RENTAL TERMS AND CONDITIONS
RENTAL AGREEMENT JACKET TERMS AND CONDITIONS
Renter agrees by Renter’s signature (hereinafter referred to as the ‘Rental Agreement Summary”) that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement Jacket and in the Rental Agreement Summary (the Rental Agreement Summary and Rental Agreement Jacket shall be referred to collectively as the “Agreement” herein), hereof for the Rental Period whether or not subsequent Agreements are executed by Renter or if Owner assigns a new Agreement number during the Rental Period for the purpose of invoicing Renter. Renter expressly acknowledges that Renter and Owner are the only parties to this Agreement, 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 this Agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. This Agreement, 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 this Agreement, the following terms are specifically defined:
a. “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
b. “Optional Accessories” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter
c. “Owner” for the purposes of this Agreement means “OWNER OF VEHICLE” shown on the Rental Agreement Summary;
d. “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.
e. “Renter” means the person, or entity identified on the Rental Ag as “RENTER”
f. “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s).
2. Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that
Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property
of Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an
agent of Owner and has no authority to bind Owner. Renter agrees Renter received Vehicle and any
Optional Accessories in good physical and mechanical condition. RENTER IS TAKING
POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.
3. Payment by Renter.
a. For items designated as either “/hour”, “/day”, “/week” or “[month” on the Rental Agreement Summary:
(1)”/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.
(2) If “day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.
(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.
(4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.
(5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental.
(6) Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day.
b. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Rental Agreement Summary for:
(1) The hour, day, week and month charges on the Rental Agreement Summary for the Rental Period. The “/hour” charge if shown on the Rental Agreement Summary shall apply to each full or partial hour in excess of a day. The hourly charge shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Address on the Rental Agreement Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
(2) The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period. Optional Accessories, services and/or products charges for those items accepted by Renter.
(4) The optional Verified Carbon Offsets (C02 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 3rd party provider. See www.keystogreen.com for more information. The estimated emissions produced by Vehicle are based on the average mileage and fuel economy of vehicles in the rental fleet and are not calculated based on the emissions of a particular vehicle.
(5) The optional Tollpass service accepted by Renter provides for the daily rental of a toll collection transponder (Tollpass Transponder Service) or, in some states, the use of videomonitored toll collection services (Tollpass Automatic Service, and together with the Tollpass Transponder Service, collectively the Tollpass Service). 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 Tollpass Service during the Rental Period on covered roads within the Tollpass Service area at the higher of the applicable toll authority’s video toll rate, 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 tolls, any other charge(s) in addition to tolls attributed to the transponder and other associated charges incurred during the Rental Period. 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.)(3.). A current listing of Tollpass Service area covered roads is available upon request
(6) The fuel charge at the rate shown. If 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 shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. 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 for any unused fuel.
(7) The one way fee (for returning to a predetermined location other than the Branch Address on the Rental Agreement Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.
(8) The other fees and charges (none of which are taxes) including but not limited to:
(a) 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,
(b) The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge ( (CONC REC) which is Owner’s charge to recover the concession fees paid by Owner to an airport’s owner or operator in connection with this rental; and 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 or operator of the location of the Branch Address on the Rental Agreement Summary; and
(d) The Vehicle License Cost (VLF) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in Nevada. The VLF is not calculated based on the costs imposed upon a particular vehicle.
c. Additional Obligations of Renter — Unless prohibited by law, Renter shall pay Owner, its affiliates or agents:
(1) If Vehicle returns to a location other than the designated return location a vehicle recovery fee, unscheduled one way fee or drop charge which shall be no more than the greater of: a) $100.00;
b) $.50 per mile between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.
(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent DW, as described in paragraph 17, or RAP, as described in paragraph 20, do not apply.
(3) 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). Renter consents to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party on Renter’s behalf without advance notice thereof and acknowledges that such payment may prejudice Renter’s ability to contest Fines, Tolls and Violations with the applicable authority. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such Fines, Tolls and Violations. In addition, Owner, its affiliates or a third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations and their administration.
(4) A Tollpass convenience charge (TCC) (where available) of up to $5.00 per day of Rental Period for each day Vehicle is operated on a Tollpass Automatic Service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $30.00 per Rental Period. 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 Automatic Service covered roads is available upon request, Operation of Vehicle on a roadway or bridge not covered by Tollpass Automatic vice where applicable tolls are not paid may subject the Renter to Fines, Tolls and Violations see Paragraph 3.c.(3.) above. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL SUCH AMOUNTS.
(5) 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. taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.
(7) All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in regaining possession of Vehicle or in enforcing any term or condition, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.
IF A CREDIT CARD OR DEBIT CARD HAS BEEN 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 AGREEMENT INCLUDING IF ANY THIRD PARTY TO WH0M A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER. FOR A VEHICLE RENTED WITH A CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF RENTAL PERIOD. All charges are subject to final audit by Owner.
4. Limits on 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 THE 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
(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract
carrier or a private carrier of property UNLESS:
i. Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and
ii. Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations.
(4) Vehicle shall not be used for: any illegal purposes; in any illegal 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 the use of narcotics, alcohol, intoxicants, or drugs, used with or without a prescription.
(8) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/ or guidelines.
(9) Vehicle shall not be driven or taken outside the states authorized on the Rental Agreement Summary.
(10) Vehicle shall not be driven on an unpaved road or off-road.
(11) 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.
(12) Renter shall not transfer or assign this Agreement and/or sublease Vehicle.
(13) Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
(14) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.
b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3.
5. Roadside Assistance. For roadside assistance in the U.S. and Canada call 1-800307-6666 and you will be connected to a third party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.
6. Accidents. Damage to, loss or theft of, Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an Event Data Recorder or similar device (EDR) for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.
7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. 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 to the maximum extent permitted by Nevada law. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. Renter shall pay Owner the amount necessary to repair Vehicle. However, if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter acknowledges that:
a. Renter’s responsibility for loss or damage to the Vehicle or Optional Accessories will not exceed the fair market value of Vehicle at the time Vehicle is lost or damaged plus actual towing, storage and impound fees, an administrative charge ($50 if the repair estimate is less than $500, $100 if between $500 and $1499.99, and $150 if greater than $1500), and a reasonable charge for loss of use regardless of fleet utilization (if Owner determines Vehicle is repairable, loss of use shall be total labor hours from the repair estimate divided by 8, multiplied by the daily rate (including any Car Class Change) on the Rental Agreement Summary. If the vehicle is stolen and not recovered or Owner determines Vehicle is salvage, loss of use shall be 15 days),
b. Renter’s responsibility for damage to the Vehicle and loss of use of Vehicle resulting from vandalism not related to the theft of the Vehicle and not caused by Renter will not exceed $2,500; and
c. Renter is not responsible for loss of or damage to Vehicle resulting from theft or vandalism related to the theft if Renter has possession of the ignition key or Renter establishes that the ignition key was not in Vehicle at the time of the theft, Renter files an official report of the theft with the police within 24 hours of learning of the theft and Renter cooperates with Owner and the police in providing information regarding the theft, and neither Renter nor an AAD(s) committed or aided and abetted the commission of the theft. If Vehicle is returned during nonbusiness hours or to any place other than the Branch Address on the Rental Agreement
Summary, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking and inspecting the Vehicle is Renters responsibility. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL DW.
8. Responsibility to Third Parties. Owner or its affiliate complies with applicable motor vehicle financial responsibility laws as an insured, self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law or this Agreement, neither Owner or its affiliate extends any of its motor vehicle financial responsibility or provides insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement. If valid automobile 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 as the case may be extends none of its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement 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. Unless required by law, Owner’s or its affiliate’s financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. SEE PARAGRAPH 18 FOR INFORMATION ON OPTIONAL SLP.
9. Indemnification by Renter. Renter shall defend, indemnify and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner or its affiliate(s) for all such losses. This obligation may be limited if Renter purchases optional DW and/or optional SLP to the extent DW and/or SLP applies. SEE PARAGRAPHS 17 AND 18 FOR MORE INFORMATION ON OPTIONAL DW AND OPTIONAL SLP.
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 Agreement. 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.
11. Personal Property. Owner is not responsible for any damage to, loss or theft of, any personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises.
12. Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent, DW, PAI and SLP do not apply to accidents or events that occur in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into Mexico.
13. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, 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 Agreement; 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 Agreement; or the 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
a. To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if:
Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay
for any damages; or
ii. Any liability claims against Owner arise in connection with this rental transaction and
Renter fails to defend, indemnify and hold Owner harmless from such claims;
b. To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for such claims, damages, liabilities or rental charges.
15. Severability, If any provision of this Agreement 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 Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
17. Optional Damage Waiver.
DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase Damage Waiver (DW) from Owner for an additional fee. If Renter purchases DW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s damage responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to Optional Accessories or any liability imposed by law. DW does not apply to damage occurring in Mexico.
When deciding whether or not to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.
THE FOLLOWING INVALIDATE DW:
a. Damage or loss resulting from:
(1) the intentional, willful, wanton or reckless conduct of Renter or AAD(s);
(2) operation of the Vehicle by Renter or an AAD(s) while under the influence of drugs or alcohol in violation of the laws of the state in which the loss or damage occurs;
(3) Renter or AAD(s) using the Vehicle to tow or push anything; or
(4) operation of the Vehicle by Renter or AAD(s) on an unpaved road if the damage or loss is a direct result of the road or driving conditions;
(5) Damage or loss resulting from theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:
(a) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and
(b) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft. The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft.
b. Damage or loss occurring when the Vehicle is:
used for hire;
(2) used in connection with conduct that constitutes a felony;
(3) involved in a speed test or contest or in driver training activity;
(4) OPERATED BY A PERSON OTHER THAN YOU OR AAD(s), or
(5) operated in a foreign country or outside the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless this Agreement expressly provides that the Vehicle may be operated in other locations; or
C. If the Vehicle was rented as a result of fraudulent information provided to Owner by Renter or an AAD(s) or as a result of false information provided to Owner by Renter or an AAD(s) if Owner would not have rented the Vehicle if it had received true information.
18m Optional Supplemental Liability Protection.
THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE SLP POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. SLP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.
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 Rental Agreement 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 $1 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 this Agreement. 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 Rental Agreement Summary.
For all exclusions, see the SLP policy. Here are a few key exclusions:
(a) Loss arising out of an accident which occurs while Renter or AAD(s) is under the influence of alcohol or drugs, or other substances unless prescribed by a physician; (b) Loss arising out of bodily injury, death or property damage sustained by Renter or AAD(s) or any relative or family member of Renter or AAD(s) who resides in the same household; (c) Loss arising out of the operation of Vehicle by any driver who is not Renter or AAD(s); (d) Liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state; (e) Liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault or any similar law to the foregoing, in any state; (f) Bodily injury, death to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by Renter or AAD(s); (g) Property damage to property transported or in the care, custody or control of Renter or AAD(s); (h) Damage to Vehicle; (i) Liability arising out of the use of Vehicle, which was obtained based on false, misleading or fraudulent information; (j) Loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of the Agreement.
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, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. The parties also agree that claims involving 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. A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party. The Notice to Owner should be addressed to: Smart Auto Rental Inc, 7835 S. Rainbow Blvd, Suite 4C, Las Vegas, NV, 89139 (“Notice Address”). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, a party 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 this agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org. The arbitration will be confidential and hearings will take place in the federal judicial district of your Rental Location.
(2) Arbitrator’s Authority: The arbitrator is bound by this Agreement, 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 this agreement, including whether it is void. The parties 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 party and for a party’s individual claim.
(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: The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration. This Arbitration Agreement 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 the Arbitration Agreement 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.