DEALER CAR RENTALS, INC. MEMBER AGREEMENT
Please read this Dealer Car Rentals Member Agreement (“Agreement”) carefully and be sure that You understand it. This Agreement is a legal agreement between You (“Member”, “You” or “Your”) and Dealer Car Rentals, Inc., a Washington Corporation (“Dealer Car Rentals.com”). By clicking the “accept” box below on the Member Application Form, You acknowledge that You have read all of the terms and conditions of this Agreement, understand them, and agree to be legally bound by them.
Click here to read prohibited uses and fees associated with them as well as who is considered an “Authorized Driver”
All rental cars are equipt with a GPS tracking/monitoring device. By clicking the ACCEPT button below you acknowledge that you are aware of this and will hold Dealer Car Rentals, Inc and the Dealer/owner of the rental car completely harmless on any claim arising from our use of this device.
Dealer Car Rentals terms of service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (UNLESS YOU OPT OUT) AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Dealer Car Rentals, Inc., (hereinafter, “we”, or “us”), provides an online platform that connects Franchised Auto Dealers with a rental fleet with drivers seeking to rent those vehicles. Dealer Car Rentals is accessible online including at DealerCarRentals.com and as an application for mobile devices (Dealer Car Rentals’s websites and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other Dealer users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Dealer Car Rentals, Inc.. and the user Policies provided on the Dealer Car Rentals Services (the “Policies”) constitute the “Agreement” between you and Dealer Car Rentals. Dealer Car Rentals reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.
If you have any questions for us concerning this Agreement or Dealer Car Rentals generally, please contact us at firstname.lastname@example.org.
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “Dealer Car Rental Account”) by either providing us your email address and creating a password or through a third-party social networking site account (“SNS”) (including, Facebook and Google).
Verification. When you sign up to become a member, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver.” You promise to provide complete and accurate information to us about yourself. You hereby authorize Dealer Car Rentals to perform a check of your motor vehicle/driving records, and to undertake other screening processes. Dealer Car Rentals may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Dealer Car Rentals to request, receive, use, and store such information. Dealer Car Rentals may accept or reject your application to become an Approved Driver in its sole discretion.
Consumer Report Authorization. When you apply to become an Approved Driver, you are providing Dealer Car Rentals with written instructions and authorization in accordance with the Fair Credit Reporting Act or similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check. You are also authorizing Dealer Car Rentals to obtain your personal and/or business credit report or conduct a background check at any time we reasonably believe there may be an increased level of risk associated with your Dealer Car Rental Account.
Ongoing Information Updates. You promise to update the information you have provided to us in the event of any changes to your driving record, contact information, credit card/billing information or background (such as a criminal convictions). Specifically with respect to your contact information, we may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dealer Car Rentals Account, whether or not you have authorized such activities or actions. You will immediately notify us of any actual or suspected unauthorized use of your Dealer Car Rentals Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
Your Commitments. You agree that you will always use Dealer Car Rentals in compliance with the Terms of this Agreement and any other policies and standards provided to you by Dealer Car Rentals. As a renter, you commit that you’ll be a legally licensed driver, who will treat the car well and will take all reasonable measures to return the car on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- breach, violate, and/or circumvent any local, state, provincial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, third party rights or our systems, Policies, or determinations of your account status;
- post false, inaccurate, misleading, defamatory, or libelous content;
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Dealer Car Rentals, or that comes from the Services and belongs to another Dealer Car Rentals user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property privacy, publicity, moral, or contractual rights, except with prior express written permission of Dealer Car Rentals;
Submit any false information, including:
- submit any false information including name, date of birth, drivers license, credit card, insurance, or other personal information;
- submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
- rent or drive any vehicle without a valid driver’s license;
- register for a Dealer Car Rentals account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
- fail to pay your fees or other amounts owed to Dealer Car Rentals or the renting dealer;
- fail to return any vehicle, unless you have a valid reason as set out in our Policies;
- use the Services to find a dealer, and then complete a vehicle rental or related transaction partially or wholly independent of Dealer Car Rentals Services, in order to circumvent the obligation to pay any Dealer Car Rentals Fees related to Dealer Car Rentals’ provision of the Services or for any other reasons;
- transfer your Dealer Car Rentals account and/or user ID to another party without our consent;
- allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have rented;
Harm or threaten to harm users of our community, including:
- engage in physically or verbally abusive or threatening conduct;
- use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
Use Dealer Car Rentals Service for your own unrelated purposes, including:
- commercialize any content found on Dealer Car Rentals or software associated with our Services, including Reviews;
- harvest or otherwise collect information about users without their or our consent;
- recruit or otherwise solicit any user to join third party services or websites that are competitive to Dealer Car Rentals, without Dealer Car Rentals’s prior written approval;
Interfere with the operation of the Services, including:
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Dealer Car Rentals or the interests or property of others;
- bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Services or any individual element within the Services, Dealer Car Rentals’s name, any Dealer Car Rentals trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Dealer Car Rentals’s express written consent;
- access, tamper with, or use non-public areas of the Services, Dealer Car Rentals computer systems, or the technical delivery systems of Dealer Car Rentals providers;
- attempt to probe, scan, or test the vulnerability of any of Dealer Car Rentals system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of Dealer Car Rentals providers or any other third party (including another user) to protect the Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure.
Violations. Dealer Car Rentals has the right, but not the obligation, to investigate, pursue, and prosecute violations of this Agreement to the fullest extent permissible by the law. Dealer Car Rentals may access, preserve, and disclose any of your information if we are permitted or required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Dealer Car Rentals, its users, or members of the public.
Dealer Car Rentals reserves the right, at any time and without prior notice, to remove or disable access to any content that Dealer Car Rentals, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services. If we believe you are abusing Dealer Car Rentals, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees. Fees will be charged to the renter for various violations of the terms and conditions. Some examples would be, but not limited to: Late returns, Violating the prohibited uses, Smoking in the cars, Unauthorized driver, Un-caged pets in the car and driving the car beyond the boundry limit, Not returning the rental car fully fueled, loss of use if the car is damaged enough that it is now un-rentable, using roadside assistance program for an incident that is the renters fault such as running out of gas or getting a jump start because the lights were left on, etc. The amount of the fees can be found in our Policy Pages.
Collection of Fees. You must have a valid payment method on file (Credit Card) and pay all fees associated with our Services. If your primary payment method fails, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Dealer Car Rentals, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Dealer Car Rentals by you. Such communication may be made by Dealer Car Rentals or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information we reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at Dealer Car Rentals, c/o Collections Dealer Car Rentals, 505 Broadway E. suite 452 Seattle, WA 98102 If you wish to dispute the information a collection agency reported to a credit bureau regarding your Dealer Car Rentals Account, you must contact the collection agency directly.
Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using auto dialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Dealer Car Rentals is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Dealer Car Rentals may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or its agents for quality control and training purposes. You acknowledge and understand that your communications with us may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing. .
LEGAL DISPUTES FOR RENTERS RENTING OUT VEHICLES IN THE UNITED STATES OF AMERICA
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DEALER CAR RENTALS HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, you and Dealer Car Rentals agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Washington, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Dealer Car Rentals, except as otherwise stated in the Terms of Service.
Agreement to Arbitrate. You and Dealer Car Rentals each agree that any and all disputes or claims that have arisen or may arise between you and Dealer Car Rentals relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Dealer Car Rentals’s Services (such as renting a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Seattle, Washington, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND DEALER CAR RENTALS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DEALER CAR RENTALS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by certified mail or email, a completed form Notice of Dispute (“Notice”). The Notice to Dealer Car Rentals should be sent via email to or by mail to Dealer Car Rentals, 505 Broadway E Suite 452, Seattle, WA . Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Dealer Car Rentals.
If you and Dealer Car Rentals are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Dealer Car Rentals may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Dealer Car Rentals shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $5,000 or less, you or Dealer Car Rentals may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Dealer Car Rentals subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Dealer Car Rentals may attend by telephone, unless the arbitrator requires otherwise.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Dealer Car Rentals user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, Dealer Car Rentals will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Dealer Car Rentals is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW DEALER CAR RENTALS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO Optout@dealercarrentals.comEMAIL ADDRESS (“OPT-OUT NOTICE”) OR mail toDealer Car Rentals, 505 Broadway E Suite 452, Seattle, WA 98102 . THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Dealer Car Rentals prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Dealer Car Rentals. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Dealer Car Rentals must be resolved exclusively by a state, federal, or small claims court located in San Francisco, California. You and Dealer Car Rentals agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
OTHER LEGAL MATTERS
Dealer Car Rentals Content and User Content License. Subject to your compliance with the provisions of these Terms, Dealer Car Rentals grants you a limited, non-exclusive, non-transferable license, to access and view any Dealer Car Rentals content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dealer Car Rentals or its licencors, except for the licenses and rights expressly granted in these Terms.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act..
Vehicle and Personal Protection. In addition to the terms set forth in Sections “Your Financial Responsibility Is Primary” and “Other Insurance and Legal Matters” below, during the applicable rental period, Dealer Car Rentals, or third parties acting for the mutual benefit of Dealer Car Rentals and our users, will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage in association with an admitted insurance carrier. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection, etc.): Dealer Car Rentals has either waived such coverage entirely or subscribed to the lowest limit allowable by applicable law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the Renter. Insurance amounts and other specifics may be found in the Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms and FAQs, you or your insurance professional still have questions regarding the Dealer Car Rentals protections, please contact us at Support@DealerCarRentals.com and we will connect you with our broker to explain how these protections operate.
Termination. You may discontinue your use of the Services at any time and Dealer Car Rentals may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and we may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
Disclaimers. DEALER CAR RENTALS PROVIDES SERVICES THAT ENABLE CAR RENTALS BETWEEN AUTO DEALERS SIGNED UP FOR OUR SERVICE AND CAR RENTERS. DEALER CAR RENTALS DOES NOT ITSELF PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE CAR MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, DEALER CAR RENTALS AND THE RENTING DEALER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Dealer Car Rentals, or the renting dealer makes no warranty that the Services, including, but not limited to, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Dealer Car Rentals makes no warranty regarding the quality of any vehicles, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Dealer Car Rentals or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST DEALER CAR RENTALS, THE RENTING DEALER, AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “DEALER CAR RENTALS PARTIES”) AND ANY DEALER CAR RENTAL DEALER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE DEALER CAR RENTALS PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. NEITHER DEALER CAR RENTALS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable owners or travelers pursuant to these Terms, including an approved payment request or claim under a protection package or applicable insurance policy, in no event will Dealer Car Rentals’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings via the Services as a traveler in the twelve month period prior to the event giving rise to the liability, or if you are an owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEALER CAR RENTALS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification. You agree to release, defend, indemnify, and hold Dealer Car Rentals and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
No Agency. Dealer Car Rentals does not appoint you or any other user as its employee, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Dealer Car Rentals and we will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
General. This Agreement states the entire understanding between you and Dealer Car Rentals concerning your access to and use of the Dealer Car Rentals Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Dealer Car Rentals. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by a Dealer Car Rentals Director or Officer. Dealer Car Rentals failure to exercise any right under this Agreement will not constitute a waiver of any other right we may have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms of Service are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
ADDITIONAL TERMS FOR RENTERS
The following Sections apply if you rent a car using the Services:
Rental Charges and Fees. You are responsible for paying all rental charges and fees when they come due. All transactions are final. You authorize Dealer Car Rentals to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period. Learn more about the various fees you may incur here and more about the protection packages available to you here.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) which can be the primary source of funds for your liabilities here under. Any protection package you select when booking your vehicle will not be available to you until your personal insurance has been exhausted. In addition, Dealer Car Rentals protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you violate any of the Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your rental activities through Dealer Car Rentals. You agree that in the event damage is reported, Dealer Car Rentals may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Dealer Car Rentals’ legal rights in connection with your use of the Services. You acknowledge that Dealer Car Rentals may require and hold a deposit as part of the reservation of a car.
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 requires 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 collectable 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, underinsured, 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.”
In addition to the terms in “Vehicle and Personal Protection” Section above:
You understand and agree that Dealer Car Rentals, or third parties, acting for the benefit of the owner/dealer will provide primary liability insurance for the owner/dealer and that you, as the renter, will not look to the owner/dealer or the owner/dealer’s insurance policy for coverage, in accordance with our Policies and all available state car sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection package you selected, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a car rented through Dealer Car Rentals. If we advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Dealer Car Rentals schedule for repayment of those amounts to Dealer Car Rentals.
Use of the Car. When you rent a car through Dealer Car Rentals, you must use the car only for your personal use and not for any commercial purposes (e.g. driving for Uber or Lyft). You may not access a car until the beginning of your rental period and you must return the car on time and in the correct location. You must exercise reasonable care in your use of the car. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Dealer Car Rentals has any concern about your use of a vehicle, Dealer Car Rentals may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner/dealer. You are required to wear seat belts during the operation of the car and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The Dealer Car Rentals Policies on our Services provide a list of “Prohibited Uses” of any car rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Support@DealerCarRentals.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a car, and the protection package may be voided. Travelers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the renters liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Condition of the Car. You understand that third parties own the cars offered through the Services. Each owner/dealer is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their car(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the car. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Dealer Car Rentals may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe to drive, please do not use the car; in that event, please contact the Dealer where the car was rentedimmediately..
Incident Reporting. You must immediately report any damage to the car you are using to the Dealer/Owner of the vehicle, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide the owner/dealer? with a written description of the incident and any other information we may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by us, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Dealer Car Rentals staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection purchased on Dealer Car Rentals.
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.
The Dealer Car Rentals, Inc member who rents the car is the only authorized driver. Other authorized drivers can be added but they too must be Dealer Car Rentals, Inc. members. You can add authorized drivers to a rental on the rental portion of the service. If an unauthorized person drives the car then the rental contract is null and void and no coverage shall apply and the original renting member will be fully financially responsible. If collision damage waiver is purchased that coverage will also be null and void.
Rentor hereby rents to the Rentee identified on page 1, the vehicle described, subject to all the terms and provisions of the Agreement.
- 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:
- PROHIBITED USE: The Vehicle shall not be used:
- for the transportation of persons for compensation;
- in any race, test, or competitive event;
- outside the United States without first obtain Rentor`s written permission
- by any person not specified in Paragraph 1 above;
- in violation of any federal, state, or local laws;
- while under the influence of intoxicants or drugs;
- to push or tow any vehicle except a trailer properly attached to the 5th wheel of a tractor or except a single axle 2 wheel lightweight trailer if the vehicle is equipped with a towing hitch installed for or by the Rentor but not to be a bumper snap-on hitch. In no event should passengers be carried in or on a trailer.
- to leave the keys in or not to properly lock up or secure the Vehicle (excluding valet parking);
- if further use of the Vehicle would cause damage (i.e. warning light on, flat tire, steam rising from engine);
- to carry hazardous or explosive substances;
- to transport a total Vehicle and payload weight in excess of the gross Vehicle weight as specified on the Vehicle but the Vehicle payload weight shall not exceed that which is specified on page 1 hereof ;
- to drive in or through a structure where there is insufficient clearance, whether of height or width – or off regulary maintained roadways;
- to drive Vehicle if cargo is improperly and/or not secured. IN NO EVENT SHALL RENTEE SUBRENT OR RELEASE THE VEHICLE TP ANOTHER PERSON OR CORPORATION. If the Vehicle is obtained from Rentor by fraud or misrepresentation or is obtained the Vehicle is WITHOUT RENTOR`S PERMISSION. The foregoing conditions are cumulative and each of them shall apply to every use, operation or driving of the Vehicle.
- 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.
- AMOUNTS DUE RENTOR: Rentee shall pay Rentor on demand:
- 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;
- Basic or minimum rate, service, Vehicle Damage Waiver, and other changes shown on Page 1 hereof;
- 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;
- 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;
- 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;
- 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;
- 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.
- 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 / underinsured 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 requires 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 collectable 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, underinsured, 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.”
- 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.
- 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.
- 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.
- 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.
- 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.