Rental Agreement

 

RENTAL AGREEMENT

You (the member) understand and agree that you are using the Dealer Car Rentals, Inc. platform to rent vehicles from the providing dealer.  You are not renting from Dealer Car Rentals, Inc. Dealer Car Rentals, Inc. does not own, or have any ownership interest, in the vehicle(s) you rent.  Therefore, any legal action will be with the dealer you rent the vehicle from and Dealer Car Rentals, Inc. will be held harmless.

Rentor hereby rents to the Rentee identified on page 1, the vehicle described, subject to all the terms and provisions of the Agreement.

  1. DRIVERS: In no event shall the Vehicle be used, operated or driven by any person other than the Rentee or qualified licensed drivers at least 21 years of age who have Rentor`s advance permission to use the Vehicle and whose names appear on Page 1 hereof
  2. PROHIBITED USES OF THE VEHICLE: Vehicle will not be used or operated by anyone:a.) Who is under 21 years of age;
    b.) Who is not listed as the primary driver or as an additional driver on the rental agreement;
    c.) To carry persons or property for compensation or hire;
    d.) In any race, test, or similar type contest or activity;
    e.) In a careless or negligent manner;
    f.) Under the influence of alcohol or narcotics;
    g.) Outside the continental United States UNLESS WRITTEN PERMISSION HAS BEEN GIVEN BY LESSOR PRIOR TO RELEASING THE VEHICLE;
    h.) For any illegal purpose or in the commission of a crime;
    i.) If vehicle is obtained from Lessor by fraud or misrepresentation;
    j.) Other than on paved roads or graded private road or driveway;
    k.) Who loads vehicle beyond its rated capacity;
    l.) Who allows more passengers than the vehicle has seat belts for, or is designed to carry;
    m.) To take vehicle into MEXICO.
    n.) In violation of any federal, state, or local laws;
    o.) to push or tow any vehicle.
    p.) To leave the keys in or not properly secure the vehicle
    q.) Continue to drive if further use could cause more damage (i.e. warning light on, flat tire, steam coming from engine);
    r.) to drive in or through a structure where there is insufficient clearance.
    s.) To drive a vehicle if cargo is improperly secured.

    PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW), MAKES LESSEE RESPONSIBLE FOR ALL LOSS OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OR CAUSE, INCLUDING BUT NOT LIMITED TO LESSOR’S EXPENSES, INCLUDING LOSS OF USE.

  3. RETURN OF VEHICLE: This Agreement is one of rental only. The Vehicle is the property of the Rentor and shall be returned to the Rentor`s address or at a place designed by Rentor and on the date shown on Page 1 or earlier if demanded, together with all tires, tools, accessories, and equipment in the same condition as when received, ordinary wear and tear expected. Failure to return the Vehicle to the place and on the date as set forth in this Agreement, will terminate Rentor`s permission for the Rentee to use the Vehicle and thus will terminate the extension off all insurance coverage herein provided. If the rented Vehicle is returned to Rentor at any place other than that listed herein, Rentee agrees to pay all expenses incurred by Rentor to have the Vehicle returned. Rentor or any of its agents or employees, may peacefully repossess the Vehicle without demand wherever found and terminate this Rental Agreement if the Vehicle is legally parked, is used in any way be liable to Rentee for damages resulting from such repossession not shall it be responsible for the loss or damage to any property of Rentee contained therein.
  4. AMOUNTS DUE RENTOR: Rentee shall pay Rentor on demand:
      1. a) All times and mileage charges as computed on Page 1 of this Agreement with mileage determined by reading the Vehicle odometer or hubodometer. Rentee shall NOT detach the odometer or hubodometer and shall pay for its repair or replacement if any seal has been broken along with a mileage charge adjustment to the average charge developed from Rentor`s experience;
      1. b) Basic or minimum rate, service, Vehicle Damage Waiver, and other changes shown on Page 1 hereof;
      1. c) Refueling charge if the Vehicle is returned with less fuel than when rented and, as indicated on Page 1 hereof, the rate does not include fuel;
      1. d) All states, use, excise or other tax charges on Page 1 hereof, by Rentor as reimbursement for taxes paid. Rentee is responsible for fuel, weight, and road use permits;
      1. e) All fines, penalties, forfeitures, court costs and out-of-pocket expenses incurred by Rentor with respect to Rentee`s use of the Vehicle including parking, traffic, or other violations assessed against Rentor, the Vehicle, or Rentee, unless due to Rentor`s fault;
      1. f) Rentor`s costs and expenses including reasonable attorney`s fees (unless prohibited by law), incurred in collecting any payments due hereunder or in repossessing the Vehicle;
      g) Rentor`s costs and expenses resulting from loss or damage to the Vehicle while on rental, whether or not due to Rentee`s fault, except if Rentee has otherwise complied with the terms and provisions of this Agreement. Rentee`s liability for loss or damage to the Vehicle by fire, theft, collision, upset or other causes insured under the Comprehensive and Collision or Upset Coverage of an automobile physical damage insurance policy is limited to a MAXIMUM of the amount written on Page 1 of this Agreement or is waived by Renter on Page 1 of this Agreement at time of rental. NOTE: Vehicle Damage Waiver does not cover loss or damage to the Vehicle resulting from any violation of the terms of Paragraph 1. DRIVERS or Paragraph 2. PROHIBITED USE of this Agreement for missing Vehicle parts or for interior Vehicle damage other than normal wear or tear caused by Vehicle occupants including animals.
  5. INSURANCE. Customer agrees to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a. Bodily Injury and property damage liability coverage; b. personal injury protection, no-fault, or similar coverage where required; c. Uninsured / under-insured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle.Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the customer is providing automobile insurance, we are not. In states where the law required us to provide insurance we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only and is secondary to any other valid and collectible insurance whether it is primary, secondary, excess, or contingent. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Customer must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, customer rejects uninsured, under-insured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage.
  6. INDEMNITY: Rentee releases and holds Rentor, its agents and employees, harmless from all claims for loss or damage to any property of Rentee or any other person left in, on, or about the Vehicle, either before or after its return to the Rentor or on Rentor`s premises without regard to any negligence by Rentor or any of its agents or employees. Rentee shall defend, indemnify and hold harmless Rentor from and against any and all loses, 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 sale of the vehicle by Rentee 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, Renteeshal indemnify and hold Rentor 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 the Vehicle.
  7. NO AGENCY: Neither Rentee nor any other driver of the Vehicle shall be or is deemed to be the agent, servant, or employee of the Rentor for any reason or for any purpose. During the term of this Agreement, Rentee shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.
  8. REPAIRS: Rentee shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Rentor`s consent. Rentee shall be liable for such repairs.
  9. ACCIDENTS: Rentee shall immediately report any accident to Rentor and deliver to Rentor or its insurer every process, pleading, notice, or paper of any kind received by Rentee or any driver of the Vehicle relating to any claim, suit or proceeding connected with any accident or event involving the Vehicle. Neither Rentee nor any driver of the Vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Rentor and its insurer in investigating and defending the same.
  10. CREDIT CHARGES: In the event Rentee directs Rentor to bill charges hereunder to any other person, or organization, such person or organization and Rentee shall be jointly and severally liable for all such charges. RENTEE EXPRESSLY AUTHORIZES RENTOR TO PROCESS A CREDIT CARD VOUCHER, IF ANY, IN HIS NAME FOR CHARGES MADE HEREUNDER.