Terms & Conditions

Terms and Conditions.

Renter agrees by Renter’s signature on the digital agreement sent by online link (herein referred to as the “Rental Agreement Summary”) that Renter has read, and is bound by the terms and conditions contained in this Rental Agreement Jacket and in the Rental Agreement Summary (the Rental Agreement Jacket shall be referred to collectively as the “Agreement” herein), and assumes full responsibility for it during the Rental Period whether or not subsequentAgreements are executed.

Owner assigns a new Agreement number during the Rental Period for the purpose of invoicing Renter. Renter expressly acknowledges that Renter and Owner are the only parties to this Agreement, notwithstanding that a reservation for the 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 have made the reservation on Renter’s behalf.

Renter agrees to pay all charges due hereunder, including but not limited to those relating to the rental of the vehicle, taxes, fees, and optional products selected by Renter. Matters arising out of this Agreement shall be governed by the laws of the jurisdiction where the vehicle is rented, and Renter agrees to submit to the exclusive jurisdiction of the courts of such jurisdiction.

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.

1. Definitions:

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 by Owner to operate the Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER (S), and with the permission of Renter, includes: (1) Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license. (2) Renter’s employer or coworker if they are engaged in business activity with Renter, are licensed drivers, and meet the minimum age requirement.

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 Owner and rented to Renter for use with the Vehicle.

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 the Vehicle until the 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).

2. Ownership/Vehicle Condition/Warranty Exclusion.

Renter acknowledges that the Vehicle and any Optional Accessories are, by ownership, beneficial interest, or 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 agrees Renter received the Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD THE 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 or tamper with the Vehicle or any Optional Accessories. If Renter or AAD(s) determines the Vehicle or any Optional Accessories is unsafe, Renter agrees to immediately cease operating the Vehicle and any Optional Accessories and notify Owner immediately. Warning: Florida Law provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 3 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”

3. Payment by Renter.

a. For items designated as either “/hour”, “/day”, “/week” or “/month” on the Rental Agreement Summary:

(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.

(2) If “day = 24 hours period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.

(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.

(4) “/week” is 7 consecutive 24 hours days beginning at the start time of the rental.

(5) “/month” is 30 consecutive 24 hours days beginning at the start time of the rental.

(6) 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:

(1) The hour, day, week and month charges on the Rental Agreement Summary for the Rental Period. The “/hour” charge if shown on the Rental Agreement Summary is calculated on a 60-minute hour. The “/day” charge is for a 24-hour period unless otherwise stated.

Charges are based on the pick-up and drop-off dates and times shown on the Rental Agreement Summary. Hourly charges are based on the number of hours or partial hours from the time of pick-up to the time of drop-off, unless a different minimum charge applies. Daily charges are based on a 24-hour rental day, beginning at the time of pick-up. Weekly charges are based on 7 consecutive days rental. Monthly charges are based on 30 consecutive days rental. Charges for partial days, extras hours, extra days, and extra weeks are at the rates shown on the Rental Agreement Summary or as quoted by Owner. If a vehicle is returned after the specified time on the Rental Agreement Summary, an additional charge may apply. If the return location is changed, the charges may be different.

(2) The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period.

(3) The Optional Accessories, services, and/or products charges for those items accepted by Renter.

(4) The optional Verified Carbon Offsets (CO2 OFFSET) accepted by Renter are an optional environmental service designed to offset the greenhouse gases emitted by the vehicle. Owner will pass the collected amounts to an independent 3rd party provider. See www.keystogreen.com for more information. The estimated emissions produced by the vehicle are based on the average emissions and fuel economy of vehicles in the rental fleet and are not calculated based on the emissions of a particular vehicle.

(5) The Toll pass service accepted by Renter with [Rental Car Company Name] offers the OnePass® service to process your tolls due. If there is a toll you do not pay, you will be charged the cost of each toll plus a $8.95 Daily Usage Fee for each day tolls are incurred. Tolls will be charged at the highest posted, non-discounted cash rate.” As explained earlier, this wording is up to [Rental Car Company Name] and it’s legal advisors to determine.

(6) The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated fuel consumption 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 returned with more fuel. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per-gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall receive a rent credit for any unused fuel.

(7) The one-way fee (for returning to a predetermined location other than the Branch Address on the Rental Agreement Summary), fees for AAD(s) where applicable, and additional charges based on Renter or AAD(s) age.

(8) The other fees and charges (none of which are taxes), if applicable, including but not limited to:

a. The tourism commission assessment recovery (TOUR REC), by which Owner recovers the tourism assessment applicable to this rental as permitted by Section 19547.5 of the California Government Code;

b. The customer facility charge (CFC) which is required by an airport to be collected by a rental company from Renter, in connection with this rental, for the final improvement, operation, maintenance, and/or modification of consolidated airport vehicle rental car facilities, other airport facilities, and/or common use transportation systems and vehicles;

c. The Concession Fee Recovery (CONC REC) which is Owner’s charge to recover the renter’s proportionate share of the amount paid by the rental company to the airport for the right or privilege of conducting a vehicle rental business on the airport’s premises;

d. The Vehicle License Recovery Fee (VEH LIC RECOVERY) which is the Owner’s charge to recover Owner’s estimated average daily cost per vehicle for charges imposed by California governmental authorities to title, register, and plate all vehicles in its rental fleet registered in California. The VEH LIC RECOVERY is not calculated based on the costs imposed on Owner by any particular governmental authority.

e. Additional Obligations of Renter – Unless prohibited by law, Renter shall pay Owner, its affiliates, or agents:

(1) If Renter returns the vehicle to a location other than the designated return location, a vehicle recovery fee, unscheduled one-way fee, or drop charge which shall be the greater of: a) $2000.00; b) $1.50 per mile between return location and original rental office; or c) Owner’s adjusted daily, weekly, or monthly rate applicable on the date of the rental.

(2) For damage to, loss, or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), if DW, as described in paragraph 17, does not apply.

(3) All fines, costs, charges, and attorneys’ fees for legal violations, parking, tolls, towing, and storage attaching to Vehicle or incurred by Owner or its affiliates or agents during the rental period. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer any such liability. Owner, its affiliates, or third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any citations and tolls and their administration.

(4) A late charge of 1 1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

(5) The taxes, fees, and other mandatory charges imposed by states, counties, and other governmental authorities.

(6) 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 of the agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner shall be the responsibility of the Renter.

The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated amount of fuel needed to refill the tank to the 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 returned with more Fuel than when rented.

If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per-gallon charge multiplied by the fuel tank capacity of the Vehicle rented. Renter will not receive a refund or credit for any unused fuel.

(8) The other fees and charges (none of which are taxes), if applicable, including but not limited to:

a. The tourism commission assessment recovery (TOUR REC), by which Owner recovers the tourism assessment applicable to this rental as permitted by Section Government Code;

d. The Vehicle License Recovery Fee (VEH LIC RECOVERY) which is the Owner’s charge to recover Owner’s estimated average daily cost per vehicle for charges imposed by governmental authorities to title, register and plate all vehicles in its rental fleet registered in California. The VEH LIC RECOVERY is not calculated based on the costs imposed on Owner by any specific governmental entity.

e. Additional Obligations of Renter – Unless prohibited by law, Renter shall pay Owner, its affiliates or agents:

(1) If Renter returns the vehicle to a location other than the designated return location a vehicle recovery fee, unscheduled one way fee or drop charge which shall be the greater of: a) $2000.00; b) $1.50 per mile between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of rental for each day or partial day the vehicle is not returned to the designated location;

(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), if DW, as described in paragraph 17, does not apply;

(3) All fines, costs, charges and attorneys’ fees for legal violations, parking, tolls, towing and storage attaching to Vehicle or incurred by Owner or its affiliates or agents during the Rental Period. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer any such liability. Owner, its affiliates or third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any citations and tolls and their administration;

(4) A late charge of 1 1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period;

(5) The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities;

(6) 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 of agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.

IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT CHARGE(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE(S) WITHOUT FURTHER AUTHORIZATION FROM RENTER. FOR A VEHICLE RENTED WITH A CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED WITHIN 15 BUSINESS DAYS OF THE END OF RENTAL PERIOD. All charges are subject to final audit by Owner.

4. 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. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier, or a private carrier of property UNLESS:

i. Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented.

ii. Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations.

(4) 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. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(5) Vehicle shall not be used to carry passengers more than the number of seat belts provided by manufacturer or outside of the passenger compartment. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(6) Renter shall not remove any seats from Vehicle. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(7) Vehicle shall not be driven by any person impaired using alcohol, narcotics, intoxicants, or drugs, used with or without a prescription. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(8) Vehicle shall not be loaded more than Vehicle’s Gross Vehicle Weight Rating (GVWR) which is the weight of Vehicle plus weight of load, as indicated on the driver-side doorjamb. Renter must also distribute the load properly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.

(9) Vehicle shall not be driven or taken outside the United States unless authorized on the Rental Agreement Summary. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(10) Vehicle shall not be driven on an unpaved road or off-road. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(11) 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. CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(12) Renter shall not transfer or assign this Agreement and/or sublease Vehicle. In this case, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

(13) Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature. If the vehicle is used for any of these purposes, the protection plan can be voided by AZ CAR RENTAL decision.

(14) Vehicle shall not be used for testing Vehicle’s technological components or capabilities. If the vehicle is used for testing purposes, the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

a. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Rental Agreement Summary or in the alternative location specified by the Owner. The vehicle should be returned in the same condition as received, ordinary wear and tear excepted. Any extensions to the Rental Period are at Owner’s option.

b. 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), has the right to terminate Renter’s right to use the Vehicle. In such cases, Owner has the right to seize the Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) 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 the Vehicle.

c. If Renter or AAD(s) continue to operate the Vehicle after the right to do so is terminated, Owner has the right to notify the police that the Vehicle has been embezzled. Renter and AAD(s) discharge Owner from and indemnify, defend, and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges and obligations as set forth in Paragraph 3, and the CDW or any insurance or protection plan can be voided by AZ CAR RENTAL decision.

5. Roadside Assistance.

For roadside assistance in the U.S. call ENCORE ROADSIDE +1 (888) 628-5095 and you will be connected to a third party roadside assistance provider who, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any services provided by the third party roadside assistance provider and are the responsibility of the Renter.

6. Accidents.

Damage to, loss or theft of, Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the first business day following 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 or legal proceedings served upon them or received by them relating to 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 accessing and using such data from the EDR.

7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs.

In addition to other obligations under the Florida Law, if Optional Accessories are purchased, subject to any limitations in law, Renter accepts responsibility and shall pay Owner, on demand, for:

a. All collision damage to Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of the Vehicle.

b. Theft of Vehicle or damages resulting from the theft of Vehicle if Renter or AAD(s) fails to exercise ordinary care of Vehicle during the Rental Period. Renter is responsible for the cost of repair up to the fair market value of the Vehicle.

c. The first $2000 of vandalism damages that are not a direct result of the actual theft of the Vehicle.

d. An administrative charge, as authorized by Florida Law.

e. Towing, storage or impound fees.

Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. If Renter is responsible for damages as outlined above, and if Renter returns Vehicle outside of business hours or to any place other than the Branch Location on the Rental Agreement Summary, damages as outlined above occurring prior to an employee of Owner inspecting Vehicle is Renter’s responsibility. Notwithstanding anything to the contrary and unless prohibited by law, DW (Damage Waiver) does not apply to Optional Accessories. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. Renter shall not have possession of Vehicle or Optional Accessories beyond the Rental Period or without permission from Owner. SEE PARAGRAPH 16 FOR INFORMATION ON OPTIONAL DW.

8. Responsibility to Third Parties.

Owner or its affiliate complies with applicable motor vehicle financial responsibility laws as an insured, self-insurer, bondholder, or to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law or this Agreement.

However, neither Owner or its affiliate assumes any liability for Renter or third-party liability, nor provides insurance coverage to Renter, AAD(s), passengers, or third parties through this Agreement. If valid automobile liability insurance or other forms of financial responsibility for liability are available on any basis to Renter, AAD(s), or any other driver and such insurance or self-insurance satisfies the applicable state motor vehicle financial responsibility law, then Owner or its affiliate as the case may be extends none of its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement, Owner or its affiliate is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s), or third parties.

In that case, Owner’s or its affiliate’s obligation is limited to the minimum financial responsibility amounts required by the motor vehicle financial responsibility laws of the state where the accident occurs. Unless required by law, Owner’s or its affiliate’s financial responsibility shall not extend to any claim made by a passenger while entering or getting out of the Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan, or contract. FOR INFORMATION ON OPTIONAL SLP, PLEASE REFER TO PARAGRAPH 18.

9. Indemnification by Renter.

Renter 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 or Optional Accessories by any person, including but not limited to Renter’s or any other driver’s or passenger’s operation or use of the Vehicle or Optional Accessories or Renter’s or any other driver’s or passenger’s failure to comply with any term or condition of this Agreement, or arising out of the negligence or willful misconduct of Renter, any other driver or passenger.

Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility for all such losses. This obligation may be limited if Renter purchases optional DW and/or optional SLP to the extent DW and/or SLP applies. SEE PARAGRAPHS 18 AND 19 FOR INFORMATION ON OPTIONAL DW AND OPTIONAL SLP.

10. Personal Injury Protection and Uninsured/Underinsured Motorist Protection.

Except as required by law, Owner or its affiliate do not provide Personal Injury Protection Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner or its affiliate provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and UM/UIM coverage in excess of the minimum limits required by law. SEE PARAGRAPH 18 FOR INFORMATION ON OPTIONAL PAI/PEC.

11. Personal Property.

Owner is not responsible for any damage to, loss or theft of, any personal property or data contained therein, whether the damage occurs during the rental period or after the termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual or constructive, with respect to any personal property carried in or left in the Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliates harmless from any and all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arising out of Renter’s failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle.

Renter is solely responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property from Vehicle. 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 the Vehicle or on Owner’s premises.

12. 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 “per/day” charges or the per diem benefits under the Agreement.

In such event the flat fee might exceed or be less than the normal “per/day” charges as calculated under this Agreement or the third party’s per diem benefits. Regardless of 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 charges incurred by the Renter not paid 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, etc.

13. 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 and/or credit card company if:

i. Vehicle is damaged, lost or stolen during the Rental period, and if the Renter is liable under Florida Law, and if Renter fails to pay for any damages; or

ii. 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.

b. To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities, or reimbursement.

14. Severability.

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.

15. Limitation of Remedy/No Consequential Damages.

If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure during the Rental Period caused by Owner 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 shall be the substitution of another similar Vehicle by Owner to Renter and to recovery

16. NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER.

DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. IN THE EVENT RENTER DOES NOT PURCHASE DAMAGE WAIVER, RENTER MUST PROVIDE HIS OWN OR PERSONAL VEHICLE INSURANCE THAT WILL BE VERIFIED FOR COVERAGE. AZ CAR RENTAL RESERVES THE RIGHT TO DENY RENTAL WITHOUT INSURANCE VERIFICATION OR VALID INSURANCE POLICY.

Renter is responsible for all collision damage to the Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the full value of the Vehicle, administrative fees, towing, storage, and impound fees. Renter is responsible for the first $3000 of vandalism that is not a direct result of the actual theft of the Vehicle. Renter is responsible for theft of the Vehicle or damages resulting from the theft of the Vehicle if Renter or Authorized Driver(s) fails to exercise ordinary care of the Vehicle during the rental period.

Renter’s own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Renter’s financial responsibility for the Vehicle. Renter should check with Renter’s insurance company, or credit card issuer, to find out about Renter’s coverage and the amount of the deductible, if any, for which Renter may be liable. If Renter has a credit card that provides coverage for Renter’s potential liability, Renter should check with the issuer to determine if Renter must first exhaust the coverage limits of the credit card coverage before the optional damage waiver applies. Owner will not hold Renter responsible if Owner offers and Renter purchases damage waiver. Damage waiver will not protect against:

a. Damage or loss results from an Authorized Driver’s:

1. Intentional, willful, wanton, or reckless conduct,

2. Operation of the vehicle under the influence of drugs or alcohol in violation of Florida State Law,

3. Towing or pushing anything, or

4. Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

b. Damage or loss occurs while the vehicle is:

1. Used for commercial hire,

2. Used in connection with conduct that could be properly charged as a felony,

3. Involved in a speed test or contest or in driver training activity,

4. Operated by a person other than an authorized driver, or

5. Operated outside of the United States unless authorized on the Rental Agreement Summary.

c. Any Authorized Driver(s) that has:

1. Provided fraudulent information to the rental company, or

2. Provided false information and the rental company would not have rented the Vehicle if it had instead received true information.

3. The cost of optional damage waiver is $23.00 to $500.00 for every rental day, depending on the vehicle rented.

17. Optional Supplemental Liability Protection.

THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.

THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE SLP POLICY. UPON REQUEST, THE SLP POLICY IS AVAILABLE FOR REVIEW. SLP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.

SLP Benefits:

Optional Supplemental Liability Protection (SLP) provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (SLP charge as shown on the Rental Agreement only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the financial responsibility limits referenced above and $1,000,000 Combined Single Limit per accident. SLP will respond to third party accident claims that result from bodily injury or property damage that arise from the use or operation of Vehicle as permitted in this Agreement. The policy does not provide coverage for any loss arising from activities in Mexico. SLP is available for an additional charge as stipulated on the Rental Agreement Summary.

SLP Exclusions:

For all exclusions, see the SLP policy. Here are a few key exclusions:

(a) Loss arising out of an accident which occurs while Renter or AAD(s) is under the influence of alcohol or drugs, or other substances unless prescribed by a physician;

(b) Bodily injury, death or property damage sustained by Renter or AAD(s) or any relative or family member of Renter or AAD(s) who resides in the same household as Renter or AAD(s);

(d) Liability arising out of or benefits payable under any uninsured or underinsured motorist law;

(e) Liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault or any similar law to the foregoing, in any state;

(f) Bodily injury, death or property damage to any employee of Renter or AAD(s) who is injured while outside the scope of his/her employment and is not acting within the course and scope of his/her employment, and to the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by Renter or AAD(s);

(g) Property damage to property that is owned by, rented to, or in the custody or control of Renter or AAD(s);

(h) Damage to Vehicle;

(i) Liability arising out of the use of Vehicle, which was obtained based on false, misleading or fraudulent information provided by Renter or AAD(s);

(j) Liability arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of the Agreement.”

18. Optional Personal Accident Insurance/Personal Effects Coverage.

(PAI/PEC. PURCHASE OF PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (PAI/PEC) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE.

THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI & PEC POLICIES.

UPON REQUEST, A COPY OF THE PAI & PEC POLICIES WILL BE AVAILABLE FOR REVIEW.

PAI & PEC MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HEALTH INSURANCE PLAN, HOMEOWNER’S OR TENANT’S POLICY OR SOME OTHER SOURCE.

BENEFITS AVAILABLE UNDER THE PAI & PEC, HOWEVER, WILL BE PAID IN ADDITION TO BENEFITS FROM ANY OTHER SOURCE. EMPLOYEES, AGENTS, OR ENDORSEES OF THE VEHICLE OWNER (AS DEFINED IN THE AGREEMENT) ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S INSURANCE.

PAI provides the renter and renter’s passengers with accidental death, accident medical expenses, and ambulance expense benefits.

PEC insures the personal effects of the renter’s immediate family who permanently resides in the renter’s household and who is traveling with the renter against risks of loss or damage while in transit or in a building (excluding the renter’s personal residence) or locked in the vehicle.

PAI & PEC are available for an additional charge as stipulated on the Rental Agreement Summary of the Agreement signed by the renter.

PAI Benefits: Renter Passenger

Accidental Death, Not to exceed $250,000 $125,000

Accident Medical Expenses, Not to exceed $2,500 $2,500

Accident Ambulance Expense, Not to exceed $250 $250

Accident Aggregate, not to exceed $500,000 per accident.

The above PAI benefits for the renter apply to accidents during the rental period whether or not the renter is in the vehicle. Passengers are covered only for accidents occurring while in the vehicle. Anyone other than the renter occupying or operating the vehicle shall be considered a “passenger” for the purposes of PAI benefits.

PEC benefits are $650 per person, with a $1,950 maximum coverage for all covered individuals during the rental period. PEC benefits apply to personal effects belonging to the renter, or the renter’s immediate family who permanently resides in the renter’s household and who is traveling with the renter, against risks of loss or damage while in transit or in a building (excluding the renter’s personal residence) or locked in the vehicle.

PAI & PEC have exclusions. PAI shall not cover any death or injury caused wholly or partly, directly or indirectly, by suicide, attempted suicide, or self-inflicted injury; aircraft travel, except as a passenger on a regularly scheduled flight; committing or attempting to commit a criminal offense; an accident that occurs while under the influence of alcohol or drugs not administered by a physician; an accident that occurs while participating in a prearranged or organized race or testing of a vehicle; war or any act of war; or engagement in any conduct that constitutes a violation of the law. The policy does not cover loss by mysterious disappearance. All losses by theft must be reported to the appropriate law enforcement agency or they will not be covered.

PEC shall not cover automobiles, automobile equipment, motorcycles, watercraft, motors, or other conveyances or their appurtenances, furniture, currency, coins, stamps, tickets, securities, documents, contact lenses, artificial teeth and limbs, perishables, and animals. Loss or damage to property while actually being worked upon, or property owned by the renter or the renter’s immediate family and carried in any vehicle, or property received or held by the renter or any other person as bailee, or property rented to or in the custody of the renter or any other person, or loss or damage occurring while the personal effects are in the custody or control of any common carrier are also not covered.

THE POLICY DOES NOT COVER LOSS BY MYSTERIOUS DISAPPEARANCE. ALL LOSSES BY THEFT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR THEY WILL NOT BE COVERED.

19. Roadside Assistance Protection.

When deciding whether or not to purchase ROADSIDE ASSISTANCE PROTECTION (RAP), you may wish to check to determine whether your personal automobile insurance policy or credit card agreement provides coverage or protection for such services. ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE ASSISTANCE PROTECTION IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.

The Renter may purchase RAP from Owner for an additional fee. If Renter purchases RAP, Owner agrees to continue to collect from Renter for the following services: (i) flat tire replacement (if no inflated spare is available, Vehicle will be towed) and the cost of a replacement tire, (ii) lockout service (if keys are locked inside Vehicle), (iii) Vehicle jumpstart, and (iv) fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel. RAP does not cover any expenses incurred in Mexico.

20. Telematics Notice and Release.

Vehicle may be equipped with Zubie and Airtag or another vehicle telematics system (Telematics System). Some or all Telematics System features 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 may transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter. Unless prohibited by law, Renter authorizes any person’s use of the Telematics System data, including but not limited to: (i) location information, (ii) automatic crash notification to any person for use in the operation of an automatic crash notification system, (iii) ability to disable Vehicle and (iv) mileage, diagnostic and performance reporting of Vehicle.

Renter shall inform any and all Authorized Additional Drivers (AAD(s)) and passengers of the terms of this section and that Renter has authorized access as provided for 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 the Telematics System and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter 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.

The use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics System provider and, in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities.

By signing this Agreement, Renter authorizes the provision of Telematics System 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.

21. Headings.

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.

22. Release of Information to Third Parties.

Renter agrees Owner may, and Renter expressly authorizes Owner, to provide information in Owner’s possession including but not limited to such driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information to applicable third parties, in connection with this Agreement including, without limitation, providing Renter’s personal data to third parties which conduct services on Owner’s behalf (such as customer satisfaction surveys) and consent to Owner or Owner’s representatives contacting Renter.

23. Choice of Law.

All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the State where this Agreement is executed without giving effect to the conflict of laws provisions of such State.

24. Mandatory Arbitration Agreement:

RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THIS AGREEMENT. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISING, OR ANY OTHER COMMUNICATIONS TO RENTER. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION WILL BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATION, AND THAT NO ARBITRATOR OR ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.

This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); all claims during or after the termination of the Rental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. The parties also agree that claims involving the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be determined only by a court of competent jurisdiction.

(1) Arbitrator’s Authority: The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator may not consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, or formation of this agreement, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed and enforced in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and not in any representative capacity.

(2) Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees if the claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, including attorneys’ fees, expert witness fees, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.

(3) Governing Law and Enforcement: The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration. This Arbitration Agreement is made in compliance with the laws in all states; however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Agreement remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

25. General Terms:

Vehicles are not allowed to be driven outside the State of Florida. Vehicles taken outside of Florida shall incur a $2000.00 out of state fee or 0.99 cents per mile.

Florida residents or Florida driver license holders have mileage restrictions as stated in rental transactions documents.

Renter is aware and acknowledges that by renting any car in any circumstance inside AZ CAR RENTAL operation, renter and anybody that operates any CAR provided by AZ CAR RENTAL agree to the content on the following link: http://www.azcarental.com/terms-and-conditions.html.

In the event of an accident or damage to the vehicle, a Police Report must be obtained to process claims and to validate Collision Damage Waiver (CDW) or any other product purchased. AZ CAR RENTAL is authorized to charge a deductible of U$3000,00 as a minimum damage fee at return, subject to final audit. Renters also acknowledge that the rental agreement may be voided if any terms or conditions are not followed by the renter or anyone operating the vehicle. Renter is aware that CDW can be voided in the case of a non-accident or other circumstance that is not an accident. In this situation, the renter is aware and acknowledges that he/she is fully responsible for any damage caused by this situation.

NO AUTHORIZATION FOR MECHANICAL OR COLLISION REPAIR TO VEHICLE.

The Collision Damage Waiver does not cover cigarette burn, glass/windshield damage, tires, hubcaps, heavily soiled or damaged seats or carpets, lost or damaged and other intentional acts.

Vehicles returned excessively dirty and/or with a cigarette or other noxious smell as determined by AZ CAR RENTAL will incur up to U$350.00 service clean will incur a U$150,00 charge.

The customer is aware that the Security Deposit may take 30 days for a full refund.

The vehicle shall not be operated by anyone except the renter and additional authorized drivers who have signed rental documents. A penalty of U$250,00 shall be charged for any unauthorized drivers.

Parking/Traffic Citations/Violations must be paid prior to or at vehicle return. If you elect to have AZ CAR RENTAL pay parking/traffic citations/violations on your behalf, assessed fines will be paid with a U$50 convenience fee charged for each citation/violation.

Services call related to a dead battery, lost, damaged or locked keys, or damaged/flats tires or due operator and not mechanical failure, are subject to a minimum charge.

The customer is aware that in any case of disrespect of company policies, including good behavior and respect to AZ CAR RENTAL employees, may cause termination of any amount to be refunded.

AZ CAR RENTAL is not responsible for any item left in the vehicle, premises, or facilities.

Inspecting the vehicle interior/exterior and taking possession acknowledges and accepts the existing vehicle conditions.

By renting a car, the customer will acknowledge the above and authorize AZ CAR RENTAL to charge his credit/debit card for any applicable additional charge.

• The customer is aware that the Security Deposit may take 30 days for a full refund.

• The vehicle shall not be operated by anyone except Rent and Additional Authorized Drivers who have signed rental documents. A penalty of U$250.00 shall be charged for unauthorized drivers.

• Parking/Traffic Citations/Violations must be paid prior to or at vehicle return. If you elect to pay parking/traffic citations/violations on your own, assessed fines will be paid with a U$50 convenience fee charged for each citation/violation.

• Service calls related to a dead battery, lost, damaged, or locked keys, or damaged/flat tires caused by the operator and not mechanical failure are subject to a minimum charge.

• The customer is aware that in any case of disrespecting the company policies, including good behavior and respect to AZ CAR RENTAL employees, the contract may be terminated without any refund.

• AZ CAR RENTAL is not responsible for any item left in the vehicle, premises, or facilities.

• Inspecting the vehicle interior/exterior and taking possession acknowledges and accepts the existing vehicle conditions.

• By renting a car, the customer acknowledges the above and authorizes AZ CAR RENTAL to charge their credit/debit card for any applicable additional charges.

• The customer is aware that in case of any involvement with crime or illegality, AZ CAR RENTAL will terminate the contract without any refund.

• By renting, the customer acknowledges the above and authorizes AZ CAR RENTAL and its affiliates to charge any amount derived from the car rental agreement herein, including all damage to the vehicle or loss of use of the vehicle regardless of fault, that might occur to the rental vehicle during the course of the rental per traffic light, tolls, or violations or any additional charges. The customer agrees to pay for this in accordance with the issuing bank cardholder agreement.

• The customer also understands and acknowledges that by declining the optional Collision Damage Waiver (CDW), they will be financially responsible for any damage or loss of use of the vehicle regardless of fault that might occur to the rental vehicle during the course of the rental period and also needs to provide their own protection approved, to be verified by AZ CAR RENTAL.

• The customer’s responsibility includes but is not limited to loss of use, cost of repair, towing and impound, storage, claims processing fee, diminished value, and/or any other costs solely determined by AZ CAR RENTAL and its affiliates to charge the customer’s credit card accordingly.

• The customer takes full responsibility for all AIRPORT PARKING TICKET (ORLANDO AIRPORT $19, MIAMI $25, TAMPA $17), PARKING TICKETS, TRAFFIC VIOLATIONS incurred while the vehicle is in their possession, and authorizes AZ CAR RENTAL and its affiliates to charge their credit card accordingly.

• By renting the car with AZ CAR RENTAL and denying the CDW, the Renter grants and appoints AZ CAR RENTAL and its affiliates limited Power of Attorney.

• A. To present insurance claims of any type to renter’s insurance carrier and/or credit card company if the vehicle is damaged, lost, or stolen during the rental period, and to collect any damages or liability claims against AZ CAR RENTAL arising from the rental transaction, in the event that the renter fails to defend, indemnify, and hold AZ harmless against such claims.

B. To endorse Renter’s name and entitle AZ CAR RENTAL to receive insurance, credit card, and/or debit card payments directly for any such claims, damages, losses, or liabilities arising from the rental agreement.

C. SEVERABILITY; if any provision of this agreement is determined to be unlawful, contrary to public policy, void, or unenforceable, all remaining provisions shall remain in effect.

26. Customer Privacy.

The information you provide to Owner is stored and used in accordance with Owner’s privacy policy, which is available at www.azcarental.com amended from time to time and wich is incorporated herein by reference. Questions regarding privacy should be redirected to: info@azcarental.com or claims@azcarental.com

MANAGE BOOKING

Terms and Conditions.

Know AZ Car Rental