The Rental Agreement is a contract. We urge you to read it entirely. Bargain Rent A Car of Lee County, Inc Rental Contract We agree to rent to you on the following terms: 1. The Parties and Other Terms. "We" "us", or "our" means the BARGAIN RENTAL franchisee named in the Rental Agreement. "Vehicle" is the vehicle described in this Agreement, any replacement, and all its equipment, tires, tools, keys and documents. "You" means the renter, any person who signs the rental agreement, any authorized driver as defined by the law of this state, any driver authorized by us to operate the Vehicle, and any other person to whom charges are billed. All persons designated as "you" are jointly and severally liable under the terms of this Agreement. The "Agreement" means this complete form, plus the Rental Agreement, and any other papers we give you at the time of rental. "Rental Period" includes the time specified in this Agreement, and any additional time you keep the vehicle, whether authorized by us or not. Unless otherwise provided by the law of this state, "loss of use" means the Product of the daily rental rate shown on the reverse side of this page and the estimated number of days between the date of damage to the Vehicle and the date the Vehicle is ready to return to rental service or is replaced. 2. Ownership. Condition and Repossession. You are authorized to use the Vehicle only for the time period as specified in the Agreement. Without our prior written consent you may not keep the Vehicle any longer. You acquire no other interest or rights in the Vehicle, and you may not re-rent it to anyone else. We have the right to repossess the Vehicle at your expense, without notice to you, if it is abandoned, lost, stolen, illegally parked, kept beyond the due-in date without notice to us, rented to you based on false or fraudulent information given to us at the time of rental, not returned to us within 24 hours of our demand to return it, or if you otherwise breach this Agreement. 3. Return of Vehicle. You will return the Vehicle to us, during our regular business hours, at the location and on the date specified in this Agreement and in the same condition as you received it, ordinary wear and tear excepted. If you do not return the Vehicle to the location specified in this Agreement, you will pay us, where allowed by law, a minimum drop-off charge of $50, plus $5 per mile for each mile between the actual drop-off site and the location specified in this Agreement, plus any additional recovery expenses we incur. If you fail to return the Vehicle for any reason, regardless of fault, you must pay us its retail fair market value, and reimburse us for loss of use of the Vehicle, as well as our administrative expenses incurred in locating and returning it to the renting location. If the Vehicle is returned with damage you must pay us our repair costs, loss of use of the Vehicle while it is being repaired our administrative costs, and our recovery costs and expenses. If the law of the state where the rental transaction occurs limits our recovery for failure to return the Vehicle or for damage to the Vehicle, you will pay us for all damage or loss up to the amount permitted by law. You release us from all liability for any warrants, criminal reports or prosecutions or self-help we may take against you in connection with the rental, operation and return of the Vehicle. 4. No Agency or Warranties. This transaction is for the rental of personal property. You are not our agent. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. 5. Repairs and Service. You are responsible for observing the condition of the Vehicle. All repairs or service to the Vehicle must have our prior approval. 6. Fluid Levels. You are responsible for checking and maintaining proper fluid levels of the vehicle. You agree that operation of the Vehicle with low fluid levels may cause damage to the Vehicle and that your failure to maintain proper fluid levels constitutes intentional damage to the Vehicle for which you will be responsible. 7. Only Authorized Drivers May Operate Vehicle. The Vehicle may only be driven or operated by the renter, additional drivers authorized by us in this Agreement, or authorized by the law of the state where the rental transaction occurred. All drivers must be licensed and at least 21 years of age unless the law of the state where the rental transaction occurs requires otherwise. 8. If You Damage the Vehicle You are responsible for, and will pay us on demand for, the loss of the Vehicle or all damage to the vehicle for which we are entitled by law to recover. 9. Damage Waiver. Where allowed by law, you have the option of purchasing Damage Waiver (DW) from us. If you purchase DW at the time of rental, you must pay for it when you return the Vehicle in order for it to be effective. DW covers only damage caused by collision or upset, and you remain responsible for all damage to, and loss of use of the Vehicle caused by theft, fire or acts of nature, unless the law of this state requires otherwise. If you commit any of the acts listed below under Breaches of this Agreement, where allowed by law, you will void the waiver. You will also void the waiver, where allowed by law, if you fail to call the police to the scene of any accident involving the vehicle, you fail to report all accidents and incidents of theft or vandalism to us and to the police within 24 hours of occurrence or upon discovery, or you fail to pay all the rental charges, including the cost of DW when the Vehicle is returned to us. 10. Breaches of this Agreement. If you commit any one of the following acts, you will have breached this Agreement, will be held liable for damages for such breach, and, where allowed by law, will void any damage waiver you purchased:(a) transportation of persons or property for hire. (b) participation in a race speed test or contest. (c) using the vehicle for an illegal purpose or under any circumstance that would constitute a violation of law. (d) operation of the vehicle in a reckless , willful, or wanton manner . (e) operation of the Vehicle on unpaved road (f) intentionally causing damage to the Vehicle. (g) teaching anyone to drive. (h) pushing or towing anything except as specified elsewhere in this Agreement, and then only with a coupling device that is approved by us; (i) driving through or under an underpass or other structure without sufficient clearance; (J) operation of the Vehicle to an unauthorized driver; (k) operating the ~ vehicle under the influence of drugs or intoxicants; (1) using the Vehicle to transport hazardous or illegal material; (m) tampering with or disconnecting the Vehicle odometer; (n) taking the vehicle outside the geographic area authorized in this Agreement or taking the Vehicle Outside the United States; (o) transporting more passengers than the number of seat belts, or transporting passengers outside the passenger compartment; (p) operating the Vehicle when it is reasonable to expect the operator to know that further operation would damage it; (q) loading the Vehicle beyond its rated capacity; (r) transporting children without approved child safety seats where required by law; (s) operating the Vehicle with low fluid levels; (t) causing damage to the freight box of the Vehicle due to inadequately secured cargo; (u) damaging a manual transmission due to improper shifting or due to lack of experience with manual transmissions; (v) obtaining the Vehicle from US by means of false, fraudulent or misleading information; (w) or, driving the Vehicle into a stationary object. 11. When You Are Required to Call the Police. You must report all incidents of theft or vandalism to the police as soon as you discover them. You will call the police to the scene of any accident involving the Vehicle. You will report to us all accidents and other kinds of damage within 24 hours after they occur or you discover them. 12. Your Insurance is Primary: Ours is Secondary. You represent to us on the other side of this form that you carry automobile liability insurance in at least the minimum amounts prescribed by law. Your automobile insurance, including liability for bodily injury and property damage, no-fault, uninsured motorists, collision and comprehensive, will be used to pay any damages due third parties as well as to cover damage to, or loss of the Vehicle incurred during the Rental Period. We provide liability insurance through a basic automobile liability policy or in accordance with the requirements of a qualified self-insurer (the "Policy"). The Policy is in excess to your insurance unless the law of the state in which the rental transaction occurs requires the Policy to be primary. The Policy provides only the minimum limits prescribed by the financial responsibility laws of this state and where state law allows us to elect not to carry uninsured motorists coverage or no-fault or other coverages, we have so elected. The Policy does not cover liability imposed by any worker's compensation or similar statute and is void in Mexico. The Policy may not cover you, if you do not cooperate in any investigation, or if you fail to report claims or suits to us or our insurer in a timely manner. You will indemnify us for all losses in excess of available insurance that we are obligated to pay to any other person because of your negligence. 13. What You Owe Us. You will pay us, on demand, all rental charges due us under this Agreement that are allowed by law, including, but not limited to: (a) all time and mileage charges for the Rental Period; (b) charges for additional drivers; (c) drop-off fees if you return the Vehicle to a location different from where you picked it up; (d) charges for a Damage Waiver, when offered and purchased; (e) charges for Personal Passenger Protection and Personal Accident and Cargo, if you elected to purchase it; (f) charges for gasoline used if you return the Vehicle with less gasoline than when rented; (9) applicable sales, use and other taxes; (h) the cost of the loss of, or damage to, the Vehicle, which is the cost of repair, or actual cash value of the Vehicle if it is not repairable, plus loss of use of the Vehicle and our administrative and recovery costs; (i) our costs of locating and recovering the Vehicle if you fail to return it; (J) fines, penalties, forfeitures, court costs, parking tickets, towing charges, storage fees, and any other expenses assessed against us or the Vehicle during the Rental Period unless these expenses were our fault, (k) any amounts we pay in excess of available insurance which we pay because of your negligence; (1) all pre- and post judgment costs including attorneys' fees we incur collecting payments due from you, (m) a mileage charge based on our experience if the Vehicle odometer has been damaged or disconnected (n) interest of 2% per month (or the highest amount allowed by law if lower) on all amounts due us that are not paid when the Vehicle is returned or when this Agreement is terminated, whichever occurs first; and, (o) a late fee equal, to 5% of all amounts due us that are not paid when the Vehicle is returned or when this Agreement is terminated, whichever occurs first. 14. Attorneys' Fees. Where permitted by law, you will reimburse us for all attorneys' fees we incur (a) in any action we bring against you to enforce our rights under this Agreement; (b) in any action we bring to collect a judgment against you; and, (c) in any appeal(s) from (a) or (b), above, regardless of the identity of the party making the appeal. 15. Deposit. We may use your deposit to pay any amounts owed to us by you. 16. You Are Responsible for Parking Tickets, Other Fines and Fees. You are liable for, and will indemnify us against all fines, towing, booting expenses, court costs, penalties, forfeitures or administrative fees that we incur for parking, traffic and other violations incurred by you during the Rental Period. You are liable for all fuel, weight and road use permits. 17. We are Released from All Personal Property Claims. You release us, our agents and employees from all claims for loss of, or damage to, any personal property that we received, stored, handled, or that was left or carried in or on the Vehicle or in any of our service vehicles or offices, whether or not we are negligent or otherwise responsible for loss or damage. 18. Release from Special Damages. You release us from all liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. 19. Changes to this Agreement Require our Prior Written Approval. This Agreement may not be changed or modified unless we give our prior written approval. You may not keep the Vehicle beyond the due-in date specified without our approval _ and without returning it to us for our inspection prior to an extension of the due-in date. 20. Enforceability. If any provision of this Agreement is unenforceable, the remaining provisions are valid and enforceable.
You are also bound by the following:
You the Customer May Not:
· Let anyone else drive the vehicle unless they are an authorized driver. · Drive the vehicle on rough or un-maintained roads. · Drive the vehicle without a seatbelt. · Repair or service the vehicle without permission of the rental agency. If the Vehicle is Damaged You, the Customer Must: · Notify the rental agency and police immediately. · Fully cooperate with the rental agency and their agent in the claim handling. · Immediately notify your insurance carrier or credit card coverage provider. · Notify the rental agency with the claim information. Responsibilities of You - the Customer: · All the terms and conditions in the rental agreement. · The vehicle's condition until physically accepted or inspected by a car rental employee/rental agent, even if I choose to use an express check-in type procedure. · To fully compensate rental agency for all damage to the vehicle, regardless of fault, cause, or knowledge of when and how damage occurred. · To return the vehicle at the date/time shown on the rental agreement, or after 72 hours may be the subject of possible arrest or prosecution for theft. The Financial Obligation of You - the Customer will be Valued as Follows:  DAMAGES will be based upon a reasonable estimation using insurance industry standards or the actual cost of repairs or a combination of both if the repairs do not reflect the actual damages sustained.
TOTAL loss vehicles will be based on Manufacturer's Suggested Retail Price on new/current model year vehicles, less 15 cents per mile under 12,000 miles and 12 cents per mile on 12,001 miles and over. Older vehicles will be valued by an acceptable means of vehicle evaluation, i.e. N.A.D.A., computer evaluation vendor and the like; less salvage proceeds. SALVAGE will be valued by either actual sale of the vehicle or the highest of 5 estimates. LOSS OF USE is calculated by the number of labor hours, divided into 4 hour work days, plus weekend days and 3 administrative days. Windshield replacement requires 2 days for the urethane adhesive to dry, as the windshield is a structural component of the vehicle. ADMINISTRATIVE FEES are for the processing of damage claims and are charged as follows: $0 to $100 = $0 fee $101 to $500 = $50 fee $501 to $1,500 = $100 fee $1,501 and above = $150 fee
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