This is an agreement which sets forth the terms and conditions of an automobile rental. A template with deposit charges and rental charges is included for the benefit of both the renter and the company. This agreement contains numerous standard clauses and includes provisions regarding authorized drivers, mileage, costs, rights of the renter, collision damage, theft protection, indemnity, and return of vehicle. It may be customized to address the specific needs of the company. This document should be utilized by car rental companies.
This is an agreement which sets forth the terms and conditions of an automobile rental. A template with deposit charges and rental charges is included for the benefit of both the renter and the company. This agreement contains numerous standard clauses and includes provisions regarding authorized drivers, mileage, costs, rights of the renter, collision damage, theft protection, indemnity, and return of vehicle. It may be customized to address the specific needs of the company. This document should be utilized by car rental companies. The _________ Corporation Automobile Rental Agreement APPLICANT INFORMATION Name: Date of Birth: SSN: Phone: ( ) - Current Address: City: State: ZIP Code: Automobile Rental Agreement No: License No of Vehicle: Driver’s License No: State: Expiration Date: Automobile Make: Body Style Color: Rental By: Location of Rent: Date of Rental: Returned On: Time In: Time Out: Mileage In: Mileage Out: Miles Driven: © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 Automobile Rental Agreement ACCOUNT Deposit: $ Rental Charges: $ Miles at Per Mile $ Hours at Per Hour $ Days at Per Day $ Weeks at Per Week $ Total Rental Charges $ Damages: $ Collision Protection: $ Total Charges $ Refund Gas: $ Refund Repairs: $ Net Amount Due $ Computed by: _______________________________________ Date: ___________________________________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 AUTOMOBILE RENTAL AGREEMENT TERMS AND CONDITIONS: These Rental Terms and Conditions form an integral part of the Rental Agreement (“Agreement”) executed by you with and ____________________ (hereafter referred to as “Rental Company”). By executing this Agreement you agree to rent the vehicle (“Vehicle”), on the terms and conditions stated below and pay all fees and charges due under the Agreement, even if you did not specifically authorize the charges. The term Renter, wherever used in these terms and conditions, also refers to any additional Authorized Driver. All Authorized Drivers are jointly and severally liable for the obligations under the Agreement. Definitions “Authorized Driver” means: an additional driver who signs an Additional Drivers Form or the Rental Agreement; In case the Renter is an individual, spouse of the Renter; or Your employer or a fellow employee, if either is required by you to drive the Vehicle in the course of discharge of activities that are incidental to your business. “Rental Period” means the period commencing on the date shown on the Agreement and ending on the date and time that you return the Vehicle to Rental Company; “Vehicle” means the Vehicle described in the Agreement that has been rented or agreed to be rented by you (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Rental Company; “Renter” refers to the person(s) with whom the Agreement is made. 1. Vehicle Condition and Accessories 1.1 Renter has received and accepted the Vehicle in good order and condition. 1.2 Renter will return the same together with tires, tools, car documents, accessories and equipment in the same condition (with the exception of ordinary wear and tear). 2. Return of Vehicle 2.1 Renter agrees to return the Vehicle to the location specified in the Agreement unless Renter requests and Rental Company agrees to an extension, or sooner upon demand of Rental Company. © Copyright 2013 Docstoc Inc. 4 3. Authorized Drivers 3.1 The Vehicle may be driven only by the Renter or an Authorized Driver. 3.2 All Authorized Drivers warrant that they, and in the event an Authorized Driver has not executed the Rental Agreement, the Renter hereby warrants that each of the Authorized Driver(s), satisfy the age requirements, have a valid driver's license and fulfill our other qualifications mentioned in these terms and conditions. 4. Eligibility Criteria 4.1 The minimum age of the Renter and/ or, as the case may be, any Authorized Driver must be _____ years. 4.2 The Renter must carry a valid driver’s license, held for at least ___ ( ) years, or another form of identification that may be acceptable to Rental Company. 4.3 The Renter must possess a valid credit card issued by national/international bank approved by Rental Company. 4.4 The minimum period of rental is one (1) day which is defined as a 24 hour period from the time the rental starts. 4.5 In consideration of Rental Company renting the Vehicle to the Renter, the Renter hereby unconditionally and irrevocably authorizes Rental Company to debit his/her credit card, for such an amount as is sufficient to cover the rental and other charges for the period for which the Vehicle has been rented plus an additional amount equivalent to [Enter any additional charges that Rental Company may add to the deposit] charged by Rental Company as may be prescribed by Rental Company from time to time to cover additional costs, charges and other expenses that the Renter may be liable to pay pursuant to the Rental Agreement. 4.6 Renter must supply Rental Company with evidence of a valid liability insurance policy, from an insurance company approved by Rental Company, which provides coverage to Renter and an Authorized Driver if applicable, for its use of the Vehicle during the Rental Period and for a period of time of ________ weeks/months from the date the Rental Period commences. 5. Prohibited Uses of the Vehicle 5.1 Neither you nor any Authorized Driver may: A. Permit the use of the Vehicle by anyone other than you or an Authorized Driver. B. Engage in any willful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use seat belts, leaving the car and failing to remove the keys, or failing to close and lock all doors, car windows or the trunk. C. Intentionally destroy, damage or aid in the theft of the Vehicle. © Copyright 2013 Docstoc Inc. 5 D. Use or permit the use of the Vehicle by anyone: i) While legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person's ability to drive safely; ii) For any purpose that could be charged as a crime, such as the illegal transportation of persons or drugs; iii) For transporting commercial goods, farm animals, or hazardous materials, explosives, biologically active materials that are hazardous to human health or radioactive material; iv) To tow or push anything; v) In a speed test, speed contest, race, rally, speed endurance contest or demonstration; vi) In driver training activity; vii) Outside the territories or geographic region or as agreed between the Renter and Rental Company; viii) To carry persons or property for hire (i.e. for a charge or fee); ix) To carry more passengers than may be properly accommodated by the seat belt restraints in the Vehicle or carry a load greater than for which it was built; x) To carry more passengers than may be permitted by the manufacturer of the Vehicle; xi) If the Vehicle is after taking delivery thereof, turns out to be damaged or unsafe; xii) If the car has been obtained from Rental Company by fraud or misrepresentation. 6. Obligations of the Renter/ Authorized Driver 6.1 The Renter and/or, as the case may be, any Authorized Driver shall be held legally responsible for any charges and/or litigation resulting from his/her use of the Vehicle. 6.2 The Renter shall return the Vehicle to the renting location on the date and time agreed to at the time of taking the rental, or sooner if so requested by Rental Company, in the same condition as when the Renter received it. If the Renter fails to return the Vehicle, at the date, time and location agreed to at the time of taking the rental, Rental Company reserves the right to notify law enforcement authorities that the Vehicle is stolen or missing. Renter is responsible for the Vehicle until Rental Company has inspected and accepted it, including any Vehicle returned at a time and location other than required by the Rental Agreement. © Copyright 2013 Docstoc Inc. 6 6.3 If any damage or mechanical failure occurs to the Vehicle during the Rental Period, Renter shall immediately inform Rental Company and then follow instructions given by Rental Company. 6.4 Cost of fuel/gasoline is the responsibility of the Renter and is not included in the rental rates. The Vehicle will be supplied with a full tank of fuel (unless otherwise noted in the Agreement), and is to be returned with a full tank of fuel. In the event that the Vehicle is returned with less fuel than at the time of rental, Rental Company may charge ______ ($______) Dollars per gallon plus service charges to the Renter. 6.5 All taxes, permit fees and any other levies will be paid for by the Renters. 7. Rights of the Renter 7.1 Collision Damage Waiver. A. The Renter can, at the time of executing the Agreement, purchase from Rental Company a Collision Damage Waiver (“CDW”) which is designed for accidental damage caused to any Vehicle other than by theft or attempted theft and includes the cost of repairing or replacing the Vehicle, towing, storage charges, loss of use and administrative costs. B. If the Vehicle is damaged during the Rental Period and while in the possession of Renter or any Authorized Renter, and there is no CDW cover, the Renter will be responsible for the cost of repair of damages up to the replacement value of the Vehicle. In the event the Renter has purchased a CDW from Rental Company, the Renter's liability for such costs shall be limited to the applicable deductible as agreed between the Renter and Rental Company. C. It is hereby clarified that the CDW does not cover cases of tire and wheel damage, punctures, lost wheel damage, punctures, lost wheel trims, missing fuel caps, broken aerials, loss of any parts, tools, radio, lenses, screens, mirrors, interior damage and cases of driving under the influence of alcohol or any kind of narcotic drugs. The CDW further does not offer any protection to the Renter where the Renter or, as the case may be, any Authorized Driver has violated any of the terms or conditions of the Agreement during the Rental Period. 7.2 Theft Protection. A. The Renter can, at the time of executing the Rental Agreement, purchase from Rental Company a Theft Protection (“TP”) which provides cover for the theft or attempted theft of the Vehicle up to the full value of the Vehicle and any additional costs. [If applicable] B. If the Vehicle is stolen during the Rental Period, whether in the possession of the Renter or an Authorized Driver and there is no TP coverage, the Renter will be responsible for the cost of replacement of the Vehicle. However, in the event the Renter has purchased TP from Rental Company, the Renter's liability for such costs shall be limited to the applicable deductible as agreed between the Renter and Rental Company in the Agreement. © Copyright 2013 Docstoc Inc. 7 C. The TP does not offer any protection to the Renter where the Renter or an Authorized Driver has violated any of the terms and conditions of the Rental Agreement while using the Vehicle. D. The Renter may at the time of executing the Rental Agreement also purchase a Personal Accident Insurance (if any) from Rental Company. [Optional] 8. Accident or Theft of the Vehicle 8.1 The Renter or an Authorized Driver shall not remove and shall not permit the Vehicle to be removed from the place of any accident until a police report has been completed and Rental Company has been notified. 8.2 In case of any accident or theft, regardless whether the accident occurs while the Vehicle is being driven or parked, the Renter an Authorized Driver must immediately contact the nearest law enforcement office and file a police report. 8.3 If the Renter or an Authorized Driver does not report any accident or theft to a local law enforcement office, the Renter shall lose any protection under the CDW, TP or Personal Accident Insurance, if any. 8.4 In the event of an accident or theft, Renter or an Authorized Driver shall cooperate with Rental Company in the settlement and/or prosecution of any claim or action. 8.5 Renter shall in the event of an accident or theft: A. Obtain the names and addresses of parties involved, and of witnesses; B. No admit liability or guilt or give money to any person or persons involved; C. Not abandon the Vehicle without adequate provision for safeguarding and securing same; D. Notify the nearest Rental Company station by telephone, or call the telephone number listed on the Agreement, even in case of slight damage; and complete Rental Company's incident report within 24 hours; 9. Liability of the Renter 9.1 Renter shall be liable to pay all fines and court costs for tolls parking, traffic or other violations assessed against the Vehicle, Renter, other an Authorized Driver during the Rental Period. 9.2 Rental shall be liable for all Rental Company's costs, including reasonable legal fees as permitted by law, incurred in collecting and/or recovering payments due from the Renter. © Copyright 2013 Docstoc Inc. 8 9.3 Renter shall be liable for all Rental Company’s costs of repairing the Vehicle, plus loss of revenue at the daily rate shown in Rental Agreement (based on Rental Company's loss of use of the Vehicle) not otherwise covered by any provision in this Agreement. 9.4 Renter shall be liable for Rental Company’s cost of replacing the Vehicle in the event that the damage caused to the Vehicle renders it, in the opinion of Rental Company, un-economical to repair or unsafe or in the case of theft, save and except where the Renter has purchased from Rental Company, a Collision Waiver Damage or a Theft Protection coverage as stated in this Agreement; 9.5 Renter shall be liable for an amount equivalent to diminution of value of the Vehicle as a result of any accident or theft that the Vehicle may have been involved in during the Rental Period. 9.6 Notwithstanding anything to the contrary contained in the Agreement or in these, the Renter shall be responsible and liable for payment of: A. The excess shown on the Rental Agreement if there is damage to or loss of the Vehicle or if there is damage to the property of any third party; B. The cost of repairing any tire damage not attributable to normal wear and tear; C. The cost of repairing any and all damage caused deliberately, recklessly or otherwise by the Renter, or an Authorized Driver of the Vehicle, or any passengers carried during the Rental period. D. The cost of repairing any water damage to the Vehicle. E. The cost of repairing any undercarriage damage to the Vehicle. F. The cost of repairing any other damage of caused to the Vehicle during the Rental Period. G. The cost of any off-road damages (e.g. beach, field, etc.); theft of the car or any part of it; to any consequence caused by giving or allowing the Vehicle to be driven by person other than the Renter or an Authorized Driver. 10. Indemnity 10.1 Renter hereby releases and indemnifies Rental Company from and against any liability for loss or for damage to the property (including costs relating thereto) left, stored or transported by Renter or any other person in or upon the Vehicle before return of the Vehicle to Rental Company. 10.2 Renter shall indemnify, defend and hold harmless Rental Company and its officers, directors, employees, agents and other representatives from and against all damages, losses and causes of action including without limitation damages to property or bodily injury, to the extent caused by: © Copyright 2013 Docstoc Inc. 9 A. Its breach of any terms and conditions of the Rental Agreement and these terms and conditions; or B. Its negligence or willful acts; or C. Its non-compliance or breach of any applicable law, rule or regulation; or D. Any bodily injury to or death of any person (whether employee, personnel or guest of Rental Company or the Renter, or any third party) due to any accident caused by, or negligence of, the Renter or an Authorized Driver. 11. Return of Vehicle 11.1 The Renter must return the Vehicle to Rental Company at the place, on the date and by the time shown on the Rental Agreement and in the same condition as it was at the commencement of the Rental Period, reasonable wear and tear excepted. 11.2 If the Renter returns the Vehicle to a location other than that shown on the Rental Agreement, Rental Company shall levy an “unauthorized drop fee” of up to_________ ($______) Dollars per mile from the authorized drop location. 11.3 The Renter must return the Vehicle to a Rental Company location during normal business hours. If the Renter returns the Vehicle later than the time shown on the Rental Agreement, the Renter must pay _______________ ($_____________) Dollars [If applicable]. 11.4 Rental Company may request the immediate return of the Vehicle, or Rental Company may re-take the possession of the Vehicle without notice, if Rental Company reasonably suspects that: A. The Renter has breached any term or condition of the Rental Agreement including payment of any charges; B. Damage to the Vehicle, or injury to persons or property is likely to occur. Furthermore the Renter must also pay Rental Company any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle. 12. Miscellaneous 12.1 Rental Company shall under no circumstances be liable for any loss or damage to any of you or your passenger's personal property or valuables left, stored or transported in or on the Vehicle. 12.2 If it is the Renter's intention to pay by credit card or charge card, then Renter's signature on the Agreement constitutes authority for Rental Company to compute and debit the final total charges due as a result of theft of, or damage to the Vehicle, against Renter's account with the specified card issuing organization. © Copyright 2013 Docstoc Inc. 10 12.3 Rental Company reserves the right to refuse to rent its vehicles to any person or entity that does not meet its rental criteria. 12.4 That any addition or alteration to these terms and conditions shall be null and void unless agreed upon in writing by the parties. 12.5 This Agreement shall be governed by and interpreted in accordance with the laws of the State of ________without regard to conflict of laws. Each of the parties in any suit, action or proceeding arising out of or relating to this Agreement, irrevocably (i) submits to the jurisdiction of the State Courts of the State of _______ and the United States District Court for the district of ______________over any suit, action or proceeding arising out of or relating to this Agreement, (ii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above venue of any such suit, action or proceeding and any claim that any such suit, action or proceeding brought in such Court has been brought in an inconvenient forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above mentioned Court having jurisdiction of the parties hereto and to the subject matter of this Agreement, and (iv) acknowledges that a final judgment in any such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be conclusive and binding upon it. In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. I hereby unconditionally agree to and accept the terms and conditions mentioned herein. Renter: [Insert name] __________________________[Signature} [INSTRUCTION: THIS AGREEMENT DOES NOT INCLUDE ANY PROVISIONS FOR ANY INSURANCE COVERAGE, COLLISION DAMAGE WAIVER, ETC.] © Copyright 2013 Docstoc Inc. 11
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