Fox Rent A Car / Thumb•it Rental Agreement
FOX Rent A Car / Thumb•it
VEHICLE RENTAL AGREEMENT
RENTAL AGREEMENT PAGE 2 (CA 7/2016)
1. VEHICLE: The Vehicle, which includes tires, rims, tools, equipment, accessories, and vehicle documents does not belong to the Renter but is delivered to Renter for rental purposes only and is in good operating 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. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT. Renter is liable for any damage to or loss of use of the Vehicle as permitted by law, including damage arising from any use by an unauthorized driver.
2. VEHICLE RETURN, DAMAGE, AND MEXICO: On the due date or sooner upon demand, Renter will return the Vehicle in the same operating condition as rented. If it (a) is not returned on the date which it is due back; (b) is illegally parked; (c) is used in violation of the law or of this Agreement; (d) is or appears to be abandoned, or (e) if Renter gave false or misleading information at time of rental, all charges for the repossession will be Renter’s responsibility. Warning: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental Agreement has expired, that person shall be presumed to have embezzled the vehicle.” If Renter fails to return the Vehicle on the due back date or within twenty-four (24) hours following a written or oral demand to Renter (which demand, if in writing, shall be considered delivered forty-eight (48) hours after the mailing of a certified letter addressed to the residence or business address of Renter as shown on the reverse side), 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 and may be charged with grand theft of automobile in accordance with applicable statutes. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful, and reckless act and a breach of this Agreement. Renter must report all accidents involving the Vehicle or theft of the Vehicle and vandalism to us within 24 hours of occurrence, and to the police as soon as Renter discovers them. Renter will not operate 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. Renter is liable for all damages caused by snow chains, tow and trailer hitches, ski racks, and luggage toppers regardless of LDW. Renter will not permit any repair to or replacement of any part of the Vehicle without the prior consent of the renting location, and Renter agrees to pay for all such unauthorized repairs and parts. Renter shall not suffer any liens to be placed upon Vehicle. Renter shall not drive Vehicle into Mexico without Thumb•it’s prior written consent and insurance coverage in Mexico approved by Thumb•it.
3. AUTHORIZED DRIVERS: The Vehicle may only be driven by Renter. In accordance with the Thumb•it driver policy and/or with rental location permission, only active Thumb•it members in good standing may be included as an additional drivers, if any, who has been instructed on the proper use of the Vehicle, may drive the Vehicle. Operation by an unauthorized driver voids any/all coverages and waivers.
4. USE RESTRICTION: Renter will operate Vehicle in a safe and prudent manner. Vehicle will not be used or operated by anyone (a) who is not a qualified, licensed driver at least nineteen (19) years old and named on page 1 of this Agreement, or whose license is invalid; (b) who obtains the Vehicle with misleading or false information; (c) to transport people or property for hire or to push or tow anything; (d) while engaged in any race, speed contest, or illegal purpose; (e) while committing or involved in the commission of a crime; (f) in a reckless, wanton, or negligent manner; (g) to carry hazardous or explosive substances; (h) on other than regularly maintained and paved roadways; (i) who does not know how to operate the Vehicle; (j) while intoxicated or under the influence of drugs, drowsy, or whose driving ability is impaired; (k) outside the state in which the Vehicle is rented without prior written permission of renting location; (l) who leaves the keys in or does not properly lock up and secure the Vehicle (excluding valet parking); (m) who has more people in the Vehicle than seat belts; (n) who loads vehicle beyond the manufacturer’s designated gross vehicle weight; (o) where insufficient clearance of height or width exists; (p) when further use of the Vehicle would cause it damage (warning light or flat tire, steam rising from engine, unusual noise).
5. LIABILITY FOR DAMAGE OR INJURY TO OTHERS: Thumb•it is in full compliance with the financial requirements of the state in which the vehicle is rented by either self-insuring or the posting of a cash deposit. Thumb-It exposure for personal injury and property damage claims by third parties is the minimum limits required by state law. No other insurance or coverages are provided to Renter, or any authorized driver by this Agreement unless separately purchased at the time of rental. If valid automobile liability insurance or self-insurance is available on any basis to Renter and such insurance or self-insurance satisfies the applicable state motor vehicle financial responsibility law, then Thumb•it extends none of its motor vehicle financial responsibility. To the fullest extent permitted by law, Renter (and any authorized additional driver designated in this contract) agrees to hold Thumb-It, its agents, employees and affiliates, harmless from any and all claims, losses, expenses and damages, including reasonable attorneys’ fees, for injury or damage to persons or property of any kind or nature whatsoever (including death resulting from such injury), caused by, resulting from, arising out of, or occurring in connection with the rental of the vehicle pursuant to this contract. Renter agrees to cooperate fully in the investigation and defense of any accident claim or lawsuit. Renter will defend and indemnify the renting location, holding them harmless from all loss, liability, and expense of the coverages available under the terms of this Agreement.
6. ARBITRATION: Except for claims for property damage, personal injury, or death, ANY DISPUTES BETWEEN OR AMONGST RENTER, Thumb-It, ATS PROCESSING SERVICES, LLC, PLATEPASS, LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. RENTER AND FOX WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. Renter and Thumb•it remain free to bring any issues to the attention of government agencies. This Arbitration provision’s scope is broad and includes without limitation, any claims relating to any aspect of the relationship between Renter and Thumb•it. In any arbitration, all issues are for the arbitrator to decide, including jurisdiction, and any objections with respect to the existence, scope, or validity of this Arbitration Provision. The arbitration will take place in the county of Renter’s billing address unless otherwise agreed. The American Arbitration Association will administer any arbitration pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes. For additional details regarding Arbitration, or if you wish to opt out of arbitration, please see www.foxrentacar.com/arbitration.
7. LOSS DAMAGE WAIVER (LDW) EXCEPTIONS: LDW will not protect Renter if damage or loss results from Renter’s: (a) intentional, willful, wanton, or reckless conduct; (b) operation of the Vehicle under the influence of drugs or alcohol in violation of Section 23152 of the California Vehicle Code; (c) towing or pushing anything; or (d) operation of the Vehicle on an unpaved road if damage or loss is a direct result of the road or driving conditions. LDW will not protect Renter if damage or loss occurs while the Vehicle is: (a) used for commercial hire; (b) used in connection with conduct that could be properly charged as a felony; (c) involved in a speed test or contest, or in driver training activity; (d) operated by person other than an Authorized Driver; or (e) operated outside the U.S. LDW does not apply if Renter has: (a) provided fraudulent information to Thumb•it; or, (b) provided false information and Thumb•it would have not rented the Vehicle had Thumb•it received true information. LDW acceptance does not cover vehicles owned/controlled by Renter.
8. PAYMENT: Renter will pay on demand all charges due under this Agreement. All charges are subject to final audit, and if an error is found, either party shall promptly pay or credit the other to correct the error. If Renter has indicated that a third party will pay for charges due and payment is not made, Renter will pay on demand. Renter consents to the reservation of credit, by credit card issuer, up to the amount of the estimated charges due under this Agreement and authorizes the renting location to process a credit card voucher in Renter’s name for all charges under this Agreement and to release information concerning Renter to credit card issuer. Renter will pay interest at the highest rate permitted by the law on any past due charges and will also pay any collections costs, including reasonable attorney’s fees and all court costs if all charges are not paid when due.
9. RELEASE OF INFORMATION TO THIRD PARTIES: Renter agrees Thumb•it may, and Renter expressly authorizes Thumb•it to, provide information in Thumb•it possession about Renter, including, but not limited to, Renter’s name, address, driver’s license and/or credit/debit card information, to applicable authorities or other third parties, in connection with Thumb•it enforcement of its rights under this Agreement, including as described above under Paragraph 8, above, and the front of this Agreement.
10. RENTER RESPONSIBILITY FOR PROPERTY: Renter is solely responsible for any property left or stored in the Vehicle, shuttle bus, or anywhere at the renting location, no matter who received, stored or handled the property. Thumb•it shall have a lien on Renter’s property transported in the Vehicle for all charges and expenses incurred.
11. THIRD PARTY PROCEEDS: If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Thumb•it Renter’s right to receive such payment. Only those amounts actually paid by a third party to Thumb•it shall reduce the amount owed by Renter. Renter remains responsible for all charges not paid by third parties, including but not limited to upgrades, optional products, extra days, and all other charges.
12. POWER OF ATTORNEY: Renter hereby grants and appoints to Thumb•it a limited power of attorney: (a) to present insurance claims to Renter’s insurer and/or credit card if (i) vehicle is damaged, lost or stolen, and if the Renter is liable under California Civil Code Section 1936, and if Renter fails to pay for any damages, or (ii) any liability claims against Thumb•it arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Thumb•it harmless from such claims; and (b) to endorse Renter’s name for Thumb•it to receive insurance, credit card or debit card payments directly for any such claims, liabilities or rental charges.
13. LIMITATION OF REMEDIES: Thumb•it shall have no liability for indirect, special, consequential or punitive damages arising in connection with the furnishings, performance or use of the Vehicle, or for any claim based upon Thumb•it alleged breach of this Agreement. If Vehicle has any mechanical failure or other failure not caused by Renter and if Thumb•it is liable under applicable law for such breach or Vehicle failure, Thumb•it sole liability to Renter and Renter’s sole remedy is the substitution of another similar Vehicle by Thumb•it to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter did not have use of Vehicle or substitute Vehicle.
14. GPS NOTICE AND RELEASE: Vehicle may be equipped with OnStar or another telematics system. Renter acknowledges that such systems utilize cellular telephone and/or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. Renter authorizes use or disclosure of or access to call location information concerning Renter or other user of the service, automatic crash notification to any person for use in the operation of an automatic crash notification system and use of the vehicle location system. Renter releases Thumb•it from any and all damage to persons or property caused by failure of the telematics system to operate properly.
15. MISCELLANEOUS: Renter will defend and indemnify Thumb•it and hold Thumb•it harmless from all claims, demands and lawsuits related to: (1) a warrant for the arrest of Renter or any person operating the Vehicle; (2) any action by Thumb•it to enforce the terms of this Agreement; and (3) Renter’s breach of this Agreement. Renter is not an agent of Thumb•it. Renter agrees that this Agreement can only be modified in writing if signed by both Thumb•it and Renter. This contract shall be construed with and governed by the laws of California. If any provision of this contract is determined to be invalid or unenforceable, it shall not affect any other provisions hereof. If Vehicle is returned with less fuel than when rented, the charge shall be at the fuel price set forth in this Agreement and measured by Thumb•it estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. If Renter purchases Pre Paid Fuel, 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 for any unused fuel. Thumb•it is a d/b/a of Fox Rent A Car, Inc.