VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
1. DEFINITIONS: " Agreement" means all terms and conditions found on the " face page" and in these Terms and Conditions. " You" or " Your" means the person identified as the customer on there reverse side of this agreement, each person signing this agreement, every authorized driver and each person or organization to whom charges are billed by us at its or the customer's direction. You are jointly and severally bound by this agreement. "We", "us", or "our" means the independent automobile dealer or its affiliate named elsewhere in the agreement. " Vehicle" means the automobile or truck identified in this agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and documents. The vehicle is equipped with global satellite positioning (GPS) technology, data recorder, and privacy is not guaranteed. " Authorized Driver" means (a) the customer and the customer's spouse, (b) additional drivers listed by us in this agreement, (c) if the customer is a business entity. Authorized driver includes customer employees who are permissible drivers on the business entity's auto insurance policy, (d) the customer's employer, employee or coworker and engaged in a business activity with the customer, and (e) a person driving the vehicle to a medical or police facility under circumstances reasonably believed to be an emergency. Authorized drivers are the only persons permitted to drive the vehicle. Each authorized driver must be at least age 18 and posses a valid driver's license. " 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 during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. " Daily Vehicle Rate" means the daily time and mileage fee that we typically charge for vehicles of the same type as the vehicle. "Diminished Value" means the actual cash value of the vehicle just prior to damage or loss less the value of the vehicle after repair or replacement. " Charges" means the fees and charges that are incurred under this agreement. " Vehicle License Fee" means our estimate of the average per day per vehicle portion of out total annual vehicle licensing, titling, and registration costs. "Rental Period" means the period between the time you take possession of the vehicle until the vehicle is either returned to or recovered by us and checked in by us.
2. RENTAL, CONSIDERATION, Indemnify AND WARRANTIES: This is a contract for a rental of the vehicle offered to you. Your signature on the face page is acceptance of this offer, and is acknowledgment that binding consideration exists, as follows: We may repossess the vehicle are your expense without notice to you if the vehicle is abandoned, no payment made, or used in violation of law of this agreement. We also have the right to monitor the vehicle through GPS or other remote tracking devices where permitted under applicable law. You will promptly report any incident involving loss or damage to the vehicle while rented under this agreement to our company location where the vehicle was rented from and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this agreement or your use of the vehicle. OUR COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, IT'S MERCHANTABILITY FOR ANY PARTICULAR PURPOSE. No right of the company under this agreement may be waived except in writing by an officer of the company. The company shall NOT be held liable for any injury, damages or any other occurrence as a result of child restraints not being correctly fitted or used. You release us, our agents, and our employees from all claims for loss of or damage to personal property that was left with us or carried in the vehicle. if you fail to claim property left in the vehicle for more than 24 hours, we may dispose of that property in a manner we choose. If the vehicle becomes unsafe to drive due to a breakdown that was not the fault of the customer, the company will refund the customer the rental charges that relate to the period during which the car could not be used or an alternative vehicle was made available. In the event that an accident renders the vehicle unsafe to drive, the company will make NO REFUND for the used rental period and the provision of a replacement vehicle shall be at the company's sole discretion. The company shall not be responsible for the cost of transporting the customer and accompanying passengers away from the accident location. In the event that the company decides to offer the customer an alternative vehicle, the vehicle will be made available at the company's office and not delivered to the accident location.
3. INSPECTION, CONDITION AND RETURN OF VEHICLE: This vehicle was rented to you in good operating condition. You agree to return the vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN DAMAGE) together with all tools, tires, accessories, and equipment to our company location on the date stated on this agreement. The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel, you'll have a $50 fee. You must return the vehicle to our office before 12:00pm (NOON) on the date on this agreement, if you're late there is a $25/ hour late fee. If the vehicle is retured after closing hours, you remain responsible for all damage to or loss of the vehicle until we inspect it on reopening for business. All charges may continue to accrue until the return location opens for business. You must obtain our prior approval before servicing the vehicle or replacing parts or accessories. You grant us, our agents, assigns and each person with a financial interest in the vehicle the right to inspect the vehicle during this rental. You also will check and maintain vehicle fluid levels. If you wish to extent the rental period you must at least a 48 hour notice. The company must be notified and agree to any extension of the period of rental beyond that stated on this agreement.
4.RESPONSIBILITY FOR DAMAGE OR LOSS, REPORTING TO POLICE: You are responsible for theft of the vehicle and damage to it whether or not you are at fault. You are responsible for damage to the vehicle caused by wheather, road conditions and acts of nature. Subject to the law in the jurisdiction where the vehicle was rented, your responsibility will include,(a) all physical damage to the vehicle measured as follows (i) if we determine that the vehicle is a total loss, the fair market value of the vehicle, less salvage: (ii) if we determine that the vehicle is repairable: (a) the difference between the value of the vehicle immediately before the damage and the value immediately after the damage; or (b) the reasonable estimated retail value or actual cost of repair plus diminished value; (c) Loss of use, which shall be measured by multiplying the daily vehicle rate either by the actual nor estimated number of days from the date the vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of loss of use damages and not a penalty. (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this agreement or collection of charges, including attorneys' fees, collection fees, and costs whether or nor litigation is commenced. You are responsible for replacing missing equipment, vehicle documents and vehicle keys. Minimum replacement key charge is $500; also, if the under body of the vehicle is damaged regardless of cause, if tires are damaged other than by normal wear. An administration fee will apply to parking or traffic infringements, speeding fines, red light, and toll fines of $150/ each violation.
5.PROHIBITED USES: The following uses of the vehicle are prohibited and constitute material breaches of this agreement. The vehicle shall not be used: (a) by anyone who is not an authorized driver stated on this agreement, or not licensed to drive, or by anyone whose driving license is suspended; (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) for an illegal purpose or in the commission of a crime; (e) to carry persons or property for hire; (f) to push or tow anything; (g) in a race or speed contest; (h) to teach anyone to drive; (i) outside the united states or Canada, or 100 miles out of the Houston, TX area(need to notify us before going out of town, If fail to do so will pay $0.20/mile fee); (j) on an unpaved surface; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect you to know that further operation of the vehicle would damage it; (m) where applicable, by anyone who lacks experience driving a vehicle equipped with manual transmission; (n) to transport an animal (other than a service animal)(we need to know if there will be pets in vehicles, health purposes); (o) to carry more passengers than the number of existing seatbelts; or (p) by anyone who is sending an electronic message, including text(SMS) messages or emails, while operating the vehicle. Smoking is not permitted in the vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
6. INSURANCE: You are responsible for all damage or loss you cause to other. You agree to maintain automobile insurance during the term of this rental agreement which provides to the owner, to us, and to you.