Renter agrees by Renter’s signature on the digital tablet or hard copies (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 and in the Rental Agreement Summary (the Rental Agreement Summary and Rental Agreement 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.
Definitions: For the purposes of this Agreement, the following terms are specifically defined.
“AdditionalAuthorizedDriver(s)” or “AAD(s)” means any individual in addition to Renter who is permitted by Owner to operate This includes individuals identified on the Agreement as additional authorized driver(s), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
“Additional Accessories” means but is not limited to optional child seats, global positioning systems (“GPS”), ski racks, toll transponders and/or other products accepted by Renter.
“Owner” for the purposes of this Agreement means “Owner of Vehicle” shown on the Rental Agreement Summary;
“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.
“Renter” means the person, or entity identified on the Rental Agreement Summary as “Renter”;
“Vehicle” means the “Original Vehicle” or any vehicle(s) listed on the Rental Agreement Summary.
Ownership/Warranty Exclusion. Renter acknowledges that Vehicle and any Additional 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 Additional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY ADDITIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY ADDITIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY ADDITIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Additional Accessories. If Renter or AAD(s) determines Vehicle or any Additional Accessory is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Additional Accessories and notify Owner immediately.
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) “day” is each consecutive 24 hours beginning at the start time of the rental; (3) “week” is 7 consecutive 24-hour days beginning at the start time of the rental; and (4) “month” is 30 consecutive 24-hour days beginning at the start time of the Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day.
Renter shall pay Owner; its affiliates or agents amounts as set forth on the Rental Agreement Summary for:
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 charges 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.
The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period.
The Additional Accessories, services and/or products charges for those items accepted by Renter.
To the extent an optional Toll pass service was offered to, and accepted by, Renter: (i) such optional Toll pass service provides for the daily rental of a toll collection transponder (Toll pass Transponder Service) or, in some states, the use of video-monitored toll collection services (Toll pass Automatic Service, and together with the Toll pass Transponder Service, collectively the Toll pass Service). In addition to the daily charge for the Toll pass 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 Toll pass Service during the Rental Period on covered roads within the Toll pass Service area at the higher of the applicable toll authority’s video toll rate, cash toll rate or highest undiscounted toll rate; (ii) 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; (iii) no credit is provided for days the transponder is not utilized; and (iv) Toll pass 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. If Renter does not pay cash for tolls or the roadway does not accept cash payment, Owner may automatically opt Renter into Owner’s Toll pass Service. See Paragraph 3. (c.) (3.). A current listing of Toll pass Service area covered roads is available upon request.
The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, Renter shall be charged for the 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.
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.
The other fees and charges (none of which are taxes) including but not limited to:
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;
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;
The 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, operator, or agent of the location of the Branch Address on the Rental Agreement Summary; and
The Vehicle License Fee Recovery (VLF REC) 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 rental fleet registered in Ohio. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.
Additional Obligations of Renter — Unless prohibited by law, Renter shall pay Owner, its affiliates, or agents:
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:
$.50 per mile between return location and original rental office; or
Owner’s adjusted daily, weekly, or monthly rate applicable on the date of return.
For damage to, loss or theft of Vehicle or Additional Accessories, including all related costs (see paragraph 7), to the extent DW, as described in paragraph 17, or RSP, as described in paragraph 21, do not apply.
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 $100 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations and their administration.
RENTER EXPRESSLY AUTHORIZES OWNER AND ITS AFFILIATES TO TRANSFER RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL SUCH AMOUNTS.
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.
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 of this Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.
Errors in Rental Charges. The charges shown on the return record are not final and are subject to review. You agree to pay to Owner any undercharges and Owner agrees to pay to you any overcharges we discover on review.
Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Agreement Summary, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Agreement Summary, or the deposit amount indicated on signs at the location at which you rent the Vehicle at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the Vehicle and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer. 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 cash, a check, or money order deposit, any excess deposit will be refunded by check within 30 business days of the end of the Rental Period.
Prohibited Use and Termination of Right to Use.
Certain uses of the vehicle and other actions you or any other driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, MAY AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY ADDITIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO ADDITIONAL DAMAGE WAIVER, SUPPLEMENTAL LIABILITY INSURANCE, AND RENTERS LIABILITY PROTECTION. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
You use or permit the car to be used: (i) by anyone other than an authorized driver; (ii) to carry passengers or property for hire or more passengers than the car has seat belts to carry; (iii) to tow or push anything; (iv) to be operated in a test, race or contest or on unpaved roads; (v) while the driver is under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; (vi) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; (vii) recklessly or while overloaded; or (viii) if the car is driven into Mexico without our expressed permission; or
You or an additional driver, whether authorized or not: (i) fail to promptly report to Owner any damage to or loss of the car when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; (ii) Where required by law or not, failed to report an accident to law enforcement; (iii) obtained the car through fraud or misrepresentation; (iv) leave the car and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; or (v) intentionally or with willful disregard cause or allow damage to the car; or
You or an additional driver, whether authorized or not, return the car after hours and the car is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the car, its keys, key fobs, or other remote entry and starting devices; or
Driving or operating this 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.
Renter agrees to return Vehicle and any Additional Accessories to Owner on or before the 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.
Owner may terminate Renter’s right to operate Vehicle and Owner may repossess Vehicle at any time if: (i) Vehicle is found illegally parked, (ii) Vehicle is being used illegally, (iii) in the event of any violation of the limits on use or any other provision of this Agreement, or (iv) Vehicle appears, in Owner’s discretion, to be abandoned. Renter and AAD(s) agree that Owner need not notify Renter or AAD(s) in advance and that Owner may take any actions reasonably necessary to obtain possession of Vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of Vehicle through GPS tracking devices, and utilizing (for Owner’s benefit) any other devices or Optional Accessories connected to Vehicle or affecting Vehicle’s operation. 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.
If Renter or AAD(s) continues to operate Vehicle after the right to do so is terminated, Owner has the right to notify police of unauthorized use of Vehicle or that 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.
Roadside Assistance. Roadside assistance is available to all Renters by calling 1-508-764-4700 or 1-513-554-2900. In some instances, you may purchase added protection under a roadside assistance plan (a “Roadside Assistance Plan”). If you do not purchase the Roadside Assistance Plan in advance, you may incur added costs for services such as costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts, or emergency fuel delivery. When paying in advance for a Roadside Assistance Plan, you will pay for any full or partial day at the rate specified in the Rental Contract. There are no refunds if you do not use the Roadside Assistance Plan. Once purchased, you cannot cancel or rescind the Roadside Assistance Plan during the rental.
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 (EDR) or similar device 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.
Damage to/Loss of Vehicle or Additional Accessories.
Except to the extent restricted, modified or limited by State law, Renter accepts responsibility for damage to, loss, modification, or theft of, Vehicle, Additional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Additional Accessories. Renter shall not have Vehicle or Additional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is subject to 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 Additional Accessories are not returned, Renter shall pay Owner the replacement cost of the Additional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages.
Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: Take the total labor hours from an estimate, divide that number by 4 labor hours per day to get a total number of days of actual labor time. This number of days is then multiplied by the daily rental rate from the rental agreement. There will be an add-on of two additional days of rental rate for every 5 days of total labor time, to account for weekend days. Also, there will be 3 days of rental rate for administrative processing time. (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is subject to salvage: 30 days at the daily rate on the Rental Agreement
Renter also agrees to pay: (i) an administrative fee of up to $500 (ii) a sum for diminishment of value if Vehicle is repairable, calculated as 15% of the repair estimate if the estimated damages are greater than $599 and less than $1,000, 20% of the repair estimate if the estimated damages are greater than $999 and less than $1,600, or 25% of the repair estimate if the estimated damages are greater than $1,599. If Vehicle is returned during non-business hours or to any place other than Branch Address on the Rental Agreement Summary, any damage to, loss or theft of, Vehicle or Additional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. SEE PARAGRAPH 17FOR INFORMATION ON OPTIONAL DW.
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 PARAGRAPHS 18 AND 19 FOR INFORMATION ON OPTIONAL SLI AND RLP.
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 Additional 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 SLI to the extent DW and/or SLI applies. SEE PARAGRAPHS 17 AND 18 FOR MORE INFORMATION ON OPTIONAL DW AND OPTIONAL SLI.
Personal Injury 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.
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 arising out of Renter’s or Renter’s passenger’s 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.
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, RSP, RLP and SLI 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.
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.
Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of Attorney:
To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if: (1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or (2) 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.
To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities, or rental charges.
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.
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. It is the responsibility of the Renter to erase or delete any personal information stored in the utilized Vehicle. 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.
Optional Damage Waiver
DAMAGEWAIVERISNOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. ADDITIONAL DEPOSITS WILL BE REQUIRED FOR CONSUMERS NOT CARRYING THEIR OWN FULL COVERAGE, TRANSFERABLE INSURANCE, TO ENSURE THE CUSTOMERS’ ABILITY TO SELF-INSURE THE VEHICLE.
Renter may purchase optional 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 responsibility for 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 lost or damaged keys, tires, key fobs, transponders, Additional 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 shall invalidate DW:
if Vehicle is damaged when used or driven: (1) by any person other than Renter or AAD(s) without Owner’s prior written consent; (2) failure to pay for such product(s); (3) by any person if there is reasonable evidence the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription; (4) by any person committing a felony or otherwise engaged in a criminal act; (5) in a race or speed contest; (6) to tow or push anything; (7) outside the states authorized on the Rental Agreement Summary; (8) under authority of any license that is suspended, revoked, invalid or does not belong to the driver; (9) to transport persons or property for hire; (10) in a wanton or reckless manner or if Vehicle is deliberately damaged; (11) on an unpaved road or off road, roads not regularly maintained by the transportation department or municipality; or (12) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
if Renter misrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or
if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked, or keys are not secured; or
if Renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism; or
if Vehicle is stolen and Renter fails to do any of the following: (1) return the original ignition keys and Owner’s key tag identifying Vehicle; (2) file a police report within 24 hours after discovering the theft; (3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft; or (4) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.
Optional Supplemental Liability Insurance (SLI) THE PURCHASE OF SUPPLEMENTAL LIABILITY INSURANCE (SLI) IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. ADDITIONAL DEPOSITS WILL BE REQUIRED FOR CONSUMERS NOT CARRYING THEIR OWN FULL COVERAGE, TRANSFERABLE INSURANCE, TO ENSURE THE CUSTOMERS’ ABILITY TO SELF-INSURE THE VEHICLE.
THISIS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE SLI POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. SLI 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 Insurance (SLI) 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 (SLI 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 $1,000,000 Combined Single Limit per accident. SLI 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. SLI is available for an additional charge as stipulated on the Rental Agreement Summary.
For all exclusions, see the SLI policy. Here are a few key exclusions:
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.
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.
Loss arising out of the operation of Vehicle by any driver who is not Renter or AAD(s).
Liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state.
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.
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).
Property damage to property transported or in the care, custody, or control of Renter or AAD(s).
Damage to Vehicle.
Liability arising out of the use of Vehicle, which was obtained based on false, misleading, or fraudulent information.
Loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of the Agreement.In the event of an accident, immediately call the rental office where you rented the vehicle.
If you are unable to reach the rental office, you may report the accident or file a claim by calling toll-free, (800) 537-8023 or emailing: firstname.lastname@example.org
Optional Renter Liability Protection (RLP) THE PURCHASE OF RENTER LIABILITY PROTECTION (RLP) IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. ADDITIONAL DEPOSITS WILL BE REQUIRED FOR CONSUMERS NOT CARRYING THEIR OWN FULL COVERAGE, TRANSFERABLE INSURANCE, TO ENSURE THE CUSTOMERS’ ABILITY TO SELF-INSURE THE VEHICLE.
THISIS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE RLP POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. RLP 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 Renters Liability Protection (RLP) covers sums which Renter shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance, or use, including loading and unloading, of Vehicle, and RLP shall have the right and duty to defend any suit against Renter seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false, or fraudulent and may make such investigation and settlement of any claim or suit as it deems expedient but RLP shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of RLP’s liability has been exhausted by payment of judgments or settlements. The policy does not provide coverage for any loss arising from the use or operation of Vehicle in Mexico.
For all exclusions, see the RLP policy. Here are a few key exclusions:
To liability assumed by the Renter under any contract or agreement.
To any obligation for which Renter or any carrier as his insurer may be held liable under any workmen’s compensation, unemployment compensation or disability benefits law, or under any similar law.
To bodily injury to any employee of Renter arising out of and in the course of his employment by Renter or to any obligation of Renter to indemnify another because of damages arising out of such injury, but this exclusion does not apply to any such injury arising out of and in the course of domestic employment by Renter unless benefits therefor are in whole or in part either payable or required to be provided under any workmen’s compensation law.
To property damage to: (A) property owned or being transported by Renter, or (B) property rented to or in the care, custody, or control of Renter, or as to which Renter is for any purpose exercising physical control other than property damage to a residence or private garage by a private passenger automobile covered by this insurance.
To bodily injury to (A) Renter under this policy; (B) any family member of Renter residing in the same household with Renter; or (C) any person described in (A) or (B) above whenever the ultimate benefits of any indemnification accrue directly or indirectly to a person described in (A) or (B) above.
In the event of an accident, immediately call the rental office where you rented the vehicle.
If you are unable to reach the rental office, you may report the accident or file a claim by calling toll-free, (800) 537-8023 or emailing: email@example.com
Optional Personal Accident Insurance (PAI)PURCHASEOFPERSONALACCIDENTINSURANCE(PAI)ISOPTIONALANDNOTREQUIRED TO RENT A VEHICLE.
THISIS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI POLICY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. PAI MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HOMEOWNER’S OR TENANT’S POLICY OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER THE PAI, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. EMPLOYEES, AGENTS OR ENDORSEES OF VEHICLE OWNER (AS DEFINED IN THE AGREEMENT) ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.
Optional Personal Accident Insurance (PAI) provides Renter and Renter’s passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PAI is available for an additional charge as stipulated on the Rental Agreement Summary.
Accidental Death: Not to exceed $100,000 for Renter; not to exceed 10,000 for passenger
Accident Medical Expenses: Not to exceed $1,000 of 24-hour accidental medical expense coverage. Passengers are covered while occupying, boarding, or alighting from Vehicle.
Accident Ambulance Expense: Not to exceed $250
Accident Aggregate: Not to exceed $150,000 per accident.
The above PAI benefits for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying, or operating Vehicle shall be considered a “Passenger” for the purposes of PAI benefits.
PAI shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self-inflicted injury; aircraft travel, except as a passenger in a licensed aircraft on a regularly scheduled flight; committing or attempting to commit a criminal offense; an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician; an accident which occurs while participating in a prearranged or organized race or testing of a vehicle; war or any act of war; or engagement in an illegal occupation; nor shall this insurance be in effect if Renter converts Vehicle or during any period Renter is in violation of the Agreement. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date.
In the event of an accident, immediately call the rental office where you rented the vehicle.
If you are unable to reach the rental office, you may report the accident or file a claim by calling toll-free, (800) 537-8023 or emailing: firstname.lastname@example.org
Roadside Assitstance Protection (RSP). When deciding whether to purchase ROADSIDE ASSISTANCE PROTECTION (RSP), you may wish to check to determine whether you have other coverage or protection for such services.
ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE ASSISTANCE PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase RSP from Owner for an additional fee. If Renter purchases RSP, Owner agrees to contractually waive Owner’s right to collect from Renter for the following services:
lost and damaged key replacement (including remote entry devices),
flat tire replacement (if no inflated spare is available, Vehicle will be towed) and the cost of a replacement tire is not waived,
lockout service (if keys are locked inside Vehicle),
Vehicle jumpstart, and
fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel.
RSP does not waive any charges incurred in Mexico or in violation of the terms and conditions.
Telematics Notice and Release.
Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or Any information (e.g. navigational route support) provided through a Telematics System is on an “as is” basis. Renter acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter. Renter authorizes any person’s use or disclosure of or access to:
automatic crash notification to any person for use in the operation of an automatic crash notification system, and
operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law.
Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized use, disclosure or access as provided for Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter, AAD(s) and passengers) or property caused by failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner. Use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics System provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities.
By signing this Agreement, Renter authorizes the provision of such telematics services in accordance with, and agrees to be bound by, the Telematics Third party service providers are not agents, employees, or contractors of Owner.
Renter shall not activate any Telematics System and in the event that a renter does activate a Telematics System in violation of this provision, the renter agrees to be completely responsible for the annual subscription and/or cancellation fees(s) for that Telematics System.
Use of GPS Tracking Devices.
Owner may offer for rental a receiver for your use. If you rent such a unit you will pay the additional daily charge shown in the Agreement. This unit is not part of the car. You are responsible for any loss or damage to the unit and its accessories regardless of cause even if you have accepted DW. If the unit and/or its accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us its repair or full retail cost, which may be as much as $499. If you return the unit to a location other than the renting location without our authorization, you will pay us a fee for that unauthorized return.
We use GPS tracking devices to track or locate vehicles which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. You should have no expectation of privacy or confidentiality as to the places where the car is driven while rented to you.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Release of Information to Third Parties. Renter agrees Owner may, and Renter expressly authorizes Owner, to provide information in Owner’s possession about Renter and AAD(s), including but not limited to such driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information to applicable authorities or other third parties, in connection with this Agreement including, without limitation, providing Renter’s personal data to third parties which conduct services on Owner’s behalf (such as consumer satisfaction surveys) and consent to Owner or Owner’s representatives contacting Renter.
Choice of Law. All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of the State of Ohio.
Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted solely and exclusively in the federal courts of the United States of America sitting in the Southern District of Ohio or the courts of the State of Ohio located in Hamilton County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Questions regarding privacy should be directed to: email@example.com or call 1 (513) 554 – 2900 or mail to: Mike Albert Rental, 10340 Evendale Drive, Cincinnati, OH 45241
Customers with Disabilities. For customer service inquiries related to customers with disabilities, please call 1 (513)554 – 2900 or email firstname.lastname@example.org,Owner is an affiliate of Mike Albert Leasing Inc., which owns all rights to Mike Albert names and marks.