this policy will be sustainable in any court of law or equity unless there has been full compliance with all the terms of the Coverage Form; and it Is commences within 2 years from the date the cause of action accrues.
5. SUBROGATION OR LOAN: : If we make any payment under this policy and the person to or for whom payment is made has a right to recover damages from another, we shall be subrogated to that right. However, our right to recover is subordinate to the insured’s or the “passenger’s” right to be fully compensated.
6. OTHER INSURANCE: Other insurance may be available to cover your or the “passenger’s” loss. If so, we will pay in addition to other such insurance. However, we will not pay more than the applicable limit of coverage shown on the Declarations page.
7. REPLACEMENT COST COVERAGE: The following loss settlement procedure applies to all property under this policy form.
We will pay no more than the least of the following amounts.
a. Replacement cost at the time of loss without deduction for depreciation.
b. The full cost of repair at the time of loss.
c. The limit of liability that applies to this coverage form per person.
SECTION III - DEFINITIONS
A. “Accident” includes continuous or repeated exposure to the same conditions resulting in “property damage”.
B. “Agent” means an employee of the “Rental Agency” authorized and licensed to rent “motor vehicles” and sell this insurance.
C. “Authorized Driver” means any individual who has a valid driver’s license, meets the rental requirements as stated in the ”Rental Agreement” and is listed on the “Rental Agreement” as an “Authorized Driver”.
D. “Insured” means the person or organization qualifying as an insured in SECTION I, Part C. Who Is An Insured.
E. “Motor vehicle” means a land motor vehicle or trailer designed for travel on public roads.
F. “Passenger” means anyone other than the “insureds” described under part 1. of the WHO IS AN INSURED provision of SECTION I., Part C., who is travelling with the “insured” and whose property is within the enclosed portion of the “rental vehicle” with the “insured’s” permission during the COVERAGE PERIOD at the time of the loss.
G. “Property damage” means damage to or loss of use of tangible property.
H. “Rental Agency” means the company that owns and rents or leases the “rental vehicle”.
I. “Rental Agreement” means the rental contract by which the “rental agency” rents or leases the “rental vehicle”.
J. “Rental Vehicle” means the “motor vehicle” rented or leased by a “renter” from the “rental agency”
K. “Renter” means the person or organization shown on the “Rental Agreement” as renting or leasing a “motor vehicle” from the “rental agency”.
All other terms, conditions, provisions and exclusions of this policy remain the same.
For service related inquiries or to report a claim, please contact:
EMPIRE FIRE AND MARINE INSURANCE COMPANY:
TOLL FREE: 888-680-8002
If you have an unresolved problem you wish to report, you may contact:
DEPARTMENT OF INSURANCE CONSUMER HOTLINE:
WASHINGTON: TOLL FREE 800-562-6900
OUTSIDE WASHINGTON: 360-725-7080
Form#45WANATIONAL-JK_MY23