Rental Contract Terms, Conditions, and Agreements
WHEREAS, Company is in the business of renting its vehicles (as described below) for short-term use by the Customer; and
WHEREAS, Company and Customer desire to mutually define the terms and conditions under which Customer will be allowed to rent Company’s vehicle for short-term use.
NOW THEREFORE, in accordance with the above Recitals and for other good and valuable consideration, receipt of which is hereby acknowledged, Company and Customer hereby agree as follows:
1. Description of Vehicle
Customer has requested and Company will endeavor to provide the following vehicle for the Customer’s use: Checked Above. Nevertheless, any vehicle owned by the Company and/or provided to the Customer on behalf of the Company will be considered the “Vehicle” for the purpose of this Agreement.
2. Nature of Rental
Customer, upon fulfillment of all the conditions precedent hereinafter described, will be allowed to rent the Vehicle, on a short-term hourly basis to be driven to and from a destination, as solely approved by the Company (the “Rental”).
3. Rental Fee
Customer shall pay to Company prior to the beginning of the Rental, in cash or by way of credit card, a rental fee (“Rental Fee”), as follows:
Price includes mandatory 10% Tourism Tax, 8.1% Sales Tax, and the 2% License Recovery Fee.
Customer acknowledges that Company is not required to refund any portion of the Rental Fee to Customer once the Rental Fee is paid to Company. If Customer returns the Vehicle before Rental Time, Customer will not be entitled to any refund. If Customer exceeds the Rental Time, Customer will be charged for any excess Rental Time.
Customer shall pay all sale, use, rental, environmental, excise and recovery taxes, including tax-related surcharges.
5. Sobriety Test
Customer and/or any Authorized Driver represent and warrant during the entire Rental Period that he/she is not nor will be under the influence of any drugs, whether prescribed or non-prescribed, or alcohol which would impair Customer’s and/or Authorized Driver’s driving. Company, in its sole discretion, may deny Customer the Rental if it suspects Customer’s and/or any Authorized Driver’s ability to drive is impaired in any way.
6. Test Drive
Company, in its sole discretion, can require that Customer and/or any Authorized Driver submit to a test drive of the Vehicle prior to the beginning of the Rental, to insure that the Customer and/or any Authorized Driver is capable of safely operating the Vehicle. Company can deny Customer and/or any Authorized Driver operation of the Vehicle if Company, in its sole and absolute discretion, determines that Customer and/or any Authorized Driver is incapable of safely operating the Vehicle.
7. Authorized Drivers
Customer, as an Authorized Driver, acknowledges that he/she possesses a valid driver’s license and that he/she is over 25 years of age. An Authorized Driver also includes any other individual that has Customer’s express permission to operate the Vehicle and who is at least 25 years of age or older, possesses a valid driver’s license and possesses a good driving record.
8. Rental Indemnity
Customer agrees to indemnify and hold Company harmless from any loss, liability and expenses that Company incurs arising out of the use of the Vehicle, including reasonable attorney’s fees, which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction, or the limits of any liability and comprehensive protection that Customer furnished to Company or which results from any unauthorized use or prohibited operation of the Vehicle. This is a contract for rental of the Vehicle. Company may repossess the Vehicle at Customer’s expense without notice to Customer, if the Vehicle is abandoned or used in violation of any law or this Agreement.
9. Company Right to Defend
The Company has no duty to defend lawsuits not covered by the liability protection in paragraph 7 above. To the extent permitted by applicable law, the Company has no duty to defend any Authorized Driver in any claim or lawsuit arising out of any acts prohibited by this Agreement. I understand that if a claim is made or a lawsuit if filed under the terms of this Agreement, and if no other source of defense is available to the Authorized Driver, the Company may defend the claim or lawsuit at its sole discretion. In defending the claim or lawsuit, the Company may, in its sole discretion, make any settlements which the Company considers advisable. Company has a right, but not a duty, to defend a claim or lawsuit in its sole discretion. Company has the exclusive right to hire, retain and direct its counsel of choice, if and when Company defends a claim or lawsuit hereunder.
10. Return and Condition of Vehicle
Customer must return the Vehicle in the condition he/she received it, on the date and the time indicated on the Agreement. Customer will return the Vehicle to Company’s office listed in this Agreement unless otherwise authorized by Company to arrange the pick-up at Customer’s place of Hotel here in the immediate Las Vegas area. Customer must return it sooner on Company’s demand, and a higher rental rate may apply if Customer returns it later. If Company does not find the Vehicle at the pick-up location, Customer’s responsibility for all charges and for damage or loss to the Vehicle will continue until the Vehicle is actually returned or recovered. If Customer wishes to extend any Rental Period, Customer must contact Company to request it before Customer’s return date, and if the Vehicle is available to extend, the rate may be at a higher rental rate. If the Vehicle is not available for extension of the Rental Period the Vehicle must be returned at the originally scheduled time set forth in this Agreement and if it is not returned Customer may incur a rate three times the original daily rate for all days during which the Vehicle is extended without permission. Company may or may not grant such extension or for the entire period Customer requests, in Company’s sole discretion.
Customer shall pay all sale, use, rental, environmental, excise and recovery taxes, including tax-related surcharges.
11. Responsibility for Damage or Loss; Reporting to Police
Customer is responsible for all physical and mechanical damage to, or loss or theft of the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not Customer is at fault. Customer is 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 Company elects not to repair the Vehicle, for towing and storage charges Company incurs, Loss of Use as permitted by Nevada Revised Statutes, Sections 482.3154 and 482.31535, and/or administration fees of $250.00 for processing the claim as permitted by Nevada Revised Statutes, Sections 482.3154 and 482.31535. The term “Loss of Use” means the loss of Company’s ability to use the Vehicle for any reason due to damage to it or loss of it during the Rental Period. Loss of Use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is replaced or repaired, times the Rental Fee. Customer must immediately report to Company and police all accidents or incidents of theft of and vandalism to the Vehicle. Customer is responsible for any difference in monies in the event any insurance which Customer has in his/her name or credit card used by Customer for payment, does not cover the loss on the Vehicle. By signing this Agreement, Customer authorizes Company to charge his/her credit card of record for any and all damages, loss, gas or mileage or loss of use of the Vehicle due to any of these occurrences.
12. Prohibited Uses
VIOLATION OF ANY OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE CUSTOMER’S RENTAL, AND ALSO MAKE CUSTOMER LIABLE TO COMPANY FOR ALL THE PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COST. The following are violations and acts prohibited under this Agreement: (1) Operating the Vehicle by anyone who is not an Authorized Driver; (2) Operating the Vehicle under prescription or non-prescription drugs or alcohol; (3) Operating the Vehicle under the age of 25; (4) Operation of the Vehicle by anyone who obtained the Vehicle or extended the Rental Period by giving false, fraudulent or misleading information; (5) Operation of the Vehicle in furtherance of any illegal purpose or under any circumstance that would constitute a violation of any law, other than minor traffic violations; (6) Operation of the Vehicle to carry any person or property for hire or to push or tow anything, or to participate in any race, speed test or contest; (7) Using the Vehicle to teach any person to drive; (8) Carrying dangerous or hazardous items or illegal material in or on the Vehicle; (9) Use of the Vehicle outside the state of Nevada unless permitted in this Agreement; (10) Driving the Vehicle on unpaved roads; (11) Operating the Vehicle with more than the maximum permissible passengers and transporting children without proper seating devices if required; (12) Operating the Vehicle without all persons wearing seatbelts; (13) Operating the Vehicle after the odometer has been disabled or tampered with or it is reasonable to expect that Customer knows that further operation would damage the Vehicle; (14) Customer’s willful or reckless acts that damage the Vehicle; (15) Failing to summon the police to any accident involving personal injury or property damages; (16) Driving or operating the Vehicle using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text message; or (17) Driving with improper shoes such as high heels or sandals.
13. Obedience to Traffic Laws
Customer and/or any Authorized Driver hereby agree that during the Rental Period, they will obey all traffic laws, including, but not limited to, driving within all posted speed limits. Customer and/or any Authorized Driver agree and acknowledge that they shall be solely liable for any and all traffic or other citations incurred while driving the Vehicle during the Rental Period.
14. Video; Photographs
Customer hereby agrees and acknowledges that as part of the Rental, Customer is allowed to video and/or photograph the Vehicle and Rental route, for the Customer’s own personal and private use. Customer shall not utilize any video and/or photographs for any commercial purpose without the express written consent of the Company.
15. Pre-Authorization to Charge Credit Card in Certain Circumstances
If upon return of the Vehicle by Customer, Company determines, in its sole and absolute discretion, that there are any late payments due, there is low fuel in the Vehicle, there are damages of any kind or nature to the Vehicle, there is excess abuse, wear or tear or mechanical abuse to the Vehicle, fines to be paid, or any smoking and/or cleaning fees are due, Customer pre-authorizes Company to run Customer’s credit card to pay for any charges, expenses or fees required by the foregoing circumstances.
Company will take deposits 24-48 hours prior to any reservation date made by Customer, and may use this deposit to pay for any monies owed to Company under this Agreement. Customer understands and agrees that if there is any damage to the Vehicle upon its return, the security deposit may be used to cover any monies owed for Loss of Use of the Vehicle, any damages to the Vehicle that insurance will not cover and/or the insurance deductible. This is to comply with NRS 482.3157. Customer agrees that any security deposit can and may be used for any damages, excess fuel charges, excess mileage charges, insurance deductibles, and Customer further agrees not to dispute such charges. Customer agrees that in the event of damage, it will be Customer’s responsibility to recover any monies billed against Customer’s security deposit from the insurance company.
17. Fuel Service Charge
Any Vehicle rented will always be delivered with a full tank of gas and needs to be returned with a full tank of gas. If the Vehicle is not returned with a full tank of gas, Customer will be charged $8 per gallon for fuel needed to fill the Vehicle.
By signing this Agreement Customer authorizes Company to charge the credit card of record for payment of such charges.
18. Customer’s Property
Customer releases Company, our agents and employees, from all claims for loss of, or damage to Customer’s personal property or belonging to any other person, that Company received, handled or stored, or that was left behind or carried in or out of the Vehicle or in any service Vehicle from our Office, whether or not the loss or damage was caused by Company’s negligence or was otherwise Company’s responsibility.
19. Breach of Agreement
Customer waives all recourse against Company for any criminal reports or prosecutions that Company takes against Customer which arise out of Customer breach of this Agreement.
Customer agrees to pay for all traffic, toll and parking violations and authorizes Company to charge the credit card of record for any such charges which Company may incur as a result of Customer’s actions, as well as agree to a $25 service processing fee. Customer agrees to pay for all storage or impound fees which may occur during the Rental Period which may result from any of these violations or acts by Customer, and Customer authorizes Company to charge the credit card of record for any such charges Company may incur.
If Customers does not pay all amounts due to Company under this Agreement upon demand, including all charges, fees and expenses, including, without limitation, payments for Loss of Use, loss or damage to the Vehicle, rental charges, parking and traffic fines and penalties, toll charges, towing, storage and impoundment fees, Customer agrees to pay a late charge of 40% per month on the past due balance or the highest rate permitted by applicable law (collectively, “Charges”). Customer agrees and understands that the credit/debit card used to pay for rental of the Vehicle may be reported to an appropriate credit reporting agency for any deficiency, and Customer also authorizes Company to share said credit/debit information with third-party collection agency and further authorizes Company or its collection agency to charge any amounts due to Company including, but not limited to, the Charges and Costs referenced above, to said credit/debit card.
22. Proof of Insurance
USA DRIVER. Customer agrees that prior to operating the Vehicle, Customer will provide Company with proof of liability and comprehensive insurance, and that Company will confirm liability and comprehensive insurance coverage with Customer’s insurance company.
Customer acknowledges and agrees that the Vehicle being rented contains a GPS device which not only gives Company the location of the Vehicle, but also gives the Company information about the Vehicle’s performance (such as the engine RPM’s). Customer may receive a warning from Company if the Vehicle is being operated in places it shouldn’t be, the Vehicle hasn’t been returned at the end of the Rental Period, or if the engine is being revved in neutral past 3,000 RPM’s or the RPMS exceed the rev limiter in a driving operation Customer’s failure to heed any warning may result in a fine to Customer which can be as high as $2,500.Customer acknowledges that it is illegal to rev the Vehicle’s engine and exceeding the posted speed limit Customer can be ticketed for doing so.
COMPANY HAS NOT MADE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE QUALITY OR CONDITION OF THE VEHICLE, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE REGARDLESS OF CAUSE. COMPANY IS NOT RESPONSIBLE FOR AND CUSTOMER AND/OR ANY AUTHORIZED DRIVER WILL NOT MAKE ANY CLAIM FOR DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT. CUSTOMER AND/OR ANY AUTHORIZED DRIVER HEREBY ACKNOWLEDGE THAT NEITHER THE SUPPLIER OF THE VEHICLE NOR ANY SALES PERSON, EMPLOYEE OR AGENT OF THE VEHICLE SUPPLIER IS COMPANY’S AGENT OR REPRESENTATIVE AND HAS NO POWER OR AUTHORITY TO REPRESENT OR BIND COMPANY IN ANY WAY.
Company will not be liable for any loss, expense or damage to Customer or others arising from defects, negligence, delays, failure of delivery, or nonperformance of the Vehicle.
25. Entire Agreement
This Agreement represents the final, complete and entire agreement between the parties hereto. There are no oral or unwritten agreements or understandings affecting this Agreement or the Vehicle. This Agreement may not be modified, rescinded or altered except by a subsequent written document duly signed by an authorized representative of each party.
In the event any provision, in whole or in part, of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provision(s), in whole or in part, shall remain and survive in full force and effect. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the permitted assigns or successors. If this Agreement is signed by more than one Customer, each of such Customers shall be jointly and severally liable for payment and performance of all of the Customer’s obligations under this Agreement. In the event(s) an unauthorized party or parties execute the Agreement, or represents that such party or parties has or have authority to bind the Customer, then the Customer shall be deemed to have authorized the execution of this Agreement and shall be unconditionally bound under the terms of this Agreement. All notices permitted hereunder shall be effective when (i) delivered in person to the recipient of such notice; (ii) delivered to a delivery carrier and when the carrier obtains from the intended recipient the recipient’s or recipient’s agent’s signature or; (iii) deposited in the United States mail with postage prepaid and sent certified mail return receipt requested. This Agreement may not be changed or altered except in writing signed by the Parties hereto.
This Agreement shall be binding when accepted in writing by the Company. THE INTERPRETATION, CONSTRUCTION, AND VALIDITY OF THIS AGREEMENT AND RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEVADA (WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES OF ANY STATE), INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, REGARDLESS OF THE LOCATION OF THE VEHICLE OR THE RESIDENCY OF THE CUSTOMER AND/OR ANY AUTHORIZED DRIVER. With respect to any legal action commenced hereunder, Customer hereby voluntarily consents to the jurisdiction of any Federal or State Court located in the State of Nevada.
CUSTOMER AND/OR ANY AUTHORIZED DRIVER EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.