Definitions
Renter – Us.
Vehicle – The rented car.
Rentee(s) – Those renting the Vehicle.
Rental Period – The period of time (agreed to by the Renter and Rentee(s)) the Vehicle is in the possession of the Rentee(s).
Damage Deposit – The sum of money paid in relation to the rental to ensure it is returned on time and as security against damage to the Vehicle during the Rental Period.
Rental Cost – The sum of money paid for the rental excluding the Damage Deposit.
Mileage
Rentals include 100 miles per day. Each additional mile driven will be subject to a charge of $5.00 per mile.
Vehicles driven more than double the allotted rental mileage will be subject to an additional surcharge to cover excess wear-and-tear and associated downtime.
Requirements / Age Limit
Vehicles are available to drivers over the age of 21 with a valid driver’s license and a clean driving record (no major moving violations, DUI convictions, or similar infractions). Unfortunately, we do not rent any vehicles to drivers under the age of 21.
The Rentee(s) must be physically present at the start of the rental. Third party pick-ups are not allowed. The Renter’s representative must physically hand the keys over to the Rentee(s).
Insurance
Rentee(s) must carry some form of insurance to cover damages to the Vehicle. There are several insurance options:
The Rentee(s) can choose to insure the Vehicle with their personal insurance. In most instances this option is available to the Rentee at no additional cost. This requires the Rentee to have full-coverage insurance (liability, comprehensive, and collision coverages) which include coverage for damage to the Renter’s Vehicle and has a policy limit that includes the value of the Vehicle. The Renter will verify with the Rentee(s)’ insurer that the policy is active, in good standing, and applicable. Note that the Renter cannot make changes to the Rentee(s)’ policy. It is therefore recommended that the Rentee verifies that their insurer will cover the Vehicle and their policy limits are adequate for the value of the Vehicle, otherwise, these changes could lead to delays.
The Rentee can also choose to insure the Vehicle with their American Express (AMEX) membership. AMEX offers a program called ‘Premium Car Rental Protection’. This is available directly from AMEX and provides coverage for rental vehicles. It can also be purchased in addition to the Rentee(s) regular insurance policy and provides an extra layer of protection. It is therefore recommended that the Rentee verifies with AMEX that this option is available to them, otherwise, this could lead to a delay. Renter requires AMEX provide proof of coverage.
If neither of the above apply, there are some 3rd-party companies that provide damage waiver products. Please inquire for details on these options.
International Rentees
Vehicles are available to international visitors with a valid passport and international driver license. With prior notice, we can arrange for insurance coverage for those international visitors renting for a minimum of two days. Please note that international Rentees who do not have their own insurance coverage will be subject to a higher security deposit ($5k – $15k, depending on vehicle).
MVR
We reserve the right to run an MVR (Motor Vehicle Record) report on all Rentees prior to the Rental Period to determine eligibility per the aforementioned requirements.
Additional Drivers
Any person driving the Vehicle in any capacity MUST be declared as a Rentee on this Rental Contract. Additional Rentee(s) may be listed in this contract at no additional charge. Each additional driver must be present at the time of delivery, must submit a driver’s license in advance, and will be subject to the same age, licensing and driving-record restrictions as the primary renter. All Rentee(s) will be responsible for any post-rental additional fees or charges.
Delivery / Pick-up
The Rentee(s) may choose to pick up / return the Vehicle at a location determined by the Renter or have it delivered. We provide storage of your vehicle at our locations for no charge. Door-to-door delivery is available for an additional fee depending on the distance traveled.
All pick-up & delivery arrangements must be confirmed at least 24 hours in advance in order to guarantee on-time service. Any changes to pick-up or delivery times/locations with less than 24 hours notice may incur additional fees or delays.
Return Times
Return times will be agreed to by Renter and Rentee(s) prior to delivery of the Vehicle. The Rentee(s) will be subject to additional fees if Rental Period is violated.
Damage Deposit
Rentee(s) must leave a Damage Deposit in the form of a credit card authorization, cashier’s check, or cash. Personal and business checks not accepted. Any damage found on the vehicle upon return will be billed to Rentee(s). The amount of this deposit will vary depending on the vehicle being rented and the Rentee(s) type of insurance, but typically varies between $2500 – $15k.
This Damage Deposit is fully refundable following the completion of the Rental Period if no damage occurred to Vehicle and if no terms of the Rental Contract were violated.
Data Logging and Transmission Policy
A Global Positioning System (GPS) unit is installed to track the Vehicle in real time. Other data points tracked in real time include (but are not limited to) speed, throttle, breaking, warning lights, temperatures, fuel level. In the event that an audio/video recording device (i.e., a dashcam) is present in the Vehicle the Renter will make the Rentee(s) aware of its presence. Tampering with any of the data logging or data transmission apparatuses constitutes a Prohibited Use of the Vehicle and a breach of Rental Contract. The Rentee(s) should have no expectation of privacy or confidentiality as to the places where the Vehicle is driven or any of the aforementioned data during the Rental Period.
By reserving the Vehicle the Rentee(s) explicitly agree to the following:
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Rentee(s) consents to Renter accessing these data points during and after the Rental Period. |
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Rentee(s) agrees that the Renter could access these data points for the purpose of determining if any terms of the Rental Contract have been violated. |
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Rentee(s) agrees that tampering with any of the data logging or data transmission apparatuses constitutes a Prohibited Use of the Vehicle and a breach of Rental Contract. |
Cancellation Policy
When the Rentee(s) makes a reservation, the Renter will charge the submitted credit card immediately for the full cost of the rental. The cancellation policy is as stipulated in the table below. , Reservations are fully transferable should the Rentee(s) find a replacement driver deemed suitable by the Renter and approved in writing. Policies surrounding the Rental Period, cancellations, and related grace period are based on the original booking date and will not change in the event of a transfer.
By reserving the Vehicle the Rentee(s) explicitly agree to the following:
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Renter offers a 24-hour grace period after the booking date. During this 24-hour grace period the Rentee(s) can make changes or cancel the reservation unless the start of the Rental Period is within 7 days. After the 24-hour grace period there will be a cancellation fee. |
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If the start of the Rental Period is greater than or equal to 7 days away, the cancellation fee will be 50% of the Rental Cost or $500 (whichever is greater, but not to exceed the Rental Cost). |
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If the Rentee(s) cancels or reschedules less than 7 days before the start of the Rental Period (or is a no-show during the Rental Period), Rentee(s) will be charged a cancellation fee of 100% of the Rental Cost. |
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There are no exceptions to this cancellation policy. |
Weather Policy
The Renter does not offer refunds or rescheduling in the event of inclement weather. However, at our discretion, if there is inclement weather that results in unsafe driving conditions and the Rentee(s) does not actually use the Vehicle on that day (pending GPS data verification), we may offer an extension on the Rental Period or extension of a future paid rental.
Payment Methods
VISA, Mastercard, American Express and Discover are the preferred methods of payment. In certain cases, cashier’s checks or cash may be accepted if previously agreed to in writing. Personal and business checks are not accepted.
Fuel, Toll & MVR Surcharge
A SunPass is included in each vehicle. Vehicles are delivered to the Rentee(s) with a full tank of fuel; however, the Vehicle can be returned at any fuel level.
There is a $100 fee per rental (regardless of duration) to cover the costs of fuel, post-rental fuel octane evaluation, tolls, and the procurement of an MVR report.
By reserving the Vehicle the Rentee(s) explicitly agree to the following:
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Rentee(s) agrees to refuel the vehicle with only Premium grade (93+ octane) gasoline when necessary and produce the respective receipts to the Renter. |
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Rentee(s) agrees that any costs or losses associated with the use of fuel other than premium grade, 93+ octane, gasoline are to be determined by a dealer or service center of the Renters choosing. |
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Rentee(s) agrees to compensate the Renter for any associated downtime and repairs. Downtime will be charged at a daily rate equal to the Rental Cost divided by the Rental Period, per day. |
Refunds
Renter does not offer refunds for vehicle rentals or gift certificates. In certain situations we may offer credit for additional rental days (i.e. weather, see above), solely at our discretion.
In the event of an unforeseen mechanical failure during or prior a rental, the Renter will make every effort to repair or replace the Vehicle at no additional cost to the Rentee(s).
Discounts
Discounts and special incentives cannot be combined or ‘stacked’ unless explicitly indicated.
Range Restriction
Vehicles may not be driven outside the state of Florida without prior written approval.
Tickets
The Rentee(s) is responsible for all parking, traffic, speeding or other tickets or violations during the rental and must pay for any fees, penalties, towing charges, impound costs, or any associated damages as a result thereof.
Prohibited Uses
By reserving the Vehicle the Rentee(s) explicitly agree to the following:
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Rentee(s) agrees to surrender the Vehicle in the event of a violation of any part of the Rental Contract including these Prohibited Uses. Renter reserves the right to end the rental and retrieve the Vehicle at any time without reimbursement. |
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Rentee(s) agrees that if any of the Prohibited Uses are violated, the Rentee(s) will compensate the Renter for resultant value depreciation, loss of warranty, opportunity-cost loss, and any cost associated with (but not limited to) wear and tear, mechanical failure, repairs, replacements, diagnostic fees, etc. Additionally, Rentee(s) agrees that if the vehicle was used in a manner which loses tire traction they will be liable for the cost of new tires. |
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Rentee(s) agrees that costs associated with any losses are to be determined by a dealer or service center of the Renter’s choosing. |
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Rentee(s) agrees to compensate the Renter for any associated downtime and repairs. Downtime will be charged at a daily rate equal to the Rental Cost divided by the Rental Period, per day. |
Rentee(s) Property
The Renter is not responsible for loss of, theft, or damage to any of the Rentee(s)’ property in or on the Vehicle, on our premises (including the Rentee(s) personal vehicles itself), or received or handled by us, regardless of who is at fault. Rentee(s) will be responsible to Renter for claims by others for loss or damage caused by the Rentee(s) actions or property.
Indemnification and Waiver
Rentee shall defend, indemnify, and hold the Renter, Renter’s parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by the Renter, the Renter’s parent and affiliated companies, in any manner from this rental transaction or from the use of the Vehicle by the Rentee(s) or any person, including claims of, or liabilities to, third parties. Rentee(s) may present a claim to their insurance carrier for such events or losses; but in any event, Rentee(s) shall have final responsibility to the Renter for all such losses. RENTEE(S) WAIVE ANY CLAIM AGAINST THE RENTER, RENTER’S PARENT, OR AFFILIATED COMPANIES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
Arbitration
Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), the Rentee(s) and the Renter agree that each shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If the Rentee(s) intend to assert a claim against the Renter, the Rentee(s) must send the written notice of the claim to the Renter. If the Renter intends to assert a claim against the Rentee(s), the Renter will send the written notice of the claim to the Rentee(s) at the Rentee(s)’ address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30 day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by law). Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between the Rentee(s) and the Renter arising out of, relating to or in connection with the rental of a car from the Renter and the Rental Contract shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to jury trial. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.
The Rentee(s) and the Renter agree that any such arbitration shall be conducted on an individual basis and not in a class, consolidated or representative arbitration proceeding. Notwithstanding any provision in the Rental Contract to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither the Rentee(s) nor the Renter are entitled to pursue dispute resolution by binding arbitration. If the Rentee(s) are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) the Rentee(s)’ claim is less than $10,000, and (2) the Rentee(s) is able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Renter will pay as much of the Rentee(s)’ filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Rental Contract to the contrary, the parties agree that if the Renter seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which the Rentee(s) have already provided notice to the Renter. Information on AAA, its rules and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.
Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a car related to the Rentee(s)’ rental, are exempt from the foregoing dispute resolution provision.
Cooperation
The Rentee(s) agree to cooperate and coordinate with the Renter generally and to take any actions the Renter reasonably requests in connection with (i) this Rental Contract, (ii) the Rentee(s) use and return of the Vehicle, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Contract or the Rentee(s) use of the Vehicle, including without limitation, execution and delivery of any documents the Renter reasonably requests, giving testimony under oath, and taking any other actions the Renter reasonably requests related to this Rental Contract or the Rentee(s) rental.
Pre-Rental Inspection
Prior to the Rentee(s) taking possession of the Vehicle, the Renter and Rentee(s) will perform a joint inspection of the Vehicle. The Renter and Rentee(s) will point out and mark diagrams with any current damage or issues as well as note them in the Pre-Rental Inspection video.
Signatures
Prior to the Rentee(s) taking possession of the Vehicle, the Renter will make this Rental Contract again available to the Rentee(s). The Renter will require signatures on the Rental Contract again confirming the Rentee(s) agree to abide by all of the terms and limitations listed in the Rental Contract.