I agree to rent the Car and agree to comply with the terms below and on the Rental Statement, collectively the “Rental Agreement.” This agreement is between Me (sometimes “I” or “My”) and an independent licensee of Thrifty Rent-A-Car Systems, Inc. (sometimes “You” or “Your”) for the rental of the Car described on the Rental Statement. References to “I” or “My” refers also to any Authorized Renter.
1. THE DRIVERS-WHO MAY DRIVE?
The Car may be driven only by an Authorized Renter. An Authorized Renter is (i) Me; (ii) My spouse; or (iii) a person who has appeared at the time of rental and has signed this Rental Agreement. All Authorized Renters warrant that they are at least 18 years of age and have a valid drivers license and fulfill other qualifications. (Additional Driver charges may apply.)
2. THE CAR
I acquire no title to the Car and no one other than You may sell or assign the Car. I will not repair the Car without your consent. The Car is in good overall condition, with no apparent defects. YOU MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OR FITNESS OF THE CAR FOR ANY PURPOSE. YOU SHALL IN NO EVENT BE LIABLE TO ME OR ANY AUTHORIZED RENTER FOR ANY MATTER OR CAUSE OF ACTION RELATED TO ANY BREACH OF THE RENTAL AGREEMENT. I WAIVE ALL RIGHTS AND REMEDIES GRANTED TO ME BY THE UNIFORM COMMERCIAL CODE UNDER WHAT IS COMMONLY KNOW AS ARTICLE 2A.
3. PROHIBITED USES OF CAR.
A. The Car may not be used:
1. BY OTHER THAN AN AUTHORIZED RENTER;
2. TO PUSH OT TOW ANYTHING;
3. IN ANY RACE OR SIMILAR TYPE CONTEST;
4. FOR ANY ILLEGAL PURPOSES, OR IN THE COMMISION OF A
CRIME THAT COULD BE CHARGEDAS A FELONY;
5. WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS;
6. TO CARRY PERSONS OR PROPERTY FOR HIRE;
7. BY ANYONE WHO GIVES YOU FALSE OR MISLEADING
8. TO INTENTIONALLY CAUSE DAMAGE OR ENGAGE IN GROSSLY
9. ON OTHER THAN A PAVED OR GRADED ROAD.
B. ANY PROHIBITED USE OF THE CAR VIOLATES THE RENTAL AGREEMENT AND VOIDS OR DEPRIVES ME OF ALL BENEFITS, PROTECTION AND OPTIONAL COVERAGES, IF ANY, TO WHICH I WOULD HAVE OTHERWISE BEEN ENTITLED TO UNDER THIS RENTAL AGREEMENT.
4. RETURNING THE CAR
I WILL RETURN THE CAR TO THE DESIGNATED OFFICE ON THE DATE AND TIME NOTED ON THE RENTAL STATEMENT, OR SOONER IF YOU REQUEST, IN THE SAME CONDITION AS WHEN I RECIVED IT. I may not keep the Car longer than twenty eight days unless I sign a new rental Agreement. If I fail to do so, I will pay all your expenses and charges, including a return fee.
5. REPOSSESSING THE CAR
You can repossess the car at My cost and without notice if You find the Car is illegally parked, apparently abandoned, or is being used in violation of the law or this Rental Agreement.
6. MY RESPONSIBILITY FOR LOSS
A. If I decline PDW, I will pay You 100% of all Loss whether it is My fault or not. Loss includes the cost of the Car if it is stolen or lost, cost of repairs and your out-of-pocket expenses including the loss of use. Administrative, appraisal, towing and storage costs. However, My responsibility will not exceed those damages expressly permitted by applicable law to this for of agreement.
B. IF I PURCHASE ONE OF THE PDW PLAN OPTIONS, MY RESPONSIBILITY FOR LOSS DEFINED IN “A” WIL BE REDUCED IN FULL OR IN PART DEPENDING ON THE PDW PLAN SELECTED UNLESS THE LOSS RESULTS FROM:
1. THE USE OF THE CAR BY OTHER THAN AUTHORIZED RENTER; OR
2. USE OR OPERATION OF THE CAR IN VIOLATION OF THE RENTAL AGREEMENT; OR
3. FAILURE TO NOTIFY YOU AND THE POLICE IMMEDIATELY AFTER THE LOSS.
7. PERSONAL PROPERTY
You are not responsible for any loss or damage to any property left, stored, or transported: (i) in or on the Car; (ii) in or on your premises; or (iii) in or on any other car belonging to You.
8. THE AUTHORIZATIONS/CHARGES
A. I will pay You for all charges on the Rental Statement. Such charges will include:
1. TIME AND MILEAGE CHARGES: These charges are at the rate on the Rental Statement. TIME CHARGES ARE BASED ON A 24-HOUR RENTAL DAY STARTING AT THE TIME OF RENTAL.
I will pay for each hour and/or any part of an hour in excess of a Rental Day until the Car is returned, up to the applicable daily rate. The number of miles driven is determined by the odometer readings at the beginning and end of the rental.
2. REFUELING SERVICE CHARGE: I will pay a Refueling Service Charge, if I return the Car with less fuel than when I rented it. The Refueling Service Charge is based upon the miles driven or the estimated gallons required to refuel the tank at the rate stated on the Rental Statement. If a prepayment option available, I may choose to pre-purchase the filled tank at the beginning of the rental and return the car empty. HOWEVER, THERE ARE NO REFUNDS FOR UNUSED FUEL.
3. PHYSICAL DAMAGE WAIVER (PDW) CHARGES: If PDW is accepted, I will pay the daily rate described on the rental Statement even if I don’t have the Car for a full day. (This is NOT insurance.)
4. OPTIONAL INSURANCE: If accepted, I will pay for any optional coverage available at the beginning of rental such as Zero Deductible Coverage (ZDC), Personal Accident Coverage (PAC) at the daily rate on the Rental Statement for each day while on rent to me. The cost, coverage provider, availability and terms may vary from location to location. Separate brochures explain the available coverages.
5. TAXES: I will pay all amounts due for the applicable sales, airport access use, excise and other taxes.
6. FINES AND OTHER EXPENSES: I will pay all parking and traffic fines, penalties, court costs and other expenses which are due because of the use of the Car during my rental including attorney and impound fees for collection and enforcement of this Agreement.
7. OTHER CHARGES: A Return Fee or other charges may be applied if I return the Car otherwise than as noted on the rental statement. I understand that a surcharge may apply to renters under the age of 25. If I ask for other services from You, additional charges may apply.
B. I AUTHORIZE YOU TO PROCESS OR SUBMIT A CHARGE TO MY CREDIT, CHARGE, OR DEBIT CARD FOR THE ESTIMATED CHARGES FOR THIS RENTAL UPON MY SIGNING OF THIS RENTAL AGREEMENT, AND I AUTHORIZE YOU TO PROCESS OR SUBMIT A CHARGE FOR ANY ADDITIONAL CHARGES DUE UPON RETURN OF THE VEHICLE. I CONSENT TO THE RESERVATION OR AUTHORIZATION OF CREDIT WITH THE CARD ISSUER FOR AN AMOUNT EQUAL TO THE ESTIMATED CHARGES IF YOU DO NOT PROCESS OR SUBMIT A CHARGE UPON MY SIGNING OF THIS RENTAL AGREEMENT. I also consent, if I fail to return the Car when due, to allow You to obtain any credit information on Me from my credit agencies you want to contact.
C. Charges not paid on time are subject to a late fee, applied monthly, which is the lesser of: (i) 2% per month; or (ii) the highest rate of interest permitted by applicable law to this form of agreement.
D. You can apply any cash deposit toward unpaid charges incurred by Me under the Rental Agreement.
E. ALL CHARGES ARE SUBJECT TO FINAL AUDIT. IF I AM OVERCHARGED OR UNDERCHARGED, I WILL PAY THE CORRECTED AMOUNT OR RECEIVE A REFUND. IF PREPAYMENT WAS BY A CREDIT CARD, I AUTHORIZE YOU TO CREDIT OR CHARGE MY CREDIT CARD.
9. THIRD-PARTY LIABILITY PROTECTION
A. You will protect Me against third-party liability claims arising out of operational use of the Car for:
i. Bodily injury or death of another (excluding any of My or Authorized Renter’s, family members related by blood, marriage or adoption residing with Me or them); and,
ii. Property damages other than to the Car. This protection is limited to any amount equal to the minimum limits specified by the compulsory insurance laws relating to automobile liability coverage in the state/territory/country in which the Car is rented but You will have no additional liability.
B. You will not provide Me with the benefit of “uninsured” or “under insured” motorist or motor vehicle coverage or supplemental “no fault” or any other optional overages unless such coverages are imposed by law in spite of the terms of this Rental Agreement in which case they shall be, if imposed, in the minimum limits required by applicable law. TO THE EXTENT PERMITTED BY LAW, YOU AND I REJECT THE INCLUSION OF ANY SUCH COVERAGE.
C. I will indemnify and hold You harmless from and against any and all losses, liabilities and expenses in excess of the limits of the protection provided by You under this Rental Agreement
D. I understand that any insurance protection provided by You does not apply to any obligation to which I may be held liable under any workers compensation, unemployment compensation, disability benefits law, or any similar law.
A. Where available and for an additional daily charge, if I have initialed that I accept the coverage at the beginning of the rental, I am entitled to the following:
1. PHYSICAL DAMAGE WAIVER (PDW): If I accept PDW You will waive Me & all authorized driver(s) responsibility for loss or damage to the rental vehicle up to the full value of the vehicle minus the first $500.00, regardless of fault, providing that I am in compliance with the terms of the Rental Agreement.
2. ZERO DECUCTIBLE COVERAGE (ZDC): ZDC can only be purchased in conjunction with PDW. ZDC removes the PDW deductible of $500 to $0.
3. PERSONAL ACCIDENT COVERAGE (PAC): PAC protects Me & My passengers in the event of accidental death
or bodily injury during the rental.
Renter Each Passenger
$25,000.00 Loss of Life $2,500 Loss of Life
$2,500.00 Medical Expense $1,000.00 Medical Expenses
$200.00 Ambulance $200.00 Ambulance
PAC will be voided if I have violated the Rental Agreement, or if loss results from intentionally self-inflicted injury, aircraft travel, while committing or attempting to commit an assault or felony, in consequence of being intoxicated or under the influence of any narcotic.
11. GOVERNMENT ADMISISTRATIVE RATE SUPPLEMENT (GARS)
A. If I am a US Federal Government employee traveling on official business and have a Travel Order, Travel Authorization or Government charge card which I present when picking up the rental vehicle You will charge Me a standard mandatory government administrative rate supplement (GARS) of $5.00 per day.
B. Persons authorized to drive if properly licensed, include Myself, and without additional charge, My fellow employees while acting within the scope of their employment duties.
12. HANDLING ACCIDENTS AND OTHER OCCURRENCES
A. I will immediately report any accident, theft or vandalism involving the car to You, and to the police and I will complete an accident report;
B. I will deliver to You any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the Car;
C. I will cooperate with You in the investigation and defense of such a claim or suit.
13. GENERAL PROVISIONS
A. No term of this Rental Agreement may be waived or changed except by a written agreement signed by Your authorized representative.
B. If any term of this rental Agreement is prohibited by law, it shall not affect the remaining terms.
C. Paragraph Headings have no independent meaning.
D. “CAR” means the Car rented or its replacements and all of its parts equipment, accessories, key and documents.