Sixt Rent A Car Rental Agreement Terms and Conditions

Transcription

1 Sixt Rent A Car Rental Agreement Terms and Cnditins 1. Definitins. "Agreement" means the Terms and Cnditins n this page and the prvisins fund n the Face Page. "Yu" r "yur" means the persn identified as the renter in this Agreement, any persn signing this Agreement, any Authrized Driver and any persn r rganizatin t whm charges are billed by us at its r the renter's directin. All persns referred t as "yu" r "yur" are jintly and severally bund by this Agreement. "We", "ur" r "us" means Sixt Rent A Car. "Authrized Driver" means the renter and any Additinal Driver we list n the Face Page. Each Authrized Driver must be at least age 21 and have a valid driver's license. Authrized Drivers are the nly persns permitted t drive the Vehicle. Additinal Driver means a persn we list n the Face Page f this Agreement. "Vehicle" means the mtr vehicle identified in this Agreement and any vehicle we substitute fr it, and all its tires, tls, accessries, equipment, keys and Vehicle dcuments, but Vehicle des nt include prtable navigatin devices r child safety seats that yu rent frm us. "LDW" means Lss Damage Waiver. The Vehicle may be equipped with an electrnic lcatr device that allws us t find the Vehicle and t disable it if we deem necessary. "Lss f Use" means the lss f ur ability t use the Vehicle fr any purpse including nn-rental uses such as display f the Vehicle, display f the Vehicle fr sale, nn-revenue transprtatin by emplyees due t damage t it r lss f it during this rental. Lss f Use damages are ften difficult t determine exactly; therefre, yu and we agree that Lss f Use fr this rental will be calculated by multiplying the number f days frm the date the Vehicle is damaged r lst until it is replaced r repaired times 80% f the daily rental rate. Diminished Value means the difference between the value f the Vehicle just prir t damage r lss and the value f the Vehicle after repair r replacement. Vehicle License Fee means ur estimate f the average per day per vehicle prtin f ur ttal annual vehicle licensing, titling, and registratin csts. 2. Rental, Indemnity and Warranties. This is a cntract fr rental f the Vehicle. We may terminate this Agreement and repssess the Vehicle at yur expense withut ntice t yu, if yu breach this Agreement r if the Vehicle is abandned r used in vilatin f law r this Agreement. Yu agree t indemnify us, defend us and hld us harmless frm all claims, liability, csts and attrney fees we incur resulting frm r arising ut f this rental and yur use f the Vehicle. We make n warranties, express, implied r apparent, regarding the Vehicle, n warranty f merchantability and n warranty that the Vehicle is fit fr a particular purpse. 3. Cnditin and Return f Vehicle. Yu must return the Vehicle t ur rental ffice r ther lcatin we identify, n the date and time specified in this Agreement, and in the same cnditin that yu received it, except fr rdinary wear. If the vehicle is returned t any ther ffice r lcatin r left smewhere ther than the ffice r lcatin identified by us, yu remain respnsible fr the safety f and any damage t the Vehicle until we inspect it. In additin, yu authrize us t charge yur credit r debit card a ne-way charge r service fee plus any additinal csts incurred by us in the return f the Vehicle If the Vehicle is returned after clsing hurs, yu remain respnsible fr the safety f and any damage t the Vehicle until we inspect it upn ur next pening fr business. Service t the Vehicle r replacement f parts r accessries during the rental must have ur prir apprval. Yu must check and maintain all fluid levels, check that the Vehicle is in a radwrthy cnditin, lck the Vehicle at all times when yu are nt perating the Vehicle, and return the Vehicle with at least the same amunt f fuel as when rented.

2 Failure t return rented prperty r equipment upn expiratin f the rental perid and failure t pay all amunts due (including csts fr damage t the prperty r equipment) are prima facie evidence f intent t defraud, punishable in accrdance with sectin , Flrida statutes. 4. Respnsibility fr Damage r Lss; Reprting t Plice; Respnsibility fr Tlls and Parking Vilatins. Yu are respnsible fr all damage t, and fr lss r theft f, the Vehicle including damage caused by weather, rad cnditins and acts f nature, even if yu are nt at fault. Yu are respnsible fr the cst f repair, r the actual cash retail value f the Vehicle n the date f the lss if the Vehicle is nt repairable r if we elect nt t repair the Vehicle. Yu are als respnsible fr Lss f Use, Diminished Value, and ur administrative expenses incurred prcessing a claim. Yu must reprt all accidents and incidents f theft and vandalism t us and the plice as sn as yu discver them. Yu are respnsible fr paying the charging authrities directly all parking citatins, tll fees, fines fr tll evasin, and ther fees, fines and penalties assessed against yu, us, r the Vehicle during this rental. If yu fail t pay any f these charges and we pay any part f them, yu will reimburse us fr all such charges and, in additin, pay us an administrative fee f $30 fr each such charge. 4a. Express Tll Service. If yu elect t purchase Express Tll Service ( SP ), yu may use autmated express tll lanes within Flrida ( referred t in this Agreement as SunPass Express Lane ) an unlimited number f times withut paying tlls. The SP fee is payable t us even if yu d nt use a SunPass Express Lane during this rental. Where n SunPass Express Lane is available, yu must use the cash lanes and pay the tll at the tll site. We will nt give credit against the SP fee fr cash tll payments. If yu elect nt t purchase SP and yu drive thrugh a SunPass Express Lane, yu will pay us $5 plus the applicable tll fee fr each time yu drive thrugh a SunPass Express Lane during yur rental. 4b. Child Safety Seat. If yu rented a child safety seat frm us, yu have the sle respnsibility t prperly install the seat. The seat is rented AS IS. We make n warranties, express, implied r apparent, regarding the seat, n warranty f merchantability and n warranty that the seat is fit fr a particular purpse. Yu are respnsible fr all injury r damage arising ut f, r related t yur use f the child safety seat. 5. Lss Damage Waiver; Prhibited Use f the Vehicle. If yu purchase LDW, we waive yur respnsibility fr damage t r lss f the Vehicle. We will nt waive yur respnsibility, even thugh yu purchased LDW, if yu gave us false, fraudulent r misleading infrmatin prir t the rental r during the rental, and we wuld nt have rented the Vehicle t yu r extended the rental perid, if we were given true infrmatin; r if yu fail t ntify us and the plice f an accident, theft r vandalism invlving the Vehicle, r if damage t the Vehicle is the result f a prhibited use, including damage that: (a) is caused by anyne wh is nt an Authrized Driver; (b) is caused by anyne under the influence f a drug r alchl; (c) ccurs while the Vehicle is used during the cmmissin f a crime, ther than a minr traffic vilatin; (d) ccurs while carrying persns r prperty fr hire, while pushing r twing anything, during any race, speed test r cntest, r while teaching anyne t drive; (e) results frm carrying dangerus, hazardus, r illegal materiel; (f) results frm use f the Vehicle utside the State f Flrida; (g) is caused by driving n unpaved rads; (h) ccurs while transprting mre persns than the Vehicle has seat belts, while carrying persns utside the passenger cmpartment, r while transprting children withut apprved child safety seats as required by law; (i) ccurs when the dmeter has been tampered with r discnnected; (j) ccurs when the Vehicle's fluid levels are lw, r it is therwise reasnable t expect yu t knw that further peratin wuld damage the Vehicle; (k) is caused by carrying anything n the rf, trunk r hd f the Vehicle, r by inadequately secured carg inside the Vehicle, r by an animal

3 transprted in the Vehicle; (l) ccurs when the Vehicle is unlcked, r the keys r key fb are lst, stlen r left in the Vehicle when nt perating it; (m) is caused, where applicable, by anyne wh lacks experience perating a manual transmissin; r, (n) results frm yur willful, wantn r reckless act r miscnduct. In the event f a lss due t theft f the Vehicle, we will nt waive yur respnsibility fr the lss unless yu return t us all the Vehicle keys r ignitin devices we gave yu at the time f rental. If yu lse the keys r key fb t the Vehicle we may charge yu fr the cst f replacing the keys r key fb and fr the cst f delivering replacement keys r key fbs r twing the Vehicle t the nearest Sixt lcatin. If yu lck the keys r key fb in the Vehicle and request assistance frm Sixt, we may charge yu fr the cst f delivering replacement keys r key fb r twing the Vehicle t the nearest Sixt lcatin. 6. Insurance. Yu are respnsible fr all damage r lss yu cause t thers. Yu agree t prvide aut liability, cllisin and cmprehensive insurance cvering yu, us, and the Vehicle. The valid and cllectible liability insurance and persnal injury prtectin insurance f any authrized rental r leasing driver is primary fr the limits f liability and persnal injury prtectin cverage required by (7) and , Flrida Statutes. Where state law requires us t prvide aut liability insurance, r if yu have n aut liability insurance, we prvide aut liability insurance (the Plicy ) that is secndary t any ther valid and cllectible insurance whether primary, secndary, excess r cntingent. The Plicy prvides bdily injury and prperty damage liability cverage with limits n higher than minimum levels prescribed by the financial respnsibility laws f the State whse laws apply t the lss. Yu and we reject PIP, medical payments, n-fault and uninsured and under-insured mtrist cverage. Cverage is vid if yu vilate the terms f this Agreement r if yu fail t cperate in any lss investigatin cnducted by us r ur insurer. Giving the Vehicle t an unauthrized driver terminates ur liability insurance cverage, if any. Yu grant us a limited pwer f attrney t present claims t yur insurance carrier fr damage t r lss f the Vehicle that ccurs while yu are respnsible fr the Vehicle. 7. Charges and Csts. Yu will pay us at r befre the cnclusin f this rental, r n demand, all charges due us under this Agreement, including the charges and fees shwn n the Face Page and: (a) a mileage charge based n ur experience if the dmeter is tampered with; (b) all expenses we incur lcating and recvering the Vehicle if yu fail t return it, return it t a lcatin r ffice ther than the lcatin r ffice identified by us, r if we elect t repssess the Vehicle under the terms f this Agreement; (c) all csts including pre- and pst-judgment attrney fees we incur cllecting payment frm yu r therwise enfrcing r defending ur rights under this Agreement; (d) a 2% per mnth late payment fee r the maximum amunt allwed by law n all amunts past due; (e) $50 r the maximum amunt permitted by law, whichever is greater, if yu pay us with a check returned unpaid fr any reasn; (f) a reasnable fee nt t exceed $350 t clean the Vehicle if returned substantially less clean than when rented r if there is evidence f smking in ur Vehicle; and, (g) twing, strage charges, frfeitures, curt csts, penalties and all ther csts we incur resulting frm yur use f the Vehicle during this rental. Special rental rates, vehicle categry upgrades r any equipment r services prvided t yu free f charge nly apply t the initially agreed upn rental perid: If yu return the Vehicle after the Due-In date, yu may be charged the standard rates fr each day (r partial day) after the Due-In date, which may be substantially higher than the rates fr the initially agreed rental perid. Yu als may be charged the standard fees fr each day (r partial day) after the Due-In date fr any equipment r services prvided t yu withut charge fr the initially agreed upn rental perid. 8. Depsit. Yu permit us t reserve against yur credit r debit card at the beginning f the rental an amunt up t three times the estimated ttal charges as a depsit. Fr Vehicles in the executive r luxury categries yu authrize us t reserve up t $5,000 against yur credit r debit card. We may use yur depsit t pay any amunts wed t us under this Agreement. The depsit amunt des nt limit in any way the ttal amunt wed t use under this Agreement.

4 9. Yur Prperty. Yu release us, ur agents and emplyees frm all claims fr lss f r damage t yur persnal prperty r that f any ther persn, that we received, handled r stred, r that was left r carried in r n the Vehicle r in any service vehicle r in ur ffices, whether r nt the lss r damage was caused by ur negligence r was therwise ur respnsibility. 10. Breach f Agreement. The acts listed in Paragraph 5 are prhibited uses f the Vehicle and breaches f this Agreement. YOU WILL BREACH THIS AGREEMENT IF YOU ALLOW ANY PERSON OTHER THAN THE RENTER OR AN ADDITIONAL DRIVER TO OPERATE THE VEHICLE. IF AN UNAUTHORIZED DRIVER DAMAGES THE VEHICLE OR INJURES OTHERS, WE WILL HOLD YOU RESPONSIBLE FOR THE DAMAGE. Yu waive all recurse against us fr any criminal reprts r prsecutins that we take against yu that arise ut f yur breach f this Agreement. 11. Mdificatins. N term f this Agreement can be waived r mdified except by a writing signed by ne f ur expressly authrized representatives. Sixt cunter representatives are nt authrized t waive r change any term f this Agreement. If yu wish t extend the rental perid, yu must return the Vehicle t ur rental ffice fr inspectin and written amendment by us f the DUE-IN date. This Agreement cnstitutes the entire agreement between yu and us. All prir representatins and agreements between yu and us regarding this rental are vid. 12. Waiver; Jurisdictin. A waiver by us f any breach f this Agreement is nt a waiver f any additinal breach r waiver f the perfrmance f yur bligatins under this Agreement. Our acceptance f payment frm yu r ur failure, refusal r neglect t exercise any f ur rights under this Agreement des nt cnstitute a waiver f any ther prvisin f this Agreement. Unless prhibited by law, yu release us frm any liability fr cnsequential, special r punitive damages in cnnectin with this rental r the reservatin f a vehicle. If any prvisin f this Agreement is deemed vid r unenfrceable, the remaining prvisins are valid and enfrceable. If we determine that a lawsuit must be filed against yu t reslve a dispute, yu cnsent t be sued in an apprpriate State r Federal curt in Dade Cunty, Flrida. 13. Sixt Express Master Agreement. We will stre yur persnal data and yur signature that appears in this Agreement in rder t mre efficiently prcess future rentals with us r ther cmpanies f the Sixt grup. By signing this Agreement yu agree t the Terms and Cnditins f future rental agreements with us r ther cmpanies f the Sixt grup, PROVIDED THAT the laws f the cuntry r ther jurisdictin permit this acceptance. We may either accept yur signature n the Face Page as yur signature n future rental agreements, r ask fr yur signature at the time f a future rental. We refer t this system as the Sixt Express Master Agreement. There is n cst t yu assciated with this service. 14. Persnal Data. Yu grant us permissin t disclse yur persnal data that appears in this Agreement t ther cmpanies f the Sixt grup, vehicle manufacturers r turism cmpanies fr the purpse f keeping yu infrmed f the prducts r services ffered by the Sixt grup as well as prducts and services related t the rental f vehicles, and t credit entities, insurance cmpanies, law firms r debt cllectin agencies, prvided that, this is related t ur legitimate business functins. If yu wish us t refrain frm distributing yur persnal data as abve, please send a cpy f this Agreement t: Persnal Data, Sixt Rent A Car, LLC, 3900 NW 25 th St., #407, Miami, FL

5 SUMMARY OF THE NATIONAL CASUALTY COMPANY SUPPLEMENTAL LIABILITY INSURANCE POLICY THE SUMMARY IS WRITTEN BY NATIONAL CASUALTY COMPANY Supplemental Liability Insurance (SLI) by: Natinal Casualty Cmpany, Hme Office: Madisn, Wiscnsin Administrative Office: 8877 Nrth Gainey Center Drive, Scttsdale, Arizna 85258, Fax (480) In the event f an accident: Cntact the Plice immediately Fill ut the Rental Vehicle Accident Reprt Fax all the dcuments t the Scttsdale Insurance Grup Hme Office Claims: If serius injury/fatality call This cverage may duplicate ther cverage already available t yu under ther insurance available t yu. The purchase f this insurance is nt required t rent a vehicle. Supplemental Liability Insurance (SLI) prtects yu against claims made by a third party fr bdily injury and/r prperty damage sustained as a result f an accident while yu are perating a rental vehicle. This cverage is excess ver the minimum Financial Respnsibility Limits. Supplemental Liability Insurance (SLI) des nt cver all situatins that may arise while perating a rental vehicle. This plicy summary is nly a cndensed versin f the entire Supplemental Liability Excess Plicy. A cmplete cpy f the Supplemental Liability Excess Plicy is available fr yur review frm yur rental agent. Thrughut this Plicy, the wrds we, us and ur refer t the cmpany named in the Declaratins. In additin, certain wrds r phrases that appear in qutatin marks have special meaning. Refer t the Supplemental Liability Excess Plicy fr a cmplete list f definitins. SECTION I EXCESS LIABILITY COVERAGE Cverage We will pay the ultimate net lss, in excess f the minimum financial respnsibility liability limits, t which this cverage applies, prvided that: It results frm an accident invlving a rental vehicle ; The accident ccurs while the rental agreement is in effect and the rental agreement becmes effective during the plicy perid; and Excess rental liability insurance has been elected by the renter at the rigin f the rental agreement. Wh Is An Insured Only the fllwing are insureds under this excess plicy: The plicyhlder shwn in the Declaratins. The renter wh has: Entered int a rental agreement with the plicyhlder shwn in the Declaratins; and Elected under the rental agreement t purchase ptinal excess rental liability insurance. Additinal authrized drivers as defined herein. Wh Is An Authrized Driver Only the fllwing are authrized drivers under this excess plicy: A driver whse name is listed n the riginal rental agreement ; r A driver designated by descriptin, if any, in the rental agreement.

6 Any driver wh des nt meet ne f the cnditins abve is nt an authrized driver, even if: That driver had the permissin f an insured ; r That driver is cvered by the underlying insurer fr the minimum financial respnsibility liability limits. Limit Of Insurance Regardless f the number f insureds, rental vehicles, premiums paid, claims made r vehicles invlved in the accident, fr each rental agreement the mst we will pay fr the ultimate net lss, resulting frm any ne accident, is the difference between the dllar amunt shwn in the Declaratins and the minimum financial respnsibility liability limits. Exclusins This insurance des nt apply t any f the fllwing: Bdily injury r prperty damage arising ut f the use, r permitting the use, f a rental vehicle : By any driver ther than the renter r an authrized driver ; By any driver while under the influence f drugs r alchl; Fr any illegal purpse; T carry persns r prperty fr hire; T tw r prpel any ther aut; In any race, cntest r training activity; Off-rad r n unpaved rads that are nt regularly maintained; r By any vilatin f the rental agreement. Any lss, cst r expense payable under r resulting frm any first party physical damage cverage; n-fault law; persnal injury prtectin r aut medical payments cverage; r uninsured r underinsured mtrist law; r any similar law, in any jurisdictin. Bdily injury t renter r any family member, if such family member resides in the same husehld with the renter and any authrized driver while driving the rental vehicle. Prperty damage t the rental vehicle. Bdily injury r prperty damage expected r intended frm the standpint f the insured. SECTION II CONDITIONS Lss Cnditins Duties In The Event Of Accident, Claim Or Suit In the event f accident, claim r suit that is likely t invlve this Plicy, the plicyhlder r the insured must give us r ur authrized representative prmpt ntice f the accident. Include: Hw, when and where the accident ccurred; The insured s name and address; and T the extent pssible, the names and addresses f any injured persns and witnesses. Legal Actin Against Us N ne may bring a legal actin against us under this Plicy until: There has been full cmpliance with all the terms f this Plicy. Appeals If an insured r underlying insurer elects nt t appeal judgments in excess f the minimum financial respnsibility liability limits, we may elect t appeal such judgments at ur wn expense, but in n event shall ur liability fr the ultimate net lss exceed the Limit Of Insurance plus expenses incurred in such an appeal. Transfer Of Rights Of Recvery Against Others T Us

7 If any persn r rganizatin t r fr whm we make payment under this Plicy has rights t recver damages frm anther, thse rights are transferred t us. That persn r rganizatin must d everything necessary t secure ur rights and must d nthing after accident t impair them. General Cnditins Attachment f Liability Liability under this Plicy shall nt attach until the minimum financial respnsibility liability limits have been exhausted by payment f judgments r settlements and the insured has becme legally bligated t pay the ultimate net lss in excess f such minimum financial respnsibility liability limits. Cverage Territry The cverage territry is as stated in the rental agreement and is further limited t: The United States f America; The territries and pssessins f the United States f America; Puert Ric; and Canada. SECTION III DEFINITIONS Bdily injury means bdily injury, sickness r disease sustained by a persn including death resulting frm these. Insured means any persn qualifying as an insured in WHO IS AN INSURED (SECTION I). Minimum financial respnsibility liability limits means the minimum limits specified by a cmpulsry r financial respnsibility law f the applicable jurisdictin. Rental agreement means any written agreement, stating a perid f less than ne year, entered int setting frth the terms and cnditins gverning the use f a vehicle prvided by the rental car cmpany. Rental vehicle means the aut rented r leased by the renter frm the plicyhlder and described in the rental agreement. Renter means any persn btaining the use f an aut frm the plicyhlder (rental car cmpany r its franchisee) under the terms f a rental agreement. Ultimate net lss means all sums fr which an insured becmes legally bligated t pay, as damages fr bdily injury and prperty damage cmbined. Ultimate net lss will be reduced by deductin fr all salvage r recveries which have been r will be paid. Underlying insurer means the insurance cmpany r the certified self-insurer wh prvides the minimum financial respnsibility liability limits. Persnal Accident Insurance (PAI) underwritten by Natinal Unin Fire Insurance Cmpany f Pittsburgh, Pa., with its Executive Offices at 175 Water Street 18 th Flr, New Yrk, NY Fr further infrmatin please read the PAI plicy available fr yu at any Sixt cunter, the plicy is underwritten by Natinal Unin Fire Insurance Cmpany f Pittsburgh, Pa