
Rental Agreement. Terms and Conditions
- Definitions
«Agreement» means all terms and conditions located within the form and any other forms executed in contemplation of the vehicle rental. «You» or «your» means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and each person or organization to whom charges are billed pursuant to the renter’s direction. All persons referred to as «you» or «your» are jointly and severally bound by this Agreement.«We», “our”, and/or «us» means the rental agency named in this Agreement that is renting the Vehicle to you.
«Authorized Driver» means the renter and each additional driver listed by you or us in this Agreement. The Renter shall ensure that each such person has a valid driver’s license and is at least twenty-one (21) years of age. Only Authorized Drivers are permitted to operate the Vehicle.
«Vehicle» means the automobile or truck identified in this Agreement or any substitute/replacement vehicle, including but not limited to tires, tools, accessories, equipment, keys, and vehicle documents.
«CDW» means Collision Damage Waiver. «Physical Damage» means damage to, or loss of, the Vehicle caused by collision or upset. Physical Damage does not include comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, fire, or other loss not caused by collision or upset.
«Loss of Use» means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental.
«Diminished Value» means the actual cash value of the Vehicle just before damage or loss less the value of the Vehicle after repair or replacement.
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Rental, Indemnity, and Warranties
This is a contract for rental of the Vehicle. We reserve the right to repossess the vehicle at your sole expense (without notice to you) if the vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify, defend and hold us harmless from any claims, liability, costs, and attorney fees resulting from or arising out of this rental and your use of the Vehicle. We make no warranties of any kind. -
Condition and Return of Vehicle
You must return the Vehicle to our rental office or other pre-specified location, on the date and time specified in this Agreement, and in the same condition that you received it (except for ordinary wear). -
Responsibility for Damage or Loss
You are responsible for any damage to, or loss or theft of, the vehicle, including damage caused by weather, road conditions, and/or acts of nature, whether or not you are at fault. -
Tolls, Parking, and Traffic Violations
You are responsible for paying any tolls, parking, traffic violations, fines, or related costs incurred during the rental period. -
Collision Damage Waiver (CDW)
If you purchase CDW, we waive your responsibility for a portion of Physical Damage to the Vehicle, except in cases specified in the contract. -
Liability Insurance
You agree to provide liability, collision, and comprehensive insurance covering you, us, and the Vehicle. -
Charges
You permit us to reserve against your credit/debit card at the time of rental a reasonable amount in addition to the estimated charges. -
Personal Property
You release us from liability for any personal property left in the Vehicle. -
Breach of Agreement
Any violation of this Agreement results in breach of contract, and you waive all legal recourse against us. -
Geographic Limitations
You may use the Vehicle only within the state of Florida. -
Modifications
No term of this Agreement can be waived or modified unless in writing and signed by both parties. -
Governing Law
This Agreement shall be governed by the laws of the State of Florida. -
Jurisdiction
Each party submits to the exclusive jurisdiction of the Circuit Court of Miami-Dade County, Florida. -
Waiver of Jury Trial
Each party irrevocably waives any and all rights to a jury trial. -
Headings and Interpretation
Headings are for convenience only and do not affect interpretation. -
Counterparts
This Agreement may be signed in multiple copies, each of which will be considered an original.