The Renter agrees to all terms on both sides of this Agreement.
1. VEHICLE:The vehicle, which includes tires, tools, equipment, accessories and vehicle documents, does not belong to Renter, but is delivered to Renter for rental purposes only and is in good operating condition.
THERE IS NO WARRANTY OF ANY KIND, EXPRESSOR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT.
2. VEHICLE RETURN: Renter will return the Vehicle in the same good condition to the place and on the due back time and date specified, or sooner upon demand.
3. RESPOSSESSION OF VEHICLE: The Vehicle may be repossessed, at Renter's cost and without notice, if it is not returned on the due back date, is illegally parked, used in violation of the law or of this Agreement, appears to be abandoned, or if Renter gave false or misleading information at time of rental.
4. AUTHORIZED DRIVERS: In addition to Renter, the Vehicle may be driven only with Thomas Car Rental’s permission by any Additional Driver who is named on the face of this Agreement; by a licensed driver who is a member of Renter's immediate family and permanently resides in Renter's household (including Renter's spouse) and who is twenty-five (25) or over; or by a licensed driver who is a business partner or fellow employee of Renter and is twenty-five (25) or over, where such driving is incidental to business duties; or by anyone else who may be designated as an authorized driver by applicable law. These are the only "Authorized Drivers" who may drive this Vehicle.
5. USE RESTRICTIONS: Vehicle will not be used or operated by anyone
A. Who intentionally or as a result of willful or wanton misconduct damages the Vehicle
B. While intoxicated or under the influence of any drugs.
C. While engaged in any speed contest or training activity.
D. Who obtains the Vehicle under false pretense i.e. with fraudulent and false information.
E. Who intentionally violates traffic laws or while committing or involved in a crime that could be charged as a felony.
F. To carry persons or property for hire or to push or tow anything.
G. Who is an unauthorized driver.
H. On other than regularly maintained roadways that have been sealed or paved.
I. Who falls to report theft, vandalism or any accident to Thomas Car Rental and the police authority within 24 hours.
J. Who allows another person, including any Authorized Driver, to come into possession of the Vehicle, or the keys of the Vehicle, and the Vehicle is not returned on the due back time and date.
K. To carry hazardous or explosive substances.
L. To transport a weight which is in excess of the maximum capacity for the Vehicle.
M. Who does not know how to drive a stick shift vehicle. (If Vehicle has a stick shift transmission.)
N. Who causes damage to the Vehicle resulting from inadequately secured cargo. (P-Up Truck only)
6. LIABILITY INSURANCE: IF THERE IS NO VIOLATION OF ANY OF THE USE RESTRICTIONS IN PARAGRAPH 5 ABOVE, Renter and any Authorized Driver shall, while operating the Vehicle, be provided with liability coverage in accordance with the standard provisions of a Basic Automobile Liability Insurance Policy (as provided by applicable law) for protection against liability for causing bodily injury (including death) and property damage with applicable coverage limits imposed by the financial responsibility law where this rental transaction takes place.
A. If Supplemental Liability Insurance is offered by Thomas Car Rental and accepted by Renter, a higher limit of liability insurance will be provided as described in the applicable brochure.
B. Renter agrees to cooperate fully in the investigation and defense of and to deliver to the renting location every document relating to any accident, claim or lawsuit.
C. Renter will defend and indemnify Thomas Car Rental from all loss, liability and expense in excess of the coverage available under the terms of this Agreement.
7. ACTS OF NATURE: Renter is not responsible for any loss of or damage to the Vehicle due to acts of nature.
8. LOSS OF OR DAMAGE TO THE VEHICLE: If Renter declines LDW, Renter is responsible for the FULL VALUE (or other amount written on the flip side) of any loss of or damage to the Vehicle, including loss of use and any related costs and expenses. If Renter accepts LDW, he/she will be responsible to pay only an LDW deductible of $500 in the event of loss of or damage to the Vehicle. However, if Renter violates a use restriction provided in Paragraph 5 above, LDW is nullified and voided; Renter will be responsible for loss of or damage to the Vehicle as if Renter had declined LDW.
9. LOSS DAMAGE WAIVER: If Renter declines the optional LDW, offered at an additional charge of $15 (or other amount written on the flip side) for each day or fraction thereof, Renter will be responsible for the full value (or other amount written on the flip side) of any loss of or damage to the Vehicle resulting from theft, fire, vandalism and collision, regardless of fault, except as provided in Paragraph 7 above. LDW is not insurance. Renter's own insurance may cover all or part of such loss or damage. Renter should check with his/her insurer to determine the amount of coverage provided for personal injury and loss of or damage to the Vehicle due to theft, fire, vandalism or collision damage.
10. DAMAGE VEHICLE: Renter will not use the Vehicle if it is damaged or in need of repair and will be responsible for all damage to the Vehicle resulting from such use.
11. PARKING/TRAFFIC VIOLATIONS: Renter will pay for all parking and traffic violation fines and penalties plus all costs incurred in the event Renter fails to make such payments. Renter agrees that in connection with any claimed violations, any information relating to Renter may be submitted to government authorities.
A. Renter will pay on demand all charges due under this Agreement incl. a fee for return of Vehicle before the due back date.
B. All charges are subject to final audit, and if and error is found, either party shall promptly pay or credit the other, as appropriate, to correct the error.
C. If Renter has indicated that someone else or that some company will pay for charges due under this Agreement and payment is not made, Renter will pay upon demand.
D. Renter consents to the reservation of credit, by a credit card issuer, up to the amount of the estimated charges due under this Agreement and authorizes Thomas Car Rental to process a credit card voucher, if applicable, in Renter's name, for all charges due under this Agreement.
E. Renter will pay interest at the highest rate permitted by law on any past due charges and will also pay any collection costs, including reasonable attorneys' fees, if all charges are not paid when due.
13. RENTER RESPONSIBILITY FOR PROPERTY: Renter is solely responsible for any property left or stored in the Vehicle, shuttle transport, or anywhere at the renting location, no matter who received, stored or handled the property.
14. FAILURE TO RETURN VEHICLE: If Renter fails to return the Vehicle on the due back date or within 24 hours following a written or oral demand to Renter, Renter will be deemed to be in unlawful possession of the Vehicle and to have authorized the issuance of a warrant for the arrest of Renter or any person possessing the Vehicle.
15. VEHICLE REPAIRS: Renter will not permit any repair to or replacement of any part of the Vehicle without the prior written consent of Thomas Car Rental and Renter agrees to pay for all such unauthorized repairs and parts.
Renter will pay all costs including reasonable attorneys' fees and court costs incurred by Thomas Car Rental and will defend and indemnify Thomas Car Rental from all claims, demands and lawsuits resulting from:
1) the issuance of a warrant for the arrest of Renter or any person operating the Vehicle;
any action by Thomas Car Rental including self-help, used to get the Vehicle back or otherwise enforce the terms of this Agreement; and
any action against Thomas Car Rental resulting from Renter's breach of this Agreement.
A. Thomas Car Rental shall have no liability for any indirect, special or consequential damages arising in connection with the furnishing, performance or use of the Vehicle or for any claim based upon the failure to honor a vehicle reservation requested by Renter.
Renter shall not be considered the agent or employee of Thomas Car Rental for any purpose whatsoever.
B. It is a violation to tamper with the Vehicle or any of its parts and equipment. Renter is liable for all body damage exterior and interior. Renter is responsible for all fuel used by the Vehicle during the rental period covered under this Agreement.
C. Personal Accident Insurance may be offered by Thomas Car Rental and, if accepted by Renter, will provide Renter limited insurance for personal injury (including death) during the rental period of this Agreement as more fully described in the applicable brochure.
D. Renter agrees to everything stated on both sides of this Agreement, which is the entire Agreement between the parties.