1. Definitions. “Agreement” means all terms and conditions found in this form, the rental document signed by you, a rental invoice with computed rental charges and fees, all additional materials you sign or we provide at the time of rental. ”You” or “your” means the person identified as the renter on the Face Page of the rental Agreement, each person signing this Agreement, each Authorized Driver and each person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “You” or “Your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the business organization named on the Face Page of the Agreement that is renting the Vehicle to you. “Additional driver” means a person we list on the Face Page of this agreement. “Authorized Driver” means the renter and each additional driver listed by us on the Face Page of the Agreement. Only Authorized Drivers are permitted to operate the Vehicle. “Vehicle” means the automobile identified in this Agreement and each vehicle we substitute for it, and all its integral components, parts, tires, tools, accessories, equipment, keys and Vehicle documents, but “Vehicle” does not include portable navigation devices, child safety seats or any other “Optional Equipment” that you rent from us. “CDW” means Collision Damage Waiver. “Physical Damage” means damage to, or loss of the vehicle caused by a collision with another vehicle or by upset. Physical Damage does not include “Comprehensive Damage” such as damage to or loss of the Vehicle due to theft, vandalism, an act of nature, riot or civil disturbance, hail, flood, fire or other damage not caused by collision or upset. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it that occurred during your rental of it, including uses other than for rental, such as display for rent, display for sale, opportunity to rent, opportunity to upgrade, opportunity to sell or transportation of employees. Loss of use represents an estimate of actual damages and not a penalty. “Diminished Value” means the actual cash value of the Vehicle just prior to damage to or loss of it less the value of the Vehicle after repair or replacement.
2. Rental; Indemnity and Warranties. This is a contract for rental of the Vehicle. You agree to operate the Vehicle in accordance with all applicable local traffic laws and regulations, treat the Vehicle with due care and respect, make routine inspections of oil, coolant, windshield washer fluid levels and tire pressures, take any preventative actions necessary to keep the Vehicle in good working order, always keep it locked and protected by its anti-theft systems and devices when it is parked or left unattended. The Vehicle may not be taken into Mexico or Canada under any circumstances. You agree not to alter the Vehicle or any Optional Equipment. Any repairs, service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You acknowledge that you will not be reimbursed for any repairs or replacement of parts not authorized by us. You must provide our written authorization and fully legitimate invoice from an authorized repair facility to be eligible for such reimbursement. You assume full responsibility for all expenses that you incur due to Vehicle breakdown or damages to the Vehicle resulting from the performance of unauthorized repairs. If you or any Authorized Driver determine the Vehicle or any Optional Equipment is unsafe, you or the Authorized Driver must stop operating the Vehicle or using Optional Equipment and notify us immediately. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. We may demand, verbally or in writing, the return of the Vehicle or we may repossess the Vehicle at your expense without notice to you if the Vehicle appears abandoned, or was not returned to specified location on date and time specified on the Face Page of the Agreement, or used in violation of law or this Agreement, or anytime we discover that false information was provided to us to obtain the Vehicle. You agree to indemnify us, our parent and affiliated companies for, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle.
3. Condition; Inspection; Extension and Return of Vehicle. The Vehicle is provided in clean and mechanically sound condition and must be returned in the same condition except for ordinary wear. It is your responsibility to thoroughly inspect the Vehicle for any existing damages, dashboard warning lights and fuel level prior to taking possession of the Vehicle. You must return the Vehicle to our rental location or other location we specify, on the date and time indicated on the Face Page of the rental Agreement and with at least the same amount of fuel as when rented. The Vehicle must be inspected by a member of our staff for any previously non existent damages, current fuel level and odometer reading immediately upon return of the Vehicle. You have a Grace Period of 60 minutes past specified return time to return the Vehicle. If you fail to return the Vehicle within the specified period of time we will void your Grace Period and full undiscounted daily rental rate begin to accrue along with all applicable daily charges and fees. You are allowed to return the Vehicle after closing hours. The key to the Vehicle must be placed in the Key Drop Box. However, if the Vehicle is returned after closing hours, you remain responsible for all damages to or loss of the Vehicle until we inspect it upon our next opening for business and all rental charges and applicable fees will continue to accrue until the return location reopens for business. If you wish to extend the rental period, you must contact our rental location before your return date. We do not guarantee that such an extension will be granted. You may be required to return the Vehicle to our rental location for inspection and written amendment of the return date. Higher rental charges may apply for the extension period. If the extension is granted, you must receive written or electronic amendment and all new charges must be paid in advance. Unauthorized extensions are not acceptable and will be subject to full undiscounted daily rate for the period of time from when the Vehicle became past due and until we receive it at our rental location. You will be responsible for all costs we may incur associated with repossessing the Vehicle if we choose to do so.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for the Vehicle from the moment you sign the Agreement and receive the key to the Vehicle. You are responsible for all damages to, loss of or theft of the Vehicle, including damage caused by vandalism, weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair or the actual cash retail value of the Vehicle on the date of the loss just prior to the loss if the Vehicle is not repairable, or if we elect not to repair it, less salvage value of the Vehicle. You are responsible for mechanical damage to the Vehicle resulting from your deliberate or negligent act or omission, and all Physical and Comprehensive Damages to the Vehicle regardless of cause. You are also responsible for Loss of Use, Diminished Value and administrative expenses incurred by us processing the claim. You must report all accidents or incidents or theft and vandalism to us and the police as soon as you discover them.
5. Insurance; Injury to Others. You are responsible for all injury, damage and loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us and the Vehicle, whether afforded to you by your personal auto insurance or by any other third party insurance product you purchased. Where State law requires us to provide auto liability insurance, or if you failed to provide us satisfactory proof of coverage, we provide auto liability insurance (the “Policy”) that is secondary to all other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the State whose laws apply to the loss. The Policy does not cover any damages to, loss of or theft of the Vehicle. We do not offer Supplemental Liability Insurance (SLI), Personal Accident Insurance (PAI) or Personal Effects Insurance (PEI). You and we reject PIP, medical payments, no-fault, uninsured and under-insured motorist coverage and other optional protection, where permitted by law. Giving the Vehicle to an unauthorized driver terminates coverage under the Policy. The Policy is void if you breach this Agreement (see 7. Breach of Agreement) or if you fail to cooperate in a loss investigation conducted by us or our insurer. The Policy applies only in the United States, and the Vehicle may not be taken into Mexico or Canada under any circumstances.
6. Collision Damage Waiver. This Contract offers, for an additional fee, a Collision Damage Waiver (CDW) to cover your responsibility for damage to or loss of the Vehicle due to collision or upset. Before deciding whether to purchase CDW you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents’ insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. If purchased, CDW will be indicated on the Face Page of the rental Agreement as an additional daily fee. If you purchase CDW, we will waive your responsibility for Physical Damage to the Vehicle. CDW does not apply to loss due to theft or any other Comprehensive Damage to the Vehicle (see 1. Definitions), tire damage caused by puncture, window stars and cracks, any interior damage not caused by collision (burn holes, cuts, etc) or any damage to Optional Equipment we rent to you for use in the Vehicle such as navigation aids and child safety seats. We WILL NOT waive your responsibility if: (a) you fail to notify us and the police of any accident involving the Vehicle; (b) the Vehicle odometer has been tampered with or disconnected; (c) damage to the Vehicle occurred when the Vehicle was operated by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (d) damage is caused by anyone driving the Vehicle under the influence of alcohol, prescription or non-prescription drugs; (e) damage caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (f) damage occurs during the commission of a crime, other than a minor traffic violation; (g) damages occurs while carrying persons or property for hire, while pushing or towing anything, during a race, speed test or contest, or while teaching anyone to drive; (h) damage results from carrying dangerous or hazardous items or illegal material; (i) damage occurs outside the geographic limitations indicated in this Agreement; (j) damage is caused by driving on unpaved roads; (k) damage occurs while transporting more persons than the Vehicle has seat belts, while carrying persons or property outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (l) damage occurs when the Vehicle fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (m) damage is caused by inadequately secured cargo; (n) damage is caused, where applicable, by anyone who lacks experience operating a manual transmission; (o) damage results from driving or operating the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in a hands-free mode; (p) damage results from your willful, wanton or reckless act or misconduct; (q) damage occurs after you reported the Vehicle stolen but failed to return to us all keys to the Vehicle or ignition devices we gave you at the time of rental, or if it was determined that theft occurred when the Vehicle was unlocked, or the keys and/or key fob were lost, stolen or left in the Vehicle when not operating it.
7. Breach of Agreement. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle or extended the rental period by giving Us false, fraudulent or misleading information; (d) under circumstances that could be properly charged as a crime other than a minor traffic violation; (e) carrying dangerous or hazardous items or illegal materiel; (f) to carry persons or property for hire; (g) to push or tow anything; (h) in a race or speed contest; (i) to transport more persons than the Vehicle has seat belts, to carry persons outside the passenger compartment, or to transport children without approved child safety seats as required by federal and state law; (j) to teach anyone to drive; (k) outside the contiguous United States without our prior written permission; (l) with inadequately secured cargo; (m) on an unpaved surface; (n) when the odometer has been tampered with or disconnected; (o) when it is reasonable to expect You to know that further operation of the Vehicle would damage it; (p) where applicable, by anyone who lacks experience driving a vehicle equipped with manual transmission; (q) to transport an animal; (r) in or through a structure of an underpass or other object where there is insufficient clearance (width or height). Removing a tracking device from the Vehicle is also a breach of this Agreement. We may terminate this Agreement and repossess the Vehicle at your expense without notice to you if the Vehicle is used in violation of law or this Agreement.
8. Optional Equipment. All Optional Equipment is offered for an additional fee. The fee is indicated as a daily charge on the Face Page of the Agreement. Child safety seats and GPS navigation devices are subject to availability and must be requested in advance. Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented including all accessories. Optional Equipment is not covered by CDW and, if it’s lost or damaged, you must pay us for its repair or the fair market value of a replacement. You have the sole responsibility to inspect and properly install child safety seats by yourself. Installation instructions and operational manuals for all Optional Equipment are available at our rental locations for you to review. We make no warranties, express, implied or apparent, regarding child safety seats or any other Optional Equipment, no warranty of merchantability, and no warranty that the child seat or any other Optional Equipment is fit for a particular purpose. You are responsible for all injury or damage arising out of or related to your use of child safety seats, or any other Optional Equipment.
9. Roadside Assistance. Roadside services related to mechanical breakdown including emergency towing to the nearest authorized dealer are free of charge and included in your rate. Roadside assistance services related to road hazard and driver’s error such as flat tire service, lockouts and fuel delivery are not included. You are responsible for all additional costs such as cost of tire repair or replacement tire, if tire is not repairable (if it was punctured in the shoulder or sidewall or tread puncture is larger than ¼ of an inch), cost of replacement of lost keys or key fobs, cost of windshield repair (if chips are smaller than ¾ of an inch) or windshield replacement. Optional Roadside Assistance Plus package is available for an additional fee that, if purchased, will be indicated on the Face Page of the rental Agreement as daily charge. With the purchase of our optional Roadside Assistance Plus package we will provide all roadside assistance services and cover the cost of replacement of lost keys and key fobs, cost of replacement tire and cost of windshield repair or replacement. When deciding whether to purchase our optional Roadside Assistance Plus package, you may wish to check if any of roadside assistance benefits are offered to you by your auto insurance provider, credit card company or any other third party product available to you. You acknowledge that Roadside Assistance Plus package does not offer trip interruption protection or reimbursement for any expenses you may incur arising out of such trip interruption. We reserve our right to decline any services or void any coverage offered in Roadside Assistance Plus package if you are in breach of the Agreement (see prohibited uses in paragraph 7. Breach of Agreement) with no refund or credit to be issued to you.
10. Tolls. You are responsible for paying all toll charges at all toll collection facilities. Optionally, you can rent an EZ-Pass toll transponder for a daily fee of $2.99 (or $20 per rental whichever is lesser). With the rental of EZ-Pass transponder we will prepay all your toll charges in States of Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Virginia and West Virginia at cash rates published at toll collection facilities or discounted rates where available. You agree to reimburse us for all toll charges prepaid by us on your behalf during your rental at the conclusion of the rental. You are responsible for paying all toll charges directly to appropriate charging authorities at all other toll collection facilities in all States not participating in EZ-Pass toll collection program. If you fail to pay toll charges to charging authorities directly within 14 days of the date of toll violation or of the date when we notify you of your toll violation and we pay the charges on your behalf, you will reimburse us for all such costs and, in addition, pay us an administrative fee of $5.00 per each violation.
11. Traffic Violations. You are responsible for paying directly to the appropriate third party for all parking and traffic citations, fines, penalties, forfeitures, court costs, towing and storage charges assessed against us or the Vehicle during this rental. If you fail to pay to charging authorities directly within 14 days of the date of violation or of the date when we notify you of your violation and we pay the charges on your behalf, you will reimburse us for all such costs and, in addition, pay us an administrative fee of $10.00 per each citation.
12. Smoking in the Vehicle is strictly prohibited regardless of the presence of “No smoking” decals. You will be subject to Cleaning fee (see 15. Charges) if any evidence of smoking in the Vehicle is discovered by members of our staff upon return of the Vehicle. Any smoke residue, ash, odor, burn holes as well as the excessive presence of air fresheners, dispensers or concentration of odor eliminating sprays or chemicals may constitute such evidence.
13. Fuel policy. The Vehicle must be returned with the same amount of fuel as when rented. Failure to return the Vehicle with the same amount of fuel will result in Refueling Charge (see 15. Charges). You and We agree that we round down current fuel gauge reading to the nearest 1/8 of the tank. As an alternative, we offer a “Prepaid Fuel” option. Cost of Prepaid Fuel is an estimate based on average fuel tank capacity of vehicles we offer in applicable category and cost of regular gasoline at local stations. The actual charge may be higher or lower than original estimate depending on the make and model of the Vehicle rented and current prices of regular gasoline at the time of rental. Prepaid Fuel option is available anytime before or during the rental. With the purchase of Prepaid Fuel you may return the Vehicle with any amount of fuel in the tank. No refund or credit will be issued for unused fuel.
14. Deposit. At the beginning of rental you permit us to reserve a reasonable amount (“Authorized hold” or “Security deposit”) against your card. The Deposit does not lower amounts due to us under the rental Agreement and is charged in addition to all applicable rental charges and fees. Your available credit (for credit cards) or amount of funds available to you (for debit cards) will be reduced by the amount of estimated rental charges and fees at the beginning of the rental and the amount of the Deposit. It is your responsibility to ensure the availability of funds sufficient to cover all estimated rental charges and the Deposit. We are not responsible for any over limit, overdraft or insufficient funds fees charged to you by your card issuing bank. At the end of the rental, we may use your deposit to pay any amounts owed to us under this Agreement. The Deposit, whether full or partial, will be released to you within 24 hours after completion of your rental. The release transaction is subject to terms and conditions of your card issuing bank and funds may not be immediately available.
15. Charges and Costs. You will pay us at the conclusion of this rental or on demand all charges, additional fees and taxes indicated on the Face Page of this Agreement. You will reimburse us for all expenses we incur recovering the Vehicle, if it is not returned as promised; all traffic, parking and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges assessed against us or the Vehicle during this rental, any Damage to or Loss of the Vehicle, if the Vehicle is damaged, cost of replacement keys or key fobs, Diminished value of the Vehicle. In addition, when applicable, you agree to pay: (a) Refueling charge – $6.95 per each gallon of missing fuel if the vehicle is returned, or we receive the Vehicle, with less fuel than when rented; (b) Cleaning fee – up to $250 if any evidence of smoking in the vehicles is found, or if the Vehicle returned substantially less clean than when rented and detailing services are required; (c) Loss of use – you and we agree that the actual dollar amount is determined by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired times 75% of the Vehicle daily rental rate specified on the Face Page of the rental Agreement without regards to Vehicle utilization; (d) No show fee – $35 if you don’t cancel your reservation and fail to pick up reserved vehicle within 2 hours after specified pickup time; (e) Administrative fee – $15 per each and any unpaid traffic citation, parking ticket, toll, fine, penalty, forfeitures, court costs, towing and storage charges assessed against us or the Vehicle during this rental that we pay on your behalf; (f) Return item – $50 or the maximum amount permitted by law, whichever is greater, per each charge back transaction or returned cheque. All charges are subject to our final audit. You authorize us to charge your credit or debit card for any additional charges, fees, costs or any amounts you owe us under this Agreement. If errors in computation of the charges are discovered after closing of this rental, you authorize us to correct the charges with the issuer of the payment card used for this rental or for another Agreement with us.
16. Collections. If you fail to pay us all amounts due under this agreement upon our demand, including all rental charges, fees, expenses, traffic or parking citations, fines and penalties, toll charges, towing, impoundment and storage fees, you agree to pay us a 2% per month late payment fee on all past due amounts or the maximum amount allowed by law, whichever is greater, all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement. You authorize us to share your personal, employment and credit/debit card information with third party collection agents.
17. Your Property. We do not offer Personal Effects Insurance (PEI). You agree to transport and store your personal property at your own risk. You release us, our agents and employees from all claims for loss of and damage to your personal property or that of another person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in a service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
18. Tracking system and Privacy notice. You acknowledge that the Vehicle may be equipped with a tracking device that may use satellite, cellular or radio signals to transmit data, and therefore your privacy cannot be guaranteed. We may locate, monitor or disable the Vehicle through such systems, if we find it necessary, without notice to you. We are not responsible for the operability of the tracking system installed in the Vehicle. You authorize us to disclose the location of the Vehicle to a third party for business purposes related to your rental or in connection with enforcement of our rights under this Agreement.
19. Personal Information. The information that you provide to us is stored and used to the fullest extent permitted by law. You authorize us to provide any personal information in our possession about you and Authorized Drivers including names, addresses, phone numbers, driver’s license and credit/debit card information to any appropriate authorities, insurers, our affiliates, law enforcement agencies, debt collection agencies and third parties that conduct services on our behalf. You acknowledge that it is your responsibility to disclose this information to all Authorized Drivers. You also consent to us or our representatives contacting you. We will keep a record of suspected fraud, accident history or any breach of the Agreement, which we may use for our future decisions regarding you or any Authorized drivers.
20. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
21. Miscellaneous. A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void, found by any court or relevant authority to be unlawful, invalid or unenforceable, the remaining provisions are valid and enforceable.