Rental Agreement Terms and Conditions (“Terms and Conditions”)
- Definitions. “Agreement” means all terms and conditions found in these Terms and Conditions, the rental record (“Rental Record”), any addenda, and any additional documents you sign or we provide at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every 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 Rent Me Rental Cars, Inc. “Authorized Driver” means (a) the renter and the renter’s spouse; (b) any additional driver listed by us on this Agreement; and (c) any other person defined as an “authorized driver” under Georgia Code or by Rent Me Rental Cars, Inc. Each Authorized Driver must have a valid operator’s license and be at least age 23. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or other telematics system and/or an event data recorder, and privacy is not guaranteed. “LDW” means Loss Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Physical Damage does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to vandalism, act of nature, riot or civil disturbance, hail, flood, fire or other loss not caused by collision or upset. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes because of Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and/or sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage or loss and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law.
- Rental; Indemnity; Personal Property; Warranties. This is a contract for rental of the Vehicle. Only Authorized Drivers may use the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. We also have the right to monitor the Vehicle through telematic devices to the extent permitted by applicable law. You agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or Optional Equipment. You release us, our agents and employees from all claims for loss of or 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 any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 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.
- Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement and in the same condition that you received it except for ordinary wear. Our determination of the condition of the Vehicle is subject to a final inspection for damage(s) which may occur in our facilities after drop off. To extend the rental you must contact our rental office before the due-in date. If the Vehicle is returned after closing hours, you will be responsible for all loss or damage to the Vehicle discovered upon inspection when the location opens for business the following day, regardless of when such loss or damage occurred. All Charges may continue to accrue until the return location opens for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented, unless you purchase prepaid fuel option.
- Responsibility for Damage or Loss. Regardless of fault, you are responsible for all damage to or loss or theft of the Vehicle during your rental period resulting from any cause, including, without limitation, damage caused by collisions, weather, vandalism, 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; (b) Loss of Use, which shall be measured by multiplying your daily rental rate either by the actual or 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. The estimated number of days of Loss of Use shall be calculated as follows (assuming that all Loss of Use begins on a Monday and that 1 repair day is equal to 4 labor hours): the total number of labor hours in the repair estimate divided by 4 hours to determine the number of repair days, plus 2 weekend days for every 5 repair days, plus 3 administrative days to obtain a repair estimate, deliver and retrieve the Vehicle for repairs. Loss of Use shall be payable regardless of fleet utilization, whether we had other vehicles in our fleet to rent, the Vehicle would have been used but for the damage, regardless of whether we suffered lost profits as a result of the damage; (c) an administrative fee of $100, will be charged to process any vehicle damage, abandonment, or any other additional charges due to renter during period of rental; (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 not litigation is commenced.
- Prohibited Uses; LDW (Renters Collision Policy for coverage of rented vehicle only with an additional $250 deductible charge to renter for any claims submitted pertaining to rented vehicle.). 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, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything; (g) in any race, speed test or contest; (h) to teach anyone to drive; (i) to carry dangerous or hazardous items or illegal materiel; (j) outside the United States or Canada; (k) on unpaved roads; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when it is reasonable for you to know that further operation would damage the Vehicle; (p) with inadequately secured cargo; (q) where applicable, by anyone who lacks experience operating a manual or automatic transmission; (r) in connection with a willful, wanton or reckless act; or (s) by anyone who is sending or reading an electronic message, including text (SMS) messages or emails, while operating the Vehicle. Smoking in the Vehicle is also prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW). If you purchase LDW, subject to the terms of this Agreement, we will waive our right to hold you financially responsible for all or a portion of Physical Damage to the Vehicle as noted on the Rental Record. LDW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card. LDW does not apply to Optional Equipment. Your LDW will be invalidated, and we will not waive our right to hold you financially responsible for Physical Damage to the Vehicle if you provided fraudulent information to us and we agreed to rent the Vehicle to you based on that information, or if damage to or loss of the Vehicle: (a) occurs as a result of an Authorized Driver’s willful and wanton misconduct, or is intentionally caused by an Authorized Driver; (b) results from use of the Vehicle by a person who: (i) is not an Authorized Driver; (ii) who is under the influence of intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; (iii) while engaged in the commission of a crime other than a traffic violation; or (c) arises out of the use of the Vehicle: (i) to carry persons or property for hire, (ii) to push or tow anything, (iii) for driver’s training; (iv) to engage in a speed contest, or (v) outside the continental United States, unless that use is specifically authorized in this Agreement. Notwithstanding the purchase or other availability of LDW, or any other coverage that you may have, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim of any size. Failure to do so is prohibited and constitutes a material breach of this Agreement.
- Optional Equipment. We may offer certain Optional Equipment, including mobile technology devices (such as navigational systems and tablets) and child safety seats, upon request and subject to availability for your use during the rental at an additional charge. All 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. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a GPS device, you should review the operational instructions before leaving the rental location. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or other telematics system and/or an event data recorder, and privacy is not guaranteed.
- Responsibility to Others; Handling Accidents/Incidents. You are responsible for all damage or loss you cause to yourself and others. You agree that it is your responsibility to know and understand what insurance coverage you have or elect to purchase for this rental. You agree to maintain automobile insurance during the term of this rental agreement which provides to the owner, to us, and to you, the following primary coverage: (a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/ underinsured (“UM”/”UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your required insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because you are providing auto insurance, we are not. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Any failure by you to report all damage to us by completing an incident report, or to report all accidents (of any size) to us and to the police as soon as they occur, will be a material breach of this Agreement, and may invalidate optional protection that you purchase, including LDW.
- Injury or Damage 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. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, 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 is void if you breach this Agreement or if you fail to cooperate in a loss investigation conducted by us or our insurer. Giving the Vehicle to an unauthorized driver terminates coverage under the Policy.
- Payment; Charges. You permit us to reserve or set aside against your payment card at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve to pay all Charges. We will authorize the release of any excess reserve or set aside upon the completion of your rental, and your payment card issuer’s rules will apply to your credit line or your account being credited for the excess and may not be immediately released by your card issuer. You authorize us to request payment and charge your credit card and or debit card at any time to collect balance owed on your account. You will pay us at or before the conclusion of this rental or upon demand of all Charges, including without limitation: (a) time charge as shown on the Rental Record; (b) mileage charges, including charges for extra miles, based on the per-mile rate specified on the Rental Record; (c) mileage charge based on our experience if the odometer is altered; (d) optional product and service fees of any amount for damage or vandalism of any kind; (e) fuel and a refueling fee of $50 if you return the Vehicle with less fuel than when rented - unless you purchase pre-paid fuel; (f) applicable taxes, surcharges, airport facility fees, and airport concession recovery fees; (g) expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (h) costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) 10% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) a reasonable cleaning fee of $200 if the Vehicle is returned substantially less clean than when rented or with evidence of smoking in the Vehicle; (k) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (l) a fee of $500 if you lose the keys or toll transponder to the Vehicle; (m) a surcharge of $500 if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due-in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; (n) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (o) a fee of $500 if a mobile technology device, such as a navigational system or tablet, that you rented is lost, stolen or otherwise rendered unusable during the rental; and (p) if applicable, a redemption fee if you present a reward certificate, coupon or voucher associated with a loyalty program; (q) Damage to car seat will incur charge of $200; ( r) Lost or damaged keys will incur charge of $400; (s) any vehicle damage will require renter to be responsible for all repair costs plus an additional $200 administrative and $25 per day vehicle is not available to rent; (t) Any civil or criminal filings against renter will require renter to pay an additional $300 administrative fee plus all filing and legal fees incurred by rental company; (u) If vehicle is driven outside the state of Georgia, there will be an additional surcharge of $250 per day; (v) Reservation fee is not included in cost of rental; (w) Renter is responsible for all vehicle damage which occurs during rental including flat tires, brake damage, engine damage, or any other vehicle damage. All Charges are subject to a final audit. If errors are found, you authorize us to Correct the Charges with your payment card issuer.
- Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during this rental. The Vehicle may be equipped with the ability to pay Tolls electronically, and we may offer an optional toll service for an additional fee that will permit you to use electronic Toll lanes in exchange for the fees and based on the conditions stated on the Rental Record. If we are notified by charging authorities that we may be responsible for payment of a Violation, you will pay us or a Processor an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to charging authorities and Processors for processing and billing purposes. If we or a Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments and administrative fees to the payment card you used to pay for this rental.
- Personal Information; Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement. Questions regarding privacy should be directed to the location where you rented the Vehicle. You agree, in order for us to service or otherwise administer our account or to recover any amounts you may owe, that we or any assignee or collection agency of our choosing, may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in additional charges to you. We, our assignee, or any collection agency of our choosing, may also contact you by sending text messages or e-mails, using any e-mail address you provide to use. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable.
- Deposit. We may use your deposit to pay all amounts owed to us under this Agreement.
- Your Property. 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.
- Miscellaneous. 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. Repossession of vehicle, car renter will be charged fee of $1000 in the event car must be repossessed from renter. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or other telematics system and/or an event data recorder, and privacy is not guaranteed. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach 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. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. YOU AND WE EACH IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN A LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT.
RENT ME RENTAL CARS, INC 04192018