SUMMARY OF RENTAL TERMS AND CONDITIONS
BY COMPLETING YOUR RESERVATION, YOU AGREE TO TERMS BELOW. BY DOING SO YOU ARE AUTHORIZING CCR (Classique Car Rental) TO PROCESS ANY CANCELLATION/NO-SHOW FEES ON THE CARD YOU HAVE SUPPLIED FOR THE BOOKING
RENTER (CREDIT-CARD HOLDER) MUST BE PRESENT IN THE OFFICE AT THE TIME OF PICK UP WITH THE FOLLOWING DOCUMENTS:
⦁VALID DRIVER’S LICENSE OR VALID GOVERNMENT PHOTO ID MATCHING THE NAME ON CREDIT CARD.
IF RENTER DOES NOT HAVE A VALID DRIVER’S LICENSE THEN A PERSON(S) WITH A VALID LICENSE WHICH THEY AUTHORIZE TO DRIVE.
⦁MAJOR CREDIT CARD WHICH FULFILLS THE REQUIREMENTS OUTLINED IN CREDIT CARD SECTION BELOW.
⦁A VALID MAJOR CREDIT CARD (ATTACHED TO BANK ACCOUNT); VISA, MASTERCARD OR AMERICAN EXPRESS PRESENT IN OFFICE WITH CARDHOLDER. WE REQUIRE TO AUTHORIZE THE CREDIT CARD FOR EVERY RENTAL (WITH MIN $500+ AVAILABLE)
⦁DEBIT-CREDITS THAT ARE ISSUED FROM ANY COUNTRY OTHER THAN CANADA CAN BE ACCEPTED AS A MAJOR CREDIT CARD.
PAYMENT: WE STILL REQUIRE A MAJOR CREDIT CARD WITH AVAILABLE FUNDS FOR AUTHORIZATION ON TOP OF THE RENTAL AMOUNT (MIN 500+) DEPENDING ON RENTAL CLASS & DRIVERS DETAILS. PAYMENT FOR THE RENTAL CAN BE MADE BY DEBIT, CASH, TRAVEL CARD OR PREPAID CARDS OR MAJOR CREDIT CARDS (MASTERCARD, VISA, AMERICAN EXPRESS). CONTACT US DIRECTLY FOR MORE INFORMATION.
ADDITIONAL DRIVER(S): WE REQUIRE ANY AND ALL ADDITIONAL DRIVERS LICENSE PRIOR TO THEM DRIVING THE RENTAL VEHICLE. ADDITIONAL FEE OF $10 PER EACH DAY WILL APPLY FOR EACH DRIVER(S) ABOVE THE AGE OF 25 LISTED ON THE RENTAL CONTRACT (AMOUNT MAY VARY DEPENDING ON RENTAL LENGTH). ANY DRIVERS THAT ARE NOT AUTHORIZED BY THE COMPANY, WHO DRIVE THE VEHICLE WILL RESULT IN VOIDING ANY AND ALL INSURANCE COVERAGE’S THROUGH THE RENTAL COMPANY.
⦁AN EXTRA SURCHARGE WILL APPLY TO EACH DRIVER FROM THE AGES 21-25 LISTED ON THE RENTAL CONTRACT. (DAILY FEE VARIES WITH VEHICLE CLASS).
⦁DRIVERS BETWEEN 19-21 WILL HAVE A SURCHARGE ALONG WITH BEING RESTRICTED TO CERTAIN CLASS VEHICLES.
CONTACT US DIRECTLY FOR MORE INFORMATION.
⦁VALID DRIVER’S LICENSE WHICH IS PRINTED IN ENGLISH OR ACCOMPANIED WITH A TRANSLATION OR FOREIGN DRIVING PERMIT.
⦁WE ACCEPT NOVICE(N) LICENSE FOR RENTALS. THERE IS NO ADDITIONAL FEE AS LONG AS THE DRIVER IS OVER 25.
⦁ WE CAN ACCEPT A LEARNER’S LICENSE AS LONG AS THE REQUIREMENTS OF THE LICENSE ARE FOLLOWED. (ONLY FOR ROAD-TESTING RENTALS)
LOSS DAMAGE WAIVER:
**THIS WAIVER DOES NOT INCLUDE DAMAGES TO THE UNDERCARRIAGE, TIRES/ RIMS/WHEELS, GLASS OR CONVERTIBLE TOPS**
RENTERS MAY PURCHASE A LOSS DAMAGE WAIVER (LDW) THAT REDUCES THE RENTER’S FINANCIAL LIABILITY TO A MINIMUM AMOUNT FOR LOSS OR DAMAGE TO THE RENTAL VEHICLE AS LONG AS THE RENTER COMPLIES WITH THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT.
⦁COST OF LDW, FOR EACH FULL OR PARTIAL RENTAL DAY, MAY VARY BY VEHICLE CLASS AND RATE.
⦁ YOU SHOULD CHECK TO SEE IF YOU HAVE COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE THROUGH YOUR PERSONAL INSURANCE OR CREDIT CARD, AND IF IT IS SATISFACTORY FOR YOUR NEEDS AS IT MAY HAVE RESTRICTIONS OR LIMITS (EG. SIZE OR VALUE OF THE VEHICLE, LENGTH OF RENTAL ETC.). AND COULD AFFECT YOUR PERSONAL AUTO INSURANCE PREMIUM.
⦁DEDUCTIBLE AMOUNT VARIES ON CLASS OF VEHICLE AND EACH DRIVER(S) CRITERIA.
RATES: PRICES ARE BASED ON DAILY, WEEKLY OR MONTHLY RATES. **WE DO NOT CALCULATE RATES AT A PRORATED WEEKLY OR MONTHLY RATE IF RETURNED EARLY** IF THE RENTAL VEHICLE IS RETURNED EARLIER THAN THE DATE SHOWN ON THE RENTAL CONTRACT, A DIFFERENT RATE MAY APPLY (EXTRA DAY CHARGE) IF NO PRIOR NOTICE IS GIVEN.
PICK UP AND RETURN TIMES: VEHICLES ARE RESERVED OUT BASED ON RESERVATION PICK UP AND RETURN TIMES. PLEASE NOTE IF YOU SHOW UP LATER THAN THE RESERVED PICKUP TIME, YOU MAY STILL BE REQUIRED TO RETURN THE VEHICLE FOR THE ORIGINAL RETURN TIME.
DROPBOX: OUR OFFICE HAS AN KEY DROP BOX FOR THE CONVENIENCE OF CUSTOMERS. PLEASE NOTE* IF THE KEYS ARE PUT INTO THE KEY BOX AND THE RENTAL VEHICLE IS LEFT IN THE PARKING, THE RENTER IS RESPONSIBLE FOR THE VEHICLE UNTIL A CCR AGENT HAS INSPECTED THE VEHICLE DURING OUR BUSINESS HOURS.
FUEL POLICY: THE RENTAL RATE DOES NOT INCLUDE THE COST OF FUEL. THE VEHICLE MUST BE RETURNED WITH THE SPECIFIED FUEL TYPE FOR THAT VEHICLE, AND THE AMOUNT OF FUEL EQUAL TO THAT AT THE TIME OF COMMENCEMENT OF THE RENTAL. IF THE VEHICLE IS RETURNED WITH LESS FUEL THE DIFFERENCE WILL BE CHARGED AT A RATE WHICH INCLUDES A SERVICE COMPONENT, UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE AND NOTED. THE COMPANY DOES NOT REIMBURSE FOR OVER FUELING THE VEHICLE.
CANCELLATION POLICY: (DAYS/HOURS OF NOTICE ARE DOUBLED FOR BOOKINGS DURING HOLIDAYS)
CUSTOMERS THAT DO CANCEL MUST RECEIVE A CONFIRMATION OF THE CANCELLATION VIA EMAIL.
SPECIAL REQUESTED VEHICLES OR LARGE LENGTH RESERVATIONS MAY REQUIRE MORE NOTICE, PLEASE CONTACT US DIRECTLY TO CONFIRM.
THESE POLICIES MAY NOT ALWAYS APPLY TO RESERVATIONS. CALL US DIRECTLY FOR CURRENT POLICIES.
ALL CAR RENTAL RESERVATIONS REQUIRE A MINIMUM OF 72 HOURS NOTICE FROM RESERVATIONS PICK UPDATE, TO CANCEL A BOOKING WITHOUT A FEE.
CANCELLATION CHARGES: (100% OF RENTAL RATE WILL BE CHARGED DURING HOLIDAYS + DAYS REQUIRED DOUBLED)
0-3 DAYS FROM THE PICKUP DATE, 100% OF THE RENTAL RATE MAY BE CHARGED
NO SHOW: CUSTOMERS THAT FAIL TO SHOW UP FOR RESERVATIONS WILL CHARGED FOR 100% OF THE FULL RENTAL AMOUNT.
FULL RENTAL AGREEMENT TERMS AND CONDITIONS
Welcome to V.I.G. Ventures LTD. (“Classique Car Rental” ccr)
Renter agrees by Renter’s signature on the Rental Agreement Summary that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement (Agreement).
Renter expressly acknowledges that Renter and Owner are the only parties to this Agreement, notwithstanding that a reservation for vehicle may have been arranged by a third party; that a third party may pay for all or part of the rental bill; and/or that a third party may negotiate certain terms of the rental, including but not limited to the type of vehicle, length of rental, rental rate and/or selection of optional products. For matters arising from this Agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. This Agreement is the entire Agreement between Renter and Owner and cannot be altered by another document or oral Agreement unless agreed to in writing and signed by Renter and Owner.
For the purposes of this Agreement, the following terms are specifically defined:
a) “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER(S), who meets the minimum rental age and holds a valid license;
b) “Optional Accessories” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter.
c) “Owner” for the purposes of this agreement means “OWNER OF VEHICLE” shown on the top of the Rental Agreement Summary;
d) “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered AND, IN EITHER CASE, checked in by Owner;
e) “Renter” means the person, or entity identified on the Rental Agreement Summary as “RENTER”;
f) “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s).
Ownership/Vehicle Condition/Warranty Exclusion.
Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter Vehicle. If Renter or AAD(s) determines Vehicle is unsafe, Renter or AAD(s) shall stop operating Vehicle and notify Owner immediately.
Payment by Renter.
For items designated as either “/hour”, “/day”, “/week” or “/month” on the Rental Agreement Summary:
(1) Day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.
Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day.
b) Renter shall pay OWNER; its affiliates or agents amounts as set forth on the Rental Agreement Summary for:
c) Renter shall pay Owner any additional fees as described in the Rental Agreement
(2) The charge per kilometer for all kilometers exceeding any free kilometers set forth on the Rental Agreement Summary permitted for the Rental Period.
(3) The fuel charge at A DOUBLE RATE BASED ON MARKET PRICE. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be the Owner’s estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is re-turned with more fuel than when Renter received it or if Renter purchased prepaid fuel. If Renter purchased Fuel Service Option, then Renter’s fuel charge shall be the per liter charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit for any unused fuel.
(4) The other fees and charges (none of which are taxes) including but not limited to:
(a) Any airport Consolidated Facility Charge (CFC) which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of this consolidated rental car facility; other airport facilities; and/or transportation related facilities
(b) The Concession Fee Recovery (CONC REC), Premium Location Charge (PRE LOC CHG) or similarly designated charge, which is Owner’s charge to recover the concession fees paid by Owner to this airport’s owner or operator in connection with this rental;
(c) The Facility Fee Recovery (FAC REC) which is Owner’s charge to recover the estimated fees, charges, costs, which may include rent paid by Owner to the owner, operator or agent of the location being serviced by Owner for this rental or to the owner, operator or agent of the location of the Branch Address on the Rental Agreement Summary;
(d) The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in province of rental including air conditioning tax, tire tax and battery levy where applicable. The VLF REC is not calculated based on the costs imposed upon a particular vehicle. (e) Additional Obligations of Renter – Unless prohibited by law Renter shall pay Owner, its affiliates or agents:
(f) charges for cleaning the vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odors including cigarette smoke;
(1) If Vehicle returns to a location other than the designated return location, a vehicle recovery fee, unscheduled ONE-WAY fee or drop charge which shall be no more than the greater of:
b) $.60 per kilometer between return location and original rental office;
c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.
(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs.
(3) All fines, costs charges, and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls, and Violations). Renter consents to the payment of all Fines, Tolls and Violations by Owner, its affiliates, or a third party on Renter’s behalf without advance notice thereof and acknowledges that such payment may prejudice Renter’s ability to contest Fines, Tolls, and Violations with the applicable authority. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such Fines, Tolls and Violations. In addition, Owner, its affiliates or a THIRD-PARTY may assess a fee of up to $50 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations and their administration.
(4) A late charge of 1.5% per month (19.5% per year), not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
(5) All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in regaining possession of Vehicle or in enforcing any term or condition of this Agreement, including legal fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.
(6) The taxes, fees and other mandatory charges imposed by provinces, Provinces, counties and other governmental authorities. IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. FOR A VEHICLE RENTED WITH A CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF RENTAL PERIOD. All charges are subject to final audit by Owner.
(7) Return of the Car.
You agree to return the car to us in the same condition you received it, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the car outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. Operating hours vary by location. If we do not find the car when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
(8) Renter is responsible for loss or damage of rented vehicle key or fob.
A charge will be applied for any lost or damaged keys or fobs in the amount of $250.
Limits on Use and Termination of Right to Use.
a. Renter agrees to the following limits on use:
(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.
(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training.
(3) Vehicle shall not be used for any illegal purposes, in any illegal or reckless manner, in a race or speed contest, or to tow or push anything.
(4) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.
(5) Renter shall not remove any seats from Vehicle.
(6) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.
(7) Vehicle shall not be driven or taken outside the provinces and Provinces authorized on the Rental Agreement Summary.
(8) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.
(9) Vehicle shall not be driven on an unpaved road or off-road. (10) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.
(11) Renter shall not transfer or assign this Agreement and/or sublease Vehicle.
(12) Vehicle shall not be used to
a. Store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address specified on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retain any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen.
Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3. 5. Roadside Assistance. For roadside assistance in the U.S. and Canada call the number located under the driver side sun visor and you will be connected to a third party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.
For roadside assistance in Canada call the number located under the driver side sun visor and or owners manual in the glove box. You will be connected to a third party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.
Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits, and proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter, and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an Event Data Recorder or similar device (EDR) for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.
Damage to, Loss or Theft of, Vehicle, Optional Accessories, and Related Costs.
Except to the extent restricted, modified or limited by provincial law, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God.
Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner.
If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds.
For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories.
Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages.
Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows:
(i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 3 multiplied by the daily rate (including any Car Class Change) on the Rental Agreement Summary;
(ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate on the Rental Agreement Summary.
Renter also agrees to pay:
(a) an administrative fee of $75.00 when the repair estimate is less than $5,000.00 or $150 when the repair estimate is $5,000.00 or greater;
(b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99. If Vehicle is returned during non-business hours or to any place other than Branch Address on the Rental Agreement Summary, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility.
Renter agrees to pay any taxes, fees and other mandatory charges imposed by Provinces, counties and other governmental and/or airport authorities.
Motor Vehicle Liability Insurance.
Except to the extent required by the motor vehicle financial responsibility laws of the applicable province or otherwise by law, Owner does not provide insurance coverage or motor vehicle financial responsibility to Renter, AAD(s), passengers or third parties through this Agreement. If valid automobile liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable motor vehicle financial responsibility law, such insurance is primary and Owner extends none of its insurance or motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement and if Owner is obligated to extend its insurance or motor vehicle financial responsibility to Renter, AAD(s) or third parties, the Owner’s obligation is limited to the applicable provincial minimum financial responsibility amounts. To the extent required by law, Owner’s insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. Owner does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties. Owner’s financial responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.
Indemnification by Renter and Driver.
a. Renter and driver shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Owner or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle by any person.
b. With respect to the protection provided by optional LDW, if purchased, Owner or its affiliate(s) waives indemnification in accordance with paragraph 17. SEE PARAGRAPH 17 FOR MORE INFORMATION ON LDW.
c. In the event legal liability is imposed upon Owner or its affiliate(s), renter and/or driver due to an accident or occurrence, motor vehicle liability insurance available to the renter and/or driver are primary coverage and must respond to the liability of the Owner or its affiliate(s), renter, and driver.
d. In the event that legal liability is imposed on Owner or its affiliate(s) due, to an accident or occurrence, Renter and AAD(s) shall indemnify and hold harmless Owner or its affiliate(s) for the amount of any such liability.
Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection.
1. Except as required by law, or as provided by the insurance or motor vehicle financial responsibility described in this agreement, Owner does not provide personal injury Accident Benefits protection or Uninsured/Unidentified Motorist protection through this Agreement. Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law.
2. Personal Property.
Owner is not responsible for any damage to or theft of Renter’s personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental transaction. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property or data downloaded to Vehicle of Renter or Renter’s passengers upon termination of the Rental Period.
Operation outside of Canada
Vehicle shall not be driven or taken outside the provinces and Provinces of British Columbia. Even with Owner’s prior written consent, LDW, PAI, and PEC do not apply outside of Canada. Renter must maintain or purchase insurance which shall apply outside of Canada, as specified and approved by Owner, prior to taking Vehicle outside of Canada.
Third Party Proceeds.
If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment.
Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy.
In such event the flat fee might exceed or be less than the normal “/day” charges as calculated under this Agreement; or third party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party.
Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
Power of Attorney.
Renter hereby grants and appoints to Owner a Limited Power of Attorney: a. to present insurance claims of any type to Renter’s insurance carrier if:
(1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
(2) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims. To endorse Renter’s name to entitle Owner to receive insurance payments directly for any such claims, damages, liabilities or rental charges.
If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. Where both a French and English version of this agreement have been provided, the English version shall govern on any questions of interpretation and in resolution of any ambiguity or conflict.
Limitation of Remedy/No Consequential Damages.
If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAl DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s) AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or Information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
Liability Damage Waiver.
Damage Waiver is not insurance and is not required in order to rent Vehicle. Renter is required to present proof of insurance if LDW is declined in order to rent a car. Renter may purchase optional Damage Waiver (LDW) from Owner for an additional fee. If Renter purchases LDW, Owner agrees, subject to the actions that invalidate LDW listed below, to contractually waive Renter’s responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence, according to the amount initialed on the Rental Agreement Summary of Agreement. If Renter purchases LDW,
a. And Renter has initialed the space “Renter insurance information” on the rental agreement, Renter is relieved of losses and damages to the rented car up to the full value of the car, after an initial $500 for LDW+ and up to $1000 for LDW, subject to the terms of Agreement, or
b. And Renter has initialed the space “Up to $1000 Deductible” on the reverse of this agreement, Renter is relieved of responsibility to Owner for an amount equal to any deductible on Renter’s automobile insurance policy, up to a maximum of $1000. Renter remains responsible for and is obligated to Owner for all losses and damages in excess of the deductible amount.
Notwithstanding anything to the contrary and unless prohibited by law, LDW does not apply to lost or damaged keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. LDW does not apply to damage occurring outside of Canada and the U.S. When deciding whether or not to purchase LDW, Renter may wish to check with Renter’s insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Renter has coverage or protection for such damage or theft and the amount of Renter’s deductible or out-of-pocket risk. THE FOLLOWING ACTIONS SHALL INVALIDATE LDW:
a. if Vehicle is damaged when used or driven:
(1) by any person other than Renter or AAD(s) without Owner’s prior written consent;
(2) by any person if there is reasonable evidence the driver was impaired by the use of narcotics, intoxicants, or drugs, used with or without a prescription;
(3) by any person committing a felony or otherwise engaged in a criminal act;
(4) in a race or speed contest;
(5) to tow or push anything;
(6) outside the provinces or Provinces authorized on the Rental Agreement Summary of the agreement;
(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;
(8) to transport persons or property for hire;
(9) in a wanton or reckless manner or if Vehicle is deliberately damaged;
(10) on an unpaved road or off road;
(11) a. to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
b. if Renter misrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or
c. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or
d. if Renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism.
e. if the vehicle is stolen and the Renter fails to do any of the following:
(1) return the original ignition key(s) and Owner’s key tag identifying Vehicle;
(2) file a police report within 24 hours after discovering the theft; (3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft;
(4) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.
Optional Roadside Assistance Protection:
When deciding whether or not to purchase ROADSIDE ASSISTANCE PROTECTION (RAP), you may wish to check to determine whether, you have other coverage or protection for such services. ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE ASSISTANCE PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Owner agrees to contractually waive Owner’s right to collect from Renter for the following services:
(i) lost and damaged key replacement (including remote entry devices),
(ii) flat tire replacement (if no Inflated spare is available, Vehicle will be towed) and the cost of a replacement tire is not waived), (iii) lockout service (if keys are locked inside Vehicle),
(iv) Vehicle jumpstart, and
(v) fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel.
Telematics Notice and Release.
Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice. Renter acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter. Renter authorizes any person’s use or disclosure of or access to
(i.) location information,
(ii.) automatic crash notification to any person for use in the operation of an automatic crash notification system and ,
(iii.) operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law. Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized such use, disclosure or access as provided herein. Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter AAD(s) and passengers) or property caused by failure of the telematics system to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner. Use of the Telematics System is subject to the terms and conditions and privacy. By signing this Agreement, Renter authorizes the provision of such Telematics Services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Owner.
The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
Choice of Law.
All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the Province where this Agreement is executed by Renter without giving effect to the conflict of laws of such province.
Release of Information to Third Parties.
Owner may disclose Renter’s personal information:
(1) when required by law,
(2) in response to legal process,
(3) without legal process in response to a request from law enforcement relating to a criminal investigation;
(4) to protect Owner’s rights, privacy, safety or property, or the public;
(5) to permit Owner to pursue available remedies or limit damage, or
(6) to enforce the terms of any rental or sales agreement or website’s terms and conditions.