Rental Terms and Conditions Agreement
1. Rental Agreement and Rental Contract
This Rental Terms and Conditions Agreement and Rental Contract, which is incorporated by reference as if set forth fully herein, is entered into between Renter (“you, your or yourself”) and RPD Agency LLC (“RPD”).
2. Rental
You rent from RPD the car described on the Rental Contract, which is incorporated by reference as if set forth fully herein, which rental is solely a transfer of possession and not of ownership. You agree to the terms in the Rental Contract and this Rental Terms and Conditions Agreement (“Agreement”) provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” “yourself” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to RPD. You also agree that you are not our agent for any purpose; and that you cannot assign delegate or transfer your obligations under the Rental Contract and any discrete part thereof.
3. Changes
Any change in this Agreement or the Rental Contract or our rights must be in writing and signed by an authorized RPD officer. You further agree that we have the unilateral right to change this Agreement or Rental Contract from time to time upon written notice to you.
4. Meaning of Car/Vehicle
The word “car” or “vehicle” in this Agreement and the Rental Contract means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by RPD with the vehicle and separately rented to you by RPD unless otherwise explicitly specified in the Rental Contract.
5. Who May Drive the Car
You represent to RPD that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver’s license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver’s license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law.
Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car (each a “Permitted Driver”), but only with your prior permission. Any Permitted Driver must be at least 25 years old and must also be a capable and validly licensed driver at all times during which such person is operating the car. Any person other than you or a Permitted Driver that operates the car must sign an additional driver form at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract. You acknowledge that you will remain financially responsible under the Rental Contract at all times even if the car is operated by a Permitted Driver or someone other than yourself.
6. Return of the Car
You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee.
You may not return the car outside of the return location’s operating hours unless specifically allowed by us. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the Rental Contract as a periodic rate will continue to accrue until the return location reopens and we process the return of the car. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If you do not return the car to the location specified in the Rental Contract, as and when required under the Rental Contract, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
7. Where You’ll Return the Car
The car must be returned to the agreed return location as specified on the Rental Contract. If return is indicated to a location other than the location where your rental commences, you may have to pay a one-way service fee. If you return the car to a different location from the agreed return location without our permission, you agree to pay an unauthorized return location fee specified by us.
8. Rental Charges
You will pay for the number of miles you drive and the period of time you rent the car at the rate indicated on the Rental Contract. Unless otherwise indicated on the Rental Contract, the minimum charge is one day (24 hours), unless “calendar day” is indicated on the Rental Contract, plus mileage, or a fixed fee. We will determine the miles by reading the factory-installed odometer or utilize the vehicle’s telematics device.
The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the Rental Contract our otherwise applicable rates will be charged.
(a) You will also pay a reasonable fee for cleaning the car’s interior upon return if any stains, dirt, odor, or soiling attributable to your use cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion.
(b) If the key(s) or key fob(s) are not returned with the car, you may be charged additional fees.
(d) We maintain non-smoking cars, including a prohibition on the use of e-cigarettes in the car. You will pay an additional charge if you return the car and it smells or is soiled from smoke or e-cigarette vapor.
(e) You will pay for any toll costs charged by any governmental agency for your use of the vehicle or government imposed fees or penalties imposed based upon your use of the vehicle.
9. Taxes, Surcharges & Fees
You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Contract which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.
10. 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 Contract, may be set aside or reserved by the card issuer.
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 Contract, or the deposit amount indicated on signs at the location at which you rent the car at the time of rental.
You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and your card issuer’s rules apply to your account being credited for such excess.
11. Repossessing the Car
We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: the car is found illegally parked, being used to violate the law or the terms of the Rental Contract, or appears to be abandoned.
You agree that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car’s operation.
If the car is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the car.
12. Damage to/Loss of the Car
If the car is lost or damaged as a direct or indirect result of a violation of paragraph 13, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it.
If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds.
If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen.
You will also pay for loss of use of the car, plus towing, storage, and an administrative fee (“Incidental Loss”).
13. Prohibited Use of the Car
A VIOLATION OF THIS PARAGRAPH WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND VOID ALL LIABILITY PROTECTION AND OPTIONAL SERVICES INCLUDING LDW.
A. You use or permit the car to be used:
- by anyone other than an authorized driver;
- to carry passengers or property for hire;
- to tow or push anything;
- to be operated in a test, race or contest or on unpaved roads;
- while the driver is under the influence of alcohol or drugs;
- for conduct that could be charged as a crime;
- recklessly or overloaded;
- or driven into Mexico without our permission.
B. You or an additional driver:
- fail to promptly report any damage or loss;
- fail to report accidents to law enforcement if required;
- obtained the car through fraud;
- intentionally cause damage.
C. You return the car after hours and it becomes damaged or stolen.
D. Operating the car while using a hand-held communication device is deemed a breach.
14. Fuel Service Charge
You must return the vehicle with a full tank of gas. If you do not, you authorize us to charge your credit card for the cost of refueling.
15. Fines, Expenses, Costs and Administrative Fees
You’ll pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations.
You authorize us to release rental and card information to any governmental agency for processing violations.
If we use a third-party collection service, you agree to pay all additional fees, legal costs, and administrative charges.
16. Liability Protection
Anyone driving the car with permission under the Rental Contract is protected against liability for causing bodily injury or death to others or damaging property up to the minimum limits required by the jurisdiction.
Coverage is secondary to any insurance carried by you.
You reject uninsured and underinsured motorist coverage to the extent permitted by law.
There is no coverage in Mexico.
18. Indemnification and Waiver
You shall defend, indemnify, and hold us harmless from all losses, liabilities, damages, injuries, claims, awards, and attorney fees arising from your use of the car.
YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
19. Property in the Car
We are not responsible for loss of, theft, or damage to any property in or on the car or on our premises, regardless of cause.
20. Error in Rental Charges
The charges on the return record are not final. You agree to pay any undercharges, and we will refund any overcharges.
21. Collections
If you do not pay all amounts due upon demand, you agree to pay late charges, attorney fees, administrative costs, and collection fees.
You authorize us or our collection agents to contact you or your employer regarding unpaid balances.
If you used a credit or debit card, you authorize us to charge all outstanding balances to that card.