“Agreement” means all terms and conditions found in this form, all addenda and additional materials 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 each 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 the business organization named in this Agreement that is renting the Vehicle to you. “Authorized Driver” means the renter and each additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and is at least age 21. Only Authorized Drivers are permitted to operate the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision 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 theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other loss not caused by collision or upset. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired times 80% of the daily rental rate. You and we agree this formula represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair of replacement.
2Rental, Indemnity and Warranties
This is a contract for rental of 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. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle. 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.
3Condition and Return of Vehicle
You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the loss of it and all damage to it until we inspect it upon our next opening 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 the same amount of fuel as when rented.
4Responsibility for Damage or Loss; Reporting to Police
You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use, Diminished Value, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5Collision Damage Waiver
If you purchase CDW, we waive your responsibility for a portion of Physical Damage to the Vehicle. We will not waive your responsibility if you fail to notify us and the police of any accident involving the Vehicle, if the odometer has been tampered with or disconnected, if you permit a person who is not an Authorized Driver to operate the Vehicle, or if damage to the Vehicle : (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of a drug or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs during the commission of a crime, other than a minor traffic violation; (e) occurs while carrying persons or property for hire, while teaching anyone to drive; (f) results from carrying dangerous or hazardous items or illegal materiel; (g) occurs outside the geographic limitations indicated in this Agreement; (h) is caused by driving on unpaved roads; (i) occurs while transporting more persons than the Vehicle has seat belts, while carrying persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (j) occurs when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (k) is caused by inadequately secured cargo; (l) is caused, where applicable, by anyone who lacks experience operating a manual transmission; (m) results from your willful, wanton or reckless act or misconduct. CDW does not apply to portable devices we rented to you for use in the Vehicle such as navigation aids and child safety seats.
6Injury to Others; Insurance
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. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. 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.
You permit us to reserve against your credit/debit card at the time of rental a reasonable amount in addition to the estimated charges. You will pay us at the conclusion of this rental or on demand all charges noted in the charges column and due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel and a refueling charge, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all expenses we incur recovering the Vehicle if it is not returned as promised; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented. You will also pay us the charges for all parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing, and storage assessed against us or the Vehicle, if you fail to pay them to the charging entity. For each charge we pay on your behalf you will pay us an administrative fee of $50. All charges are subject to final audit. If errors in computation of the charges are discovered after the close of this transaction, you authorize us to correct the charges with the card issuer.
We may use your deposit to pay all amounts owed to us under this Agreement.
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.
10Breach of Agreement
The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
Rental Requirements: Valid driver’s license, credit or debit card for domestic security compliance, and the insurance card for your personal vehicle (non-commercial) Destination must be disclosed prior to rental to deactivate GPS distance alarm. Weekend rates and mileage subject to change based on availability. All reservations require a $250.00 deposit on either a debit or credit to be confirmed. Reservations without a deposit are subject to availability. Reservations confirmed with a credit card will be subject to a $250.00 charge for cancelled reservations within 48 hours grace period, as well as no-show rentals. Unlimited mileage rates are only eligible on rentals of 3 days or more. Rates on based on standard van rentals. Premium and upgraded vans are an additional $49.99 per day. Seats may be removed at your request prior to your pick up, but will incur a fee of $25 per seat removed and a $5 per day storage fee. We must be notified at least 24 hours in advance if seats are to be removed. Saturday rentals are a minimum 2 day rental. We are closed on Sundays due to the Bergen county law. Excess mileage is charged at $0.35 per mile over your mileage limit on standard vans and $0.45 per mile on upgraded vans. Unlimited mileage rentals are exempt. Unlimited mileage rentals are subject to calendar day charging and are defined as any travel east of the Mississippi River. Over Mileage: $0.25 per mile for sedans and $0.30 per mile for SUVs or minivans Additional Driver: $5.00 per day Underage Driver: $29.99 per day GPS Navigation: $5.00 per day No underage drivers are allowed for passenger vans A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise of our rights under this Agreement does not constitute a waiver of any other provision 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. If a provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.