Terms of Service
SAMPLE RENTAL AGREEMENT
Lessor hereby leases to Renter (“Renter” includes any “Additional Driver” signing this Agreement or any other party to whom charges are billed at the direction of the person signing this Agreement, who shall all be jointly and severally liable with Renter for all charges hereunder) the said “Vehicle” described on Page 1 hereof upon the terms and conditions herein.
The parties agree that Renter is not and does not hereby become an agent, servant or employee of Lessor in any manner whatsoever.
VEHICLE SHALL BE RETURNED TO LESSOR’S AGENT ONLY AT THE CITY FROM WHICH RENTED, on the return date stated (Page1) herein; or sooner, upon
demand of Lessor. Renter acknowledges that said vehicle is the rightful property of Lessor, although registered title may be in a third party, and that Renter received the same in good and safe mechanical condition; except as noted on the face of this Agreement. RENTER AGREES TO RETURN SAID VEHICLE ON THE DATE AND THE TIME SPECIFIED ON PAGE 1 OF THIS AGREEMENT; LESSOR MAKE NO WARRANTIES OR UNDERTAKING OF ANY KIND. NATURE OR DESCRIPTION, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE FOR ANY VEHICLE COVERED UNDER THIS AGREEMENT, EXCEPT AS STATED HEREIN.
3. RENTER AGREES THAT SAID VEHICLE SHALL NOT BE OPERATE: (a) to carry passengers or property for consideration, expressed or implied; (b) in any race or speed test or contest; (c) to propel or tow any trailer or vehicle used as a trailer; (d) by any person other than the Renter or Additional Driver who signed this Agreement; provided always that Renter must be at least 25 years of age and a qualified licensed driver; (e) by any person with respect to whom Lessor has been furnished with false or untrue information; (f) by any person under the influence of intoxicants or narcotics of any kind; (g) for any illegal purpose; (h) n any instance where the speedometer of the said vehicle has been tampered with or disconnected; (outside of the State of Florida); U) off any paved road or in a reckless or abusive manner; (k) in violation of any law or ordinance concerning the operation, use or possession of the vehicle; or (I) in violation of any of the terms and conditions hereof.
4. Renter expressly acknowledges personal liability to pay Lessor on demand (a) for the millage charge computed by reading the factory installed odometer at the rate specified for the millage covered by said vehicle under the terms of this rental; (b) time and full collision protection charges at the rate specified for this rental;
(c) if said vehicle is left elsewhere without Lessor’s written consent to pay a fee equal to $2.50 per mile from the renting city to the city where left, plus all other costs
and expenses incurred with a minimum charge of $175.00 (d) State and Local taxes, if any; (e) a sum equal to the replacement cost of all tires, tubes, and accessories missing from said vehicle, (f) all fines and court costs for parking, traffic or other legal violations assessed against said vehicle, Renter or Lessor during the terms of this Agreement; (g) Lessor’s costs, including reasonable attorney’s fee at all levels, including appellate fees and costs, incurred by Lessor in connection with this Agreement or Renter’s use of the vehicle and/or collection payments due from Renter hereunder, (h) Lessor’s cost to repair all damages to said vehicle; (I) the replacement cost of said vehicle in the event of the theft or destruction which renters said vehicle economically unrepairable in Lessor’s sole discretion, or the non-return of said vehicle; or U) interest at the highest rate allow by law for all amounts due over 30 days. Addendum to universal rental agreement shall be part of the rental agreement.
5. The Lessor agrees to provide automobile liability insurance with limits of liability equal to the minimum financial responsibility limit of the State of Florida, but only if no other valid and collectible insurance (whether primary, excess or contingent with limits at least equal to the financial responsibility limit of the State of Florida)
is available to the Renter or operator of the automobile. Renter expressly agrees to indemnify and hold harmless Lessor and its insurer from and against all loss, liability, and expense for damages or liability to third parties or Renter as a result of bodily injury, death, or property damage caused by
or arising from the use or operation of said vehicle. Every accident must be immediately reported by the Renter in writing to the proper policy authority and to the station from which the vehicle is rented, and in any event within twenty-four hours after the accident. The Renter or Driver must immediately deliver to the station from which the vehicle is rented or to Lessor’s insurer, every process, pleading or notice of any kind relating to any and all claims, suits and
proceedings received by the Renter or Driver. The Renter or Driver shall not in any manner, aid or abet any claimant, but shall cooperate fully with Lessor and its insurer in all matters connected with the investigation and defense of any claim, suit or accident, and provide to Lessor a copy of police report at renter’s expense within two days from when report is available.
6. LOSS DAMAGE WAIVER (“LDW”): If Renter accepts LDW as evidenced by his initial in the place provided on the other side of this agreement, and fully pays the same, then Renter’s liability to Lessor for damage to the vehicle caused by a collision shall not exceed the deductible amount provided. Renter is not otherwise in default of any term or condition of this agreement. Renter acknowledges that LDW is not insurance and that his insurance shall remain primary, even if he accept LDW.
7. Renter agrees that if Renter has breached this Agreement in any way or manner or if Renter has not returned said vehicle to the station from which is was rented within the time and date herein agreed upon for its return, upon demand of Lessor, or if the vehicle is abandoned; Lessor may, in its sole discretion, repossess and recover the vehicle without the necessity of official legal process or procedures. Renter agrees that Lessor may use self-help of any peaceful and reasonable nature in attaining the prompt return of its vehicle under said condition of breach of Renter. Renter will bear any and all expenses incurred by the Lessor in attempting to locate, repossess and recover said vehicle, and hereby waives any and all recourse against the lessor or other person for any damage or claim, including but not limited to, Renter’s arrest or prosecution, even though Renter may consider such arrest or prosecution to be false, malicious and unjustified.
8. In addition to any remedy provided for herein, should Renter fail to return the vehicle after the stated return date, is !ability for use and millage shall continue at double the per diem rate, and double the millage rate, until the vehicle is returned to Lessor.
9. Renter hereby authorizes, directs and instructs, Lessor or its representatives to process one or more credit card vouchers in Renter’s name for any and all charges or liability for which Renter is respirable under the terms and conditions of this Agreement, whenever incurred; including the default penalty provisions herein. This Renter Agreement may be used as a credit card voucher.
10. In the event Renter uses the vehicle in contravention to or in violation of any term or condition of Paragraph 3 of this agreement, or fails to report any accident in accordance with Paragraph 5, Renter shall be liable for all loss or damage to such vehicle, regardless of whether Renter has accepted collision damage waiver.
This Agreement may not be assigned or transferred by Renter.
Lessor is not responsible for loss, damage or theft of any property, whatsoever of Renter or any third party which is left, stored, loaded or transported by Renter
or any third person in or about the vehicle, any service vehicle, or left at Lessor’s premises or with any agent of Lessor, Renter hereby agrees to
indemnify and hold harmless Lessor and its agents from any claim for loss or damage to such property including costs and attorney’s fees incurred through the appellate level.
13. Lessor shall not be liable for any indirect or consequential damages in connection with or arising out of the use or operation of the Vehicle or this Agreement. IN THE EVENT THAT ANY PORTION OF THIS Agreement is declared invalid, it shall be severable and the remainder shall continue in full force and effect.
14. Lessor’s remedies provided hereof are cumulative, and if Lessor elects not to enforce any right it has at any time, such temporary waiver shall not be deemed a waiver of such right, or any right arising therefrom.
15. This Agreement shall be construed according to the Laws of the State of Florida. Renter hereby waives any and all right to trial by jury and expressly submits to the jurisdiction and venue of the Courts in Miami-Dade County, Florida; or the United States District Court for the Southern District of Florida; for any action commenced in connection with any injury or the use of operation of the vehicle of other matter under this Agreement, regardless of the physical location to the accident or breach of this Agreement. In any legal proceeding predicated upon or arising from this Agreement, the prevailing party shall be entitled to an award of necessary costs and reason- able attorney’s fees, including any appellate costs and fees.
16. LOSS OF USE OR VEHICLE DOWN TIME CAUSED BY THE VEHICLE BEING DAMAGED OR STOLEN, AND BEGIN REMOVED FROM THE RENTAL FLEET, WILL BE BILLED AT A RATE EQUAL TO THE DAILY RENTAL RATE AND WILL CONTINUE WHILE THE VEHICLE IS BEING REPAIRED AND IS OUT OF SERVICE AS A RESULT OF THE DAMAGE OR LOSS OF PARTS REGARDLESS OF FAULT. RENTAL WILL CONTINUE IN FORCE AND WILL BE BILLED UNTIL THE VEHICLE IS REPAIRED AND AVAIL- ABLE FOR RENTAL.
17. In the event of an accident or damage to vehicle and/or renters refusal to report said accident or damage to renters insurance company, Bullet Automotive Group LLC is authorized to contract renters listed automobile insurance carrier or any other insurance carrier or renter directly to report a claim and seek recovery of any and all damages to the vehicle and downtime suffered due to lack of use of the vehicle as a result of the damages. This clause in way limits Bullet Automotive Group LLC other remedies in law or equity or to pursue the renter individuality for said damages.