Terms and Conditions for Auto Rental ETC
Terms and Conditions
Terms and Conditions of Rental Contract
**RESERVATION DEPOSITS ARE NON REFUNABLE IN CANCELED OR NO SHOW**
I agree to rent the car and agree to comply with the terms below an on the front of the rental contract, collectively known as the “rental agreement.” This agreement is between Me (sometimes “I” or “My”) and Auto Rental Etc. (sometimes “You or “Your” for the rental of the car described on the Rental Agreement 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 appeared at the time of rental and has signed this Rental Agreement. All authorized renters warrant that they are at least 25 years of age and have a valid drivers license and fulfill other qualifications.
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 for 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 known as article 2A.
3-PROHIBITED USES OF CAR
A-The Car may not be used:
1-by other than authorized driver
2-push or tow anything
3-in any race or similar type contest
4-for illegal purposes, or in the commission of a crime
5-while intoxicated or under the influence of any drug or any drug and alcohol
6-to carry persons or properly for hire
7-by anyone who gives you false or misleading information.
8-to intentionally cause damage or engage in willful or wanton misconduct
B-Any prohibited use of the car violates the rental agreement and voids or deprives me 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 designated office on the data and time noted on the rental agreement, or sooner if you request, in the same condition as when I received it. I may not keep the car longer than thirty 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. Returning the car by an unauthorized driver will incur an additional charge.
5-REPOSSESSING THE CAR BY REMOTE TRACKING DEVICES
You have the right to monitor, locate, disable and repossess the Car through remote tracking devices or otherwise at My cost and without notice if it is being used in violation of the law, illegally parked, apparently abandoned, in breach of the payment obligations, or in breach of the geographic restrictions of this rental.
6-MY RESPONSIBILITY FOR LOSS
A. If I decline optional 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 loss of use, administrative, appraisal, towing and storage costs.
B. If I purchase the optional PDW, my responsibility for loss will be reduced in full unless the loss results from:
1-Use of the car by other than an Authorized Renter
2-Use of operation of the car in violation of the rental agreement.
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 the premises; or (iii) in or on any other car belonging to You.
A. I will pay you all charges on the Rental Agreement. Such charges will include:
1-Time and Mileage charges. These charges are at the rate on the rental agreement. Time charges are based on a 24 hour rental day starting at the time of rental. The minimum charge is one day, plus mileage. 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 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 Charges is based upon the miles driven or the estimated gallons required to refill the tank at the rate stated on the rental statement. If a prepayment option is 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 the 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. PDW is not pro rated. PDW is not insurance.
4-Optional Insurance: If accepted, I will pay for any optional coverages available at the beginning of rental such as Supplemental Liability Insurance (SLI), personal accident insurance and person effects insurance coverages at the daily rate on the rental agreement for each day or partial day while on rent to me.
5-Taxes: I will pay all amounts due for 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 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 agreement. 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 estimated charges, and minimum deposit, upon signing this rental agreement. I authorize you to process or submit a charge for any additional charges should I decide to keep the car longer than originally signed for. I also consent, if I fail to return the car when due, to allow You to obtain any credit information on Me from any credit agencies You want to contact.
C-Charges not paid on time are subject to a late fee, applied weekly, which is the lesser of (i) 5% per work; or (ii) the highest rate of interest permitted by applicable law to this form of agreement.
D-All charges are subject to final audit. If I am overcharged or undercharged, I will pay the correct amount or receive a refund. If prepayment was by cred card, I authorize you to credit or charge my credit card.
9-RENTERS THIRD PARTY LIABILITY RESPONSIBILITY
I agree that I and/or My insurance company will be responsible for handling, defending, and paying all third party claims for bodily injury, death or property damage caused by or arising from the use or operation of the car in an amount at least sufficient to satisfy applicable responsibility or other insurance laws. I and any additional renters indemnify and hold You harmless from and against, and will defend you against any and all loss, liability or damages whatsoever caused by or arising out of the use or operation of the car during the rental. Where permitted by law, you do not provide any third party liability protection covering this rental except as may be provided pursuant to paragraph 10. Where You are required by law to provide third party protection in spite of the terms of this rental agreement, it shall be secondary over any coverage provided Me or any additional Renter under all other policies, and, if so imposed shall only provide such protection in excess of all other coverage in an amount necessary to satisfy the minimum protection required by applicable law or state. In the event of an accident, I will provide proof of financial responsibility as required by the state in which the accident occurs.
10-OPTIONAL SUPPLEMENTAL LIABILITY INSURANCE
A-For an additional charge. If I have initiated that I accepted the optional SLI at the beginning of the rental, I am entitled to the follow:
1-Auto Rental Etc. will protect Me against third-party liability claims arising out of the use or operation of the Car for (i) bodily injury or death of another (excluding any of My or Additional Renter’s family members related by blood, marriage or adoption residning with Me or them) and; (ii) Property damage other than to the Car. This protection is limited to an amount equal to the minimum limits specified by the compulsory insurance or financial responsibility laws relating to automobile liability insurance in the state in which the car is rented and shall be referred to as Primary Protection; and,
2-SLI and/or MDP provides Me with a separate policy providing excess coverage against such claims for the difference between the primary protection and a maximum combined single limit of $1,000,000,000 (U.S) per occurrence for bodily injry, including death and property damage, for other than the car while the car is on rent to Me.
3-I additionally agree to defend, indemnify and hold Auto Rental Etc. harmless for and against any and all loss, liability or damage whatsoever not paid or covered by SLI or the Primary Protection.
B-I understand SLI is void if I violate the terms of the Rental Agreement. I understand SLI is subject to the other specific exclusions which are summarized on the separate SLI brochure which is available at the rental counter.
C-Neither the Primary Protection nor SLI provides coverages for “uninsured” or “underinsured” motorist or motor vehicle coverage or supplementary “no fault,” first-part benefits or any other optional coverage unless such coverage is imposed by law in spite of the terms of this agreement in which case they shall be, if imposed, in the minimum limits required by applicable law and provided as a part of the Primary Protection only. To the extent permitted by law, you and I reject the inclusion of any such coverage.
11-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 any accident report.
B-I will deliver to you a legible copy of any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the car.
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 heading have no independent meaning.
D-“Car” means the Car rented or its replacements and all of its parts, equipment, accessories, keys and documents.
E-I understand that it is my responsibility to comply with all applicable seat belt laws and child restraint laws.
12-NOTICE TO RENTERS
If I have collision coverage under my own automobile insurance policy written in Louisiana, my collision coverage automatically extends to rental cars pursuant to R.S.22:1406:F)
Even if I am not insured, the purchase of a physical damage waive (PDW) is not mandatory and may be waived. The contract offers, for an additional charge, PDW to cover my responsibility for damage to the Car. Before deciding whether to purchase PDW, I may wish to determine whether my own automobile insurance affords coverage to me for damage to the rental car, and the amount of the deductible under such coverage.