Rental Agreement Terms and Condition
1 . Definitions. “Agreements” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the renter on the reverse side of this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or your direction. All persons referred to as “you” or “your” are jointly and severally bound by this agreement. “We”, “our” or “us” means the business named on the reverse. “Authorized Driver” means: the renter; the renter’s spouse; the renter’s employer and coworker if engaged in business activity with the renter while using the Vehicle; any additional driver and listed by us on the rental Agreement, provided that each such preceding person has a valid driver’s license and is at least age 21. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, all its tires, tools, and accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver.
2.Rental Indemnity and Warranties. This Agreement is for the rental of the Vehicle. You agree to indemnify us, defend us and hold us harmless from and against all claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental. 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.
3. Condition and Return of Vehicle. You must return the Vehicle to our office or other locations we specify, on the date and time specified in this Agreement, and in the same condition received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels. We may repossess the Vehicle is abandoned or used in violation of law or this Agreement.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damages to the Vehicle, which, includes the cost of repair or the rental crash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect to sell the Vehicle without repairing it, missing equipment, and our administrative expenses connected any damage claim in accordance with Cal. Civil Code section 1935. Whether or not you are at fault you are responsible for loss due to theft with a theft, if you fail to exercise ordinary care while possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful, and accidents involving the Vehicle or theft of the Vehicle and vandalism to us and to the police as soon as you discover them.
5.Collision Damage Waiver. If you purchase CDW or any insurance from us, we have the right to collect from you a Deductible for any damage or loss of the Vehicle. We also have the right to collect from you if you provided fraudulent information to us at the time or during the rental, or you provided false information to us and we would not have rented the Vehicle if we would have received true information, or if damage to the Vehicle: (a) results from you intentional, willful, wanton, or reckless conduct; (b) occurs during operation of the Vehicle while an Authorized Driver is under the influence of drugs or alcohol in violation if code 23152 of the California Vehicle Code; (c) is caused by towing or pushing anything ;or, (d) results from operation from the Vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions. (e) occurs while it is used for commercial hire; (f) results from use in connection with conduct that could be properly charged as a felony; (g) occurs during a speed test or contest, or in driver training activity; (h) occurs while it is operated by a person other than the Authorized Driver; or (i) occurs while it is operated outside the United States
6. insurance. You agree to provide primary auto liability, collision, and comprehensive insurance covering you, us, and the Vehicle. You are responsible for all damage or loss you cause to others.
*Rental Insurance Deductible $1,000.00
If you do not have liability insurance, or if the state law requires us to have liability insurance, we provide an auto liability insurance policy ( the “Policy”) that is secondary, excess or contingent.The Policy provided bodily injury and property damage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. The Policy provides uninsured or under insured motorist coverage only in the states where we are required by law to provide it.Coverage is void if you breach the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. You and we reject no-fault and uninsured and under insured motorist coverage. Giving the Vehicle to an unauthorized driver terminates our liability insurance, if any. If a liability loss occurs this agreement shall be constructed according to the laws of the jurisdiction in which the loss occurred.
7. Charges You will pay us on demand for all charges due to us under the Agreement that are allowed by law, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer or its seal is tampered with or disconnected; (b) charges for optional products you elected to purchase from us; (c) fuel, if you return the Vehicle with less fuel when rented; (d) applicable taxes; (e) all parking, traffic and toll violations, citations fines, penalties, forfeitures, court cost, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle unless these expenses are our fault; ( f)$50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we may incur; (g) costs, including pre- and post-judgement attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (h) a 2% late payment fee on all amounts past due; (j) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented.
8. Deposit. We may use your deposit to pay for any amounts you owed to us under this Agreement.
9. Your Property. You release us, our agents and employees for all claims of your loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or carried in or on the Vehicle or any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Breach of Agreement. The acts listen in Paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of this Agreement
11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. To extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional 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 any of our rights under this Agreement does not construe a waiver of any other provision of this Agreement. Unless prohibited by law, you release from any liability for consequential, special or punitive damages in connection with this rental or reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
13.Arbitration: Except for claims for property damage, personal injury, or death, ANY DISPUTES DETWEEN OR AMONGEST RENTER, VIP Van Rentas. NESS BUSINESS GROUIP INC. OR ANY OF ITS AFFILATES MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVDUAL BASIS; CLASS ASCTIONS ARE NOT ALLOWED. RENTER AND VIP WAIVE THE RIGHT TO A TRAIL BY JURY OR TO PARTICIPATE IN A CLASS ACTION EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. Renter and VIP remain free to bring any issues to the attention of government agencies. This Arbitration provision’s scope is broad and includes without limitation, any claims relating to any aspect of the relationship between Renter and VIP.
14. Gps Notice and Release: Vehicle may be equipped with OnStar or another telematics system. Renter acknowledges that such systems utilize cellular telephone and/or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. Renter authorizes use or disclosure of or access to call location information concerning Renter or other user of the service, automatic crash notification to any person for use in the operation of an automatic crash notification system and use of the vehicle location system. Renter releases VIP Van Rentas from any and all damage to persons or property caused by failure of the telematics system to operate properly.
15. Limitation of Remedies: VIP Van Rentas shall have no liability for indirect, special, consequential or punitive damages arising in connection with the furnishings, performance or use of the vehicle, or for any claim based upon VIP’s alleged breach of this agreement. If vehicle has any mechanical failure or other failure not caused by Renter and if VIP is liable under applicable law for such breach or vehicle failure, VIP’s sole Liability to renter and renter’s sole remedy is the substitution of another similar Vehicle by VIP to renter and to recovery by renter of the pro rata daily rental rate for the period in which renter did not have use of the vehicle or substitute vehicle.