Renter agrees by Renter’s signature on the Rental Agreement Summary (the “Summary”), or by clicking the “I Accept” button at a rental kiosk, or via an internet rental, or via online check-in that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained in the Summary and these Additional Terms and Conditions (collectively the “Contract”), for the Rental Period. In the event that Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing Renter, though subsequent agreements are not executed by Renter, Renter acknowledges and agrees that the terms and conditions in this Contract will govern for the period ending when Renter executes a subsequent rental agreement. Renter agrees that electronic signatures have the same force and effect as manual signatures. Renter expressly acknowledges that Renter and Owner are the only parties to the Contract, 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 the agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. The Contract 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.
- Definitions: For the purposes of the Contract the following terms are specifically defined:
- “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted by Owner to operate This includes individuals identified on the Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
- “Optional Accessories” means but is not limited to optional child seats, non-pre-Installed global positioning systems and similar products and services, ski racks, toll transponders and/or other products accepted by
- “Owner” for the purposes of the Contract means “the Limited Liability Company” shown on the
- “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
- “Renter” means the person, or entity identified on the Summary as “RENTER”.
- “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s), inclusive of vehicle as equipped and furnished by the manufacturer and any equipment added by
Ownership/Vehicle Condition/Warranty 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 agrees Renter received 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 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 or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.
3. Payment by Renter.
NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THE SUMMARY.
- For items designated as either “/hour”, “/day”, “/week” or “/month” on the Summary:
(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental. (2) If “day = 24 hour 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 hour days beginning at the start time of the rental. (5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental. (6) Unless expressly modified on the Summary, all charges are for a minimum of 1 day.
- Renter shall pay Owner, its affiliates or agents amounts as set forth on the Summary for:
- The hour, day, week and month charges on the Summary for the Rental Period. The “/hour” charge if shown on the Summary shall apply to each full or partial hour in excess of a The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Address on the Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
- The mileage charge per mile for all miles exceeding any free miles set forth on the Summary permitted for the Rental
- The Optional Accessories, services and/or products charges for those items accepted by Renter for the Rental Period set forth on the
- The fuel charge at the rate shown on the Rental Agreement If the fuel charge is based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level. The difference in fuel level will be calculated based on the difference shown on the fuel gauge (rounded to the nearest 1/8th) between rental date and return date or as determined by a pre-installed Telematics Device in the Vehicle. 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 not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it or for any unused fuel. The fuel charge is not a retail sale of fuel.
- The one way fee (for returning to a predetermined location other than the Branch Address on the Summary), fees for AAD(s) and/or fees based on Renter or AAD(s)
- The other fees and charges (none of which are taxes) including but not limited to:
- Any airport Consolidated Facility Charge, Customer Facility Charge or similarly designated 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 the consolidated rental car facility, other airport facilities, and/or transportation related facilities, and/or any other permissible use of the CFC under relevant federal, state or municipal laws, ordinances, or regulations, and/or relevant agreements, and
- The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge (CONC REC) which is Owner’s charge to recover the concession fees paid by Owner to an airport’s owner or operator in connection with this rental; and
- 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 Summary; and
- 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 to title, register and plate all vehicles in its/their rental fleet within the state in which the rental originates. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.
- Additional Obligations of Renter – Unless prohibited by law Renter shall pay Owner, its affiliates or agents:
- If Renter returns Vehicle 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: a) $300.00; 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
- For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent CDW, as described in paragraph 17, or RAP, as described in paragraph 20, do not
- A fee to clean Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors or other
- 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). Without advance notice, Renter agrees to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party, and that such amounts, plus Processing Fees, may be collected from Renter by Owner, its affiliates or a third Renter agrees that such collection is not a transfer of liability where prohibited. Renter agrees that such payment may prejudice, waive, and relinquish (and Renter agrees to waive and relinquish) Renter’s ability and right to contest Fines, Tolls and Violations and/or any legal violation underlying same (Violative Action) with the applicable authority. Owner, its affiliates or a third party may assess a fee of up to $35 per each of the Fines, Tolls and Violations (Processing Fees) to apply towards all costs incurred in connection with the Fines, Tolls and Violations and their administration.
- 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
- All expenses incurred by Owner in the collection of amounts due Owner under the Contract or in regaining possession of Vehicle or in enforcing any term or condition, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by
- A fee to recharge an electric Vehicle (Battery Electric or Plug In Hybrid Electric) if Vehicle is returned with less charge than when
- The taxes, fees and other mandatory charges imposed by states, counties and other governmental
- RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER AND PROVIDE TO ANY THIRD PARTY, WITHOUT NOTICE TO RENTER, RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO PROCESS PAYMENT FOR, ENABLE THE COLLECTION OF, OR TRANSFER LIABILITY FOR ALL AMOUNTS RENTER IS OBLIGATED TO PAY UNDER THIS PARAGRAPH C, INCLUDING, WITHOUT LIMITATION, TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD, AND ANY FINES, TOLLS, VIOLATIONS, PROCESSING FEES, OR ANY VIOLATIVE ACTION.
- Obligation of Renter to Third Parties: Renter agrees Owner may provide Renter’s information to applicable authorities to transfer liability for all fines, penalties, fees and costs for legal violations, parking, tolls, towing and storage including, without limitations, any tollway, parking and/or traffic violations incurred by Owner against Vehicle, driver or Owner occurring during the
Rental Period, unless caused solely by Owner. Owner may charge an administrative fee of up to
$25 per incident for processing payment for any of the fines, costs or attorney fees set forth above or for transferring the liability.
- Agreements and acknowledgements regarding payment cards –
(1) IF A CREDIT CARD OR DEBIT CARD IS PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER The Contract INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF OWNER INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES OWNER TO
RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.
- The authorization or deposit amount on the Summary will be taken by Owner as an authorization or sale. Such funds will not be available for use by Renter until after Vehicle is returned. One or more incremental authorizations and/or deposits may be taken during the Rental Period if Renter incurs additional
- Renter acknowledges final amounts charged to Renter’s card may exceed amounts shown on the Summary, if Renter incurs charges not included in such
f. Owner reserves the right, in its sole discretion, to set off or deduct from any amounts owed from Owner to Renter under the Contract any amounts owed from Renter to Owner under the Contract. Owner will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to Owner within 20 business days after Owner has confirmed the full extent of such obligations. Where applicable for payments made by cash, check or money order, any such excess will be refunded by check.
All amounts are subject to final audit by Owner.
4. Prohibited Use and Termination of Right to Use.
- Renter agrees to the following limits on use:
- Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written
- Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training or
- 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:
- 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 and/or operated; and
- Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or
- Vehicle shall not be used for: any illegal purposes; in any illegal, fraudulent, or reckless manner; in a race or speed contest; or to tow or push
- Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger
- Renter shall not remove any seats from
- Vehicle shall not be driven by any person impaired by or under the influence of narcotics, alcohol, intoxicants, or drugs, used with or without a
- 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.
- Vehicle shall not be driven on an unpaved road or off-road.
- 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
- Renter shall not transfer or assign the Contract and/or sublease
- Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or
- Vehicle shall not be used for testing Vehicle’s technological components or
- Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Summary or on Owner’s demand and in same condition as received, ordinary wear and tear Extensions to Rental Period are at Owner’s option.
- In the event of any violation of the limits on use or any other provision of the Contract, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by 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.
- 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
- Roadside Assistance. For roadside assistance call 1-800-255-3987 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
- 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 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 or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter, AAD(s) and all other parties seeking benefits pursuant to this rental contract shall cooperate fully with Owner and its representatives. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. Cooperation shall Include, but not be limited to, consent to: (i) examinations under oath at Owner’s or Owner’s representatives’ request and furnishing a signed statement of testimony. and; (ii) request for statements, written or oral, and/or other matters Owner or its representatives deems related to the adjustment of any claim, suit or proceeding. Vehicle may be equipped with an Event Data Recorder (EDR), infotainment system and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit or legal proceeding.
- Damage to, Loss, Modification or Theft of, Vehicle and Related Costs. Subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code, which limits the Renter’s liability for loss, modification, damage, or theft of the vehicle to the actual and reasonable costs to the Owner for the repair of the Vehicle, or fair market value of the Vehicle whichever is less, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory, including and without limitation tires and tools, occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or act of God. Under Section 6-305.2 of the Illinois Vehicle Code, the maximum amount the Owner may recover for loss or damage of the vehicle with an MSRP of less than $50,000 is $18,000 up until May 31, 2018. Thereafter, this amount is subject to an annual increase of $500 on June 1 of each year thereafter. The maximum recover for a motor vehicle with a Manufacturer’s Suggested Retail Price (MSRP) of more than $50,000 shall not exceed $40,000 on the effective date of this amendatory Act of the 99th General On October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $2,500 above the prior year’s maximum recovery. On October 1, 2020, and for each year thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $1,000 above the
prior year’s maximum recovery. Renter shall pay the Owner the amount necessary to repair the damaged vehicle, subject to the aforementioned limitations. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If the Owner determines the Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds, subject to the aforementioned limitations in Section 6-305.2. For purposes of the Contract, fair market value shall be the retail value of Vehicle immediately preceding the loss. Liability for theft of the Vehicle is limited to $2,000 except if the Renter or ADD(s) fails to exercise reasonable care while in possession of the Vehicle or the Renter or ADD(s) commits, aids or abets the theft of the vehicle, the Renter is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, subject to the aforementioned limitations set forth in Section 6-305.2. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages, subject to the aforementioned limitations in Section 6-305.2.
If Vehicle is returned during non-business hours or to any place other than Branch Address on the 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. If Optional Accessories are not returned Renter shall pay Owner the replacement cost of the Optional Accessories.
- Responsibility to Third Parties. Owner or its affiliate complies with applicable motor vehicle financial responsibility laws as an insured, self-insurer, bondholder, or cash Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law or the Contract, neither Owner or its affiliate extends any of its motor vehicle financial responsibility or provides insurance coverage to Renter, AAD(s), passengers or third parties through the Contract. If 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 state motor vehicle financial responsibility law, then Owner or its affiliate extends none of its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Contract and if Owner or its affiliate is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s or its affiliate’s obligation is limited to the applicable state minimum financial responsibility amounts. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. Unless required by law, Owner’s or its affiliate’s financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. Owner’s or affiliate’s financial responsibility does not provide coverage for nor extend to: 1. Punitive or exemplary damages (these include damages which may be imposed to punish a wrongdoer or deter others from similar conduct); 2. Fines; 3. Penalties; 4. Treble damages; or 5. Multiplied or multiple damages imposed upon any permissive operator. This punitive damage exclusion shall further apply to any claim for
uninsured or underinsured motorist coverages. There is no coverage for any costs, interest, or damages attributable to punitive or exemplary damages.
- Indemnification by 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 and/or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner or its affiliate(s) for all such losses.
- Personal Injury Protection and Uninsured/Underinsured Motorist Except as required by law, Owner or its affiliate do not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through the Contract. If Owner or its affiliate is required by law to 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/or UM/UIM limits in excess of the minimum limits required by law. Renter, AAD(s) and all other parties seeking benefits pursuant to this rental contract agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s representative and/or refusal to cooperate (including, but not limited to, the failure to provide statements or an examination under oath) with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD.
- Personal Owner is not responsible for any damage to, loss or theft of any personal property or data contained therein, whether the damage or theft occurs during or after 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, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and 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, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not 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, data or records 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 or left in Vehicle or on Owner’s premises.
- Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent, CDW, PAI/PEC and SLP do not apply to accidents or events that occur in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into
- Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under the Contract, 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 the Contract; 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 In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under the Contract; or the 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 Renter hereby grants and appoints to Owner a Limited Power of Attorney:
- To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if:
- Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
- 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, credit card and/or debit card payments directly for such claims, damages, liabilities or rental
- If any provision of the Contract is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
- Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under the Contract 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 Renter AND AAD(s) waive all claims for consequential, punitive, and incidental damages that might otherwise be available to Renter OR AAD(s). 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.
17. Personal Information; Owner’s Collection and Use of Vehicle Data; Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps.
- Customer Privacy: Renter understands and agrees to the collection, use, disclosure and storage of personal information by Owner for the purposes of: (i) providing assistance with reserving, renting, purchasing and leasing motor vehicles; (ii) providing roadside assistance, emergency and other services; (iii) providing information on Owner’s car sales, ride-sharing and fleet services; (iv) providing Renter by mail, email and other electronic messages with discounts, coupons, offers and information that may be of interest; (v) obtaining Renter’s feedback on satisfaction with Owner’s services by contacting Renter by e-mail, mobile phone or other phone number provided on the Rental Contract; (vi) compiling statistics and analysis about Renters’ use of Owner’s sites, products and services; (vii) and helping operate, maintain and improve systems and
- Telematics Data: Renter acknowledges that Vehicle may be equipped with pre-installed event data recorders, global positioning devices, OnStar® and other communications systems that may be connected to the Internet or cellular services, or other similar technology (“Telematics Devices”). Renter acknowledges and agrees to (1) the collection of data from Telematics Devices (“Telematics Data”) by Owner and, in certain instances, the Vehicle manufacturer and other authorized third parties, including vehicle location information, collision information, and vehicle information, such as vehicle operational condition, mileage, tire pressure, fuel status, and other diagnostic and performance information; and (2) the use and disclosure of Vehicle location data and other Telematics Data: (i) to generate vehicle usage, performance and other similar information, including to fulfill the Vehicle rental services; (ii) to provide Renter, AAD(s) or other passengers with roadside assistance, emergency and other services; (iii) to locate the Vehicle when the Vehicle is suspected to be lost, stolen or abandoned; or (iv) where required by Data may be used and stored by Owner after the expiration of the Contract.
- Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps:
- If Renter, AAD(s) or any passenger pairs a mobile device with the Vehicle’s navigation or infotainment systems and chooses to use OnStar, Apple CarPlay, Android Auto or other similar third party software or services on the Vehicle, personal information and other data may be transferred from the mobile device to and stored on these systems. Owner cannot guarantee the privacy or confidentiality of such information. It is Renter’s sole responsibility to delete all such personal information and other data from these systems before returning Vehicle to avoid subsequent occupants of Vehicle accessing this
Renter releases Owner from, any claim or cause of action which may arise from Renter’s use of these applications. Prior to returning the Vehicle, it is Renter’s responsibility to either remove the application or delete the Vehicle from the application.
- The headings of the numbered paragraphs of the Contract are for convenience only, are not part of the Contract and do not in any way limit, modify or amplify the terms and conditions of the Contract.
- Text & Call. By signing the Summary, Renter agrees to the Text & Call Terms and Conditions, and thereby provides express consent for Owner or Owner’s representative to contact Renter at the phone number(s) provided in connection with the Contract to deliver, or cause to be delivered, informational or transactional outreach, including customer surveys, via live, prerecorded, or autodialed calls or Renter’s consent to receiving these calls or texts is not a condition of any purchase or rental agreement.
- Choice of All terms and conditions of the Contract shall be interpreted, construed and enforced pursuant to the laws of the State where the Contract is executed by Renter without giving effect to the conflict of laws and/or provisions of such State.
- Rental Transactions Occurring Outside the City of Chicago. For those rental transactions and vehicle deliveries that occur outside of the City of Chicago, unless the renter expressly notifies the Owner otherwise, the renter represents and certifies that the vehicle will be primarily used (more than 50% of total aggregate time driven, parked and garaged) outside of the City of If the renter believes that the vehicle may be used primarily in the City of Chicago, the renter should request a Personal Property Lease Transaction Tax return from Owner to facilitate renter’s payment of the applicable tax. The Owner will assist the renter in filing out such return, if requested.
22. Dispute Resolution Provision – Mandatory Arbitration Agreement: RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO The CONTRACT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO OWNER’S PRODUCTS AND SERVICES, COMMUNICATIONS WITH RENTER, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “RENTER” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE CONTRACT, AND ANY OF RENTER’S AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “OWNER” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE
ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION
WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of the Rental Period. However, Renter and Owner agree that either Renter or Owner may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only and is not made part of a class action, private attorney general action or other representative or collective action. The Renter and Owner also agree that claims against or by a third-party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.
- Renter or Owner, as applicable, must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to Renter or Owner, as applicable. The Notice to Owner should be addressed to: 688 Greenbriar Ln Lake Forest, IL 60045 (“Notice Address”). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, Renter or Owner may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by the Contract. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or by Owner that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Renter and Owner with due consideration of their ability to travel and other pertinent circumstances. If Renter and Owner are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither Renter or Owner nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both Renter and Owner.
- Arbitrator’s Authority: The arbitrator is bound by the Contract, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Contract, including whether it is void. Renter and Owner agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the The arbitrator can award the same damages and relief as a court, but only in favor of an individual claimant, whether Renter or Owner.
- Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, ), but only up to the amount of filing fees Renter would incur 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, e.g., fees for attorneys, expert witnesses, 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 is frivolous. 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.
- Governing Law and Enforcement: Notwithstanding anything in paragraph 24, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16. This Dispute Resolution Provision was drafted 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 this Dispute Resolution Provision 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.
Owner is an affiliate of KARS WITH KARONA LLC., which owns all rights to KARS WITH KARONA names and marks. Additional Terms and Conditions updated 11/08/2022.