The following are the terms and conditions of the vehicle rental agreement entered between Accessible Rentals by CMG, LCC (herein after, "Lessor") and you (hereinafter, "Renter").
1. DRIVERS
In no event shall the Vehicle be used, operated or driven by any person other than (1) Renter, or (2) qualified licensed drivers over 23 years of age who have Renter’s advance permission to use the Vehicle, and are (a) members of Renter’s immediate family and permanently residing in Renter’s household, (b) the employer, partner or an executive officer of Renter, or (3) qualified licensed drivers over 23 years of age whose names appear on the rental agreement.
2. PROHIBITED USE
Any use of the Vehicle as prohibited below will (i) breach this Agreement; (ii) void any limitation of Renter’s responsibility for loss of or damage to the Vehicle; (iii) will make Renter fully responsible for Lessor’s actual and consequential damages, costs and attorney’s fees resulting from the breach and (iv) to the extent permitted by law, void any insurance protection provided under this Agreement. Subject to applicable law, Renter and Renter’s Authorized Drivers may NOT permit the Vehicle to be driven or operated:
a. by any person not specified in Paragraph 1 above or anyone under the influence of intoxicants, alcohol, or drugs;
b. in any speed contest or test or when overloaded or improperly loaded;
c. without Lessor’s prior written permission outside the United States, off road, to tow or push anything, or for driver training purposes;
d. to transport hazardous or explosive substances or the transportation of persons or property for compensation;
e. in connection with conduct that is illegal;
f. in a willful, wanton or reckless manner, including but not limited to; (i) failure to use seatbelt and required child restraints, (ii) leaving the Vehicle unattended without removing the keys and locking all doors, windows, and trunk, (iii) use of the Vehicle when use will cause damage (i.e., warning light on, flat tire, steam arising from engine). IN NO EVENT SHALL RENTER SUBRENT OR RE-LEASE THE VEHICLE TO ANOTHER PERSON OR CORPORATION. If the Vehicle is obtained from Lessor by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use of the Vehicle is WITHOUT LESSOR’S PERMISSION. The foregoing conditions are cumulative and each of them shall apply to use, operation or driving of the Vehicle.
3. RETURN OF THE VEHICLE
This Agreement is one of rental only. The Vehicle is the property of the Lessor and shall be returned to the Lessor’s address or at a place designated by Lessor, and on the date shown on rental agreement, or earlier if demanded by Lessor, together with all tires, tools, accessories and equipment in the same condition as when received (except for ordinary wear). In no event may Renter or any Authorized Driver keep the Vehicle for more than thirty (30) days. IF RENTOR DOES NOT RETURN THE VEHICLE AS REQUIRED, A CLEANING CHARGE, DROP CHARGE AND/OR RATE CHANGE MAY APPLY. In addition, failure to return the Vehicle when due terminates Lessor’s permission for Renter and all Authorized Drivers to use the Vehicle, and where permitted by law terminates any insurance coverage provided with this Agreement. Lessor and Lessor’s employees or agents may recover the Vehicle without demand and at Renter’s expense, if it is not returned when due, is illegally parked, appears to be abandoned, or is used or obtained in violation of law or of this Agreement. Lessor will not be liable to Renter or any Authorized Driver for damages resulting from such recovery to the extent permitted by law. Renter waives any right to a hearing or to receive any notice or legal process as a pre-condition for Lessor recovering the Vehicle.
4. RESPONSIBILITY FOR VEHICLE LOSS OR DAMAGE
a. Regardless of fault, Renter is responsible for all loss of or damage to the Vehicle except for ordinary wear, accidental fire (not resulting from collision, rollover, theft or vandalism) or acts of nature beyond Renter’s control.
b. Your responsibility will not exceed the greater of: (i) the retail fair market value of the Vehicle, or; (ii) the depreciated capitalized value as determined by the manufacturer at the time of loss or damage and under either alternative, less salvage value plus actual towing, storage or impound fees, and where permitted by law an administrative charge and a reasonable charge for loss of use.
c. If Renter purchase’s the Physical Damage (PDW) (which is not insurance) at the beginning of the rental and if the Vehicle is used as permitted by this Agreement, Lessor will not hold Renter responsible for loss of or damage to the Vehicle, including loss of use.
5. PAYMENT OF CHARGES
If Renter directs the charges to be billed to someone else or to a credit card, Renter represents and warrants that Renter is authorized to do so. If Renter use’s a credit card to pay for charges, RENTER AUTHORIZE’S LICENSEE TO RESERVE CREDIT AND TO PROCESS AND APPROPRIATE VOUCHER WITH THE CARD ISSUER for all estimated charges at the time of the rental, for all additional charges at the completion of the rental and for corrected charges upon audit and notification by Lessor. If the person or organization Renter directs us to bill fails to pay the charges when due, Renter will promptly pay the charges on demand. Charges not paid when due by a check that is returned to Lessor unpaid will be subject to a late payment fee and/or returned check charge. Renter will pay Lessor on demand all amounts incurred as a result of the rental transaction including but not limited to the following:
a. All time and mileage charges as computed on the Agreement with mileage determined by reading the Vehicle odometer or hubodometer;
b. All charges for taxes, permits, service and equipment, excessive wear and tear, lost keys or keys locked in the Vehicle, and optional PDW or insurance products when purchased;
c. A refueling charge at the rate specified on rental agreement, if Renter does not purchase fuel from Lessor at the beginning of Renter’s rental (Fuel Purchase Option), and Renter returns the Vehicle with less fuel than when Renter received it. The rental rate does not include fuel;
d. All fines, penalties, forfeitures, attorney fees (unless prohibited by law), court costs and out-of-pocket expenses incurred by Lessor unless due to Lessor’s fault;
e. All charges related to loss of or damage to the Vehicle as specified in this Agreement.
6. VEHICLE INSURANCE
Renter agrees that in the event of loss or damage to Vehicle, whether or not due to what the Renter does or does not do, Renter shall be responsible for and shall pay Lessor (on demand) the amount of loss or damage, including but not limited to loss of use of the Vehicle except as shall be otherwise expressly provided herein or by law. Renter represents and warrants that he/she is currently insured, with at least minimum coverages and standard provisions as required by state law for Automobile Bodily Injury and Property Damage Liability (including Personal Injury Protection, No-Fault, and Uninsured Motorist coverages, where required) and Collision and Comprehensive as provided in Renter’s insurance policy for Temporary Substitute Vehicle or Drive-Other-Car extension. Renter agrees and understands that his/her using or obtaining his/her own insurance for the rental Vehicle is part of the consideration relied upon by Lessor in renting to Renter. Renter also understands and agrees that Lessor is relying on Renter’s insurance warranties and representations, and thus, is not providing Automobile Bodily Injury, Property Damage Liability (including Personal Injury Protection, No-Fault, and Uninsured Motorist coverages, where required) and Collision and Comprehensive Insurance on the rental Vehicle to the renter or any other person.Lessor and Renter hereby reject Lessor’s providing Uninsured Motorist, supplemental No-Fault and other optional coverages. Further, Lessor and Renter reduce all coverages, including any of the above coverages that cannot be rejected automatically to the minimum requirements of any financial responsibility or other applicable law. BEYOND SUCH LAWS, IF ANY, LESSOR DOES NOT PROVIDE INSURANCE COVERAGE TO RENTER, OR TO ANY OTHER PERSON USING, OPERATING OR MAINTAINING THE RENTAL VEHICLE DESCRIBED ON THE REVERSE SIDE.
RENTER SHALL BE LIABLE FOR REASONABLE LOSS OF USE OF AND DAMAGE TO VEHICLE REGARDLESS OF ANYTHING ELSE STATED IN THIS AGREEMENT WHICH IS CAUSED BY RENTER’S VIOLATION(S) OF ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE RESTRICTIONS STATED.
ALL OF THE LESSORS OBLIGATIONS DESCRIBED IN THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LESSOR’S INSURANCE OBLIGATIONS, IF ANY, ARE VOID IF VEHICLE IS USED OR OPERATED IN VIOLATION OF THIS RENTAL AGREEMENT, HOWEVER, RENTER’S OBLIGATIONS AND LESSOR’S RIGHTS REMAIN VALID AND ENFORCEABLE.
a. Lessor provided coverage will be used after any and all other insurance available to Renter or any additional Renter (secondary to Renter’s insurance). Lessor’s insurance, if any, shall not apply to any obligation imposed under worker’s compensation, unemployment compensation, disability benefits or other similar laws or to anything Renter must do because of any contract.
b. Renter shall defend and indemnify Lessor from all loss, liability and expense, in excess of the insurance amounts stated in this Agreement, arising out of Renter’s use of Vehicle.
c. If Renter is ever considered as an insured under Lessor’s insurance policy, Renter agrees to all the terms, conditions, limitations and restrictions of Lessor’s insurance policy.
d. Renter must immediately report any accident to Lessor at the renting location and to the police or other law enforcement agencies when required to do so by any governmental law or regulation. Renter must immediately deliver to Lessor at the rental location every document relating to any accident or to any claim or legal action arising out of an accident. Renter must cooperate with Lessor and its insurer in the investigation and defense of any accident, claim or legal action.
7. INDEMNITY
Renter releases and holds Lessor, its agents and employees, harmless from all claims for loss or damage to any property of Renter or any other person, left in, on, or about the Vehicle, either before or after its return to Lessor, or on the Lessor’s premises, without regard to any negligence by Lessor or any of its agents or employees. Renter shall defend, indemnify and hold harmless Lessor from and against any and all losses, liabilities, damages, injuries, claims, demands, costs, and expenses arising out of the use or possession of the Vehicle including, but not limited to any and all fines, penalties, and forfeitures imposed under any Federal, State, Municipal, or other statute, law ordinance, rule, regulation, or insurance policy provision, and to the extent not covered by insurance, any claims of, or liabilities, to third persons arising out of the abandonment, conversion, secretion, concealment or unauthorized use of the Vehicle by Renter or its drivers, agents or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle. Additionally, Renter shall indemnify and hold Lessor harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of bodily injury, death, or property damage arising out of the use or operation of Vehicle.
8. NO AGENCY
Neither Renter nor any other driver of the Vehicle shall be or is deemed to be the agent, servant, or employee of Lessor for any reason or for any purpose. During the term of this Agreement, Renter shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.
9. REPAIRS
Renter shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Lessor’s consent. Renter shall be liable for any such repairs.
10. ACCIDENTS
Renter shall immediately report any accident to Lessor and deliver to Lessor or its insurer, if so wanted by Lessor, every process, pleading, notice, or paper of any kind received by Renter or any driver of the Vehicle relating to any claim, suit or proceeding connected with any accident or event involving the Vehicle. Neither Renter nor driver of the Vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Lessor and its insurer in investigating and defending the same.
11. CREDIT CHARGES
In the event Renter directs Lessor to bill charges hereunder to any other person, or organization, such person or organization and Renter shall be jointly and severally liable for all such charges. RENTER EXPRESSLY AUTHORIZES LESSOR TO PROCESS A CREDIT CARD VOUCHER, IF ANY IN HIS/HER NAME FOR CHARGES MADE HEREUNDER.
12. DEFAULT
In the event the Renter breaches any provision of, or obligation arising under, this Agreement (“Default”), then the Lessor may terminate this agreement without notice or demand and repossess the Vehicle. Upon such termination, Renter shall immediately return the Vehicle to the Lessor for all damages, costs, claims and liabilities of any kind that it incurs as a result of, or related to, any Default. Renter may also be subject to criminal penalties if a Default occurs.
