Scope of Use
1. Renter will use the Rented Vehicle only for personal or routine business use and operate the Rented Vehicle only on properly maintained roads and parking lots.
2. Renter will comply with all applicable laws relating to holding licensure to operate the vehicle and pertaining to operation of motor vehicles.
3. Renter will not sublease the Rental Vehicle or use it as a vehicle for hire.
4. Renter will not take the vehicle anywhere out side of Canada, if the car is sensed only in the United States, there will be a charge of $150 per day and insurance will not be applicable. Not any other location is allowed.
5. Renter needs to deliver the car at before or exactly at the time that is mentioned in the contract. Up to one Hour delay would cost $30 CAD, more than one hour and up to three hours would cost $80 CAD, any delay more than 3 hours would cost exact amount of One day rental fee as per the contract for the customer. If the customer doesn’t inform the rental company or return the car later that mentioned date without notifying the owner, any extra day without a confirmation would be an additional charge of $100 CAD plus the rental fee for number of days till rental company get the car back.
6. If in any crucial circumstances such as: denial of response by the renter after the listed delivery time, or lying about the location of the car as GPS shows to the owner or any other situation , Owner or their representative has right find the car and take the car without notifying the renter. All costs of delivery and any extra charges that come up as per this issue are fully on Renter responsibility and will be deducted from their deposit and if exceeds the amount of the deposit, Owner has right to charge the renter credit card on file and if it won’t work, Owner/The company has the right to open a claim file with collection company and another extra charge of $500 CAD would apply on renter for this matter.
Motor Vehicle Liability Insurance
Except to the extent required by the motor vehicle financial responsibility laws of the applicable province, state, or otherwise by law, Owner does not provide insurance coverage or motor vehicle financial responsibility to Renter, AAD(s), passengers or third parties through the Contract. If liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable state or provincial motor vehicle financial responsibility law, such insurance is primary and Owner extends none of its insurance or motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Contract and if Owner is obligated to extend its insurance or motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s obligation is limited to the applicable provincial or state minimum financial responsibility amounts. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. To the extent required by law, Owner’s insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. Owner does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties. Owner’s financial responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. Owner or affiliates financial responsibility does not provide coverage for nor extend to 1. Punitive or exemplary damages (these include damages which may be imposed to punish a wrongdoer or deter others from similar conduct).; 2. Fines; 3. Penalties; 4. Treble damages; or 5. Multiplied or multiple damages imposed upon any permissive operator. This punitive damage exclusion shall further apply to any claim for uninsured or underinsured motorist coverages. There is no coverage for any costs, interest, or damages attributable to punitive or exemplary damages. .
Accidents
Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter, AAD(s) and all other parties seeking benefits pursuant to this rental contract shall cooperate fully with Owner and its representatives. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. Cooperation shall Include, but not be limited to, consent to: (i) examinations under oath at Owner’s or Owner’s representatives’ request and furnishing a signed statement of testimony. and; (ii) request for statements, written or oral, and/or other matters Owner or its representatives deems related to the adjustment of any claim, suit or proceeding: Vehicle may be equipped with an Event Data Recorder or similar device (EDR), infotainment system and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit or legal proceeding
Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs.
Except to the extent restricted, modified or limited by provincial or state law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is not returned, stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of the Contract, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by provinces, states, counties and other governmental and/or airport authorities. Renter agrees to pay a sum for loss of use, regardless of fleet utilization
Power of Attorney
Renter hereby grants and appoints to Owner a Limited Power of Attorney:
a. to present insurance claims of any type to Renter’s insurance carrier if:
(1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
(2) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.
b. to endorse Renter’s name to entitle Owner to receive insurance payments directly for any such claims, damages, liabilities or rental charges.
Indemnification
1. Renter agrees to indemnify, defend, and hold harmless the Owner for any loss, damage, or legal actions against Owner as a result of Renter’s operation or use of the Rented Vehicle during the term of this Car Rental Agreement. This includes any attorney fees necessarily incurred for these purposes.
2. Renter will also pay for any parking tickets, moving violations, or other citations received while in possession of the Rented Vehicle.
Representations and Warranties
1. Owner represents and warrants that to Owner’s knowledge; the Rental Vehicle is in good condition and is safe for ordinary operation of the vehicle.
2. Renter represents and warrants that Renter is legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner.
3. Renter has been given an opportunity to examine the Rental Vehicle in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the vehicle other than that notated by separate Existing Damage document.
Roadside Assistance
For roadside assistance in the Canada call 1-800-222-4357 , 1-416-222-5222 and you will be connected to a third-party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.
Jurisdiction and Venue
1. In the event of any dispute over this Agreement, this Car Rental Agreement will be interpreted by the laws of CANADA, and any lawsuit or arbitration must be brought in the corresponding region of Ontario. If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the Agreement would still have full force and effect.
Collection Company Fee
If renters deny paying any extra fees or charges left behind which was mentioned in the contract and tend to not pay, it will be send to Collection Canada and an additional charge of $500 CAD per claim will be applied to the contract.
*If in the duration of the rental, rental office receives a speeding notifications for the vehicle rented there will be a charge of 50$ per each speeding notification plus the ticket he/she received for that speeding*
Security Deposit
Renter will be required to provide a security deposit to Owner in the amount of $800 CAD to be used in the event of loss or damage to the Rental Vehicle during the term of this agreement. Owner may, in lieu of collection of a security deposit, place a hold on a credit card in the same amount. In the event of damage to the Rental Vehicle, Owner will apply this Security Deposit to defray the costs of necessary repairs or replacement. If the cost for repair or replacement of damage to the Rental Vehicle exceeds the amount of the Security Deposit, Renter will be responsible for payment to the Owner of the balance of this cost. Owner has right to keep ET deposit for 25 business days, or put a hold on the renter’s credit card for any further expenses such as fines, tolls, tickets or any other costs applied during the term of this contract. The renter can pick up the money later from the same location. If the mentioned expenses exceed $250 CAD, owner has right to take the remaining out from the renter’s credit card. If GPS shows the renter used toll routs, owner has right to charge $35 CAD per entrance in these routs and keep more than $250 CAD depending how many times and how long they used toll roads. If the renter does not pick up their deposit it will be given to the rental company after 60 days.
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