• These Terms and Conditions , the rental document signed by you, and a return record with computed rental charges together constitute the rental agreement between you and Wheelers Accessible Van Rentals , or the independent Wheelers system dealers identified on the rental document.
• I rent from you the car described on the rental document and I agree to its terms and to the terms below and on the other panels of this rental document provided any such term is not prohibited by the law of a jurisdiction covering this rental in which case such law controls. I, Me and my refer to the person who signs and is mentioned on this agreement, you and your refers to Wheelers or the Independent Wheelers dealer.
• When I'll Return The Car . I'll return the car on the date indicated on the rental document. I'll return it sooner on your demand.
• Where I'll Return the Car . The car will be returned to the agreed return location named on the rental document. A rate change or special charges may apply if returned to a different location. I will pay for any and all charges of getting the vehicle returned to your location when I return the car to a different location than I have agreed to on this rental document.
• Rental Charges . I will pay for the number of miles I drive and the length of time I rent the car at the time and mileage rates indicated on the rental document. The minimum charge is one day, even if the rental is less than 24 hours, plus mileage, or a fixed fee. Miles determined by reading the factory-installed odometer. Daily charge applies to calendar days. I'll pay charges for miscellaneous services, which apply, to the rental.
• Taxes . I'll pay all sales, use, rental, and excise taxes-related surcharges.
• COLLISION Damage Waiver . Collision Damage Waiver (CDW) is available only where permitted by law. If I accept CDW at the indicated daily rate, and the car is operated in accordance with this agreement, I assume all loss or damage to the car up to the amount shown on the rental document and then you accept responsibility for all other loss or damage above that amount. If I do not accept CDW, I owe for all loss or damage to the car, loss and damage are described in the following paragraph and include theft and vandalism. I acknowledge I have been advised that my own insurance may cover loss or damage.
• Damage/Loss To The Car . If the law of a jurisdiction covering this rental requires conditions on CDW that are different than the terms in this agreement. That law prevails. If PDW is not available, or if CDW is available and I do not except it, I owe for all loss or damage due to the car regardless of fault (unless ordinary negligence is prohibited by law.) Whether due to collision, vandalism or any other cause except accidental fire or explosion, or natural causes. If the car is stolen or damaged, I'll pay its retail fair market value before theft or damage less salvage, unless Wheelers repair costs plus the diminution of the car's value after repairs is less and you are not required by law to salvage the car, in which case I'll pay the latter amount. I'll also pay loss of use based on reasonable downtime or a specified by law. Plus a reasonable administrative fee determined by you or specified by law (except for the theft where the car is not recovered), plus towing and storage charges. All of which are also part of the "loss" whether or not I accept the Partial Damage Waiver, or if partial damage waiver is not available, I'm responsible for the loss if I or an additional driver authorized or not 1) abuse the car or violate prohibited us or operation; 2) drive recklessly or while under the influence of alcohol or a controlled substance 3)fail to promptly report an accident to police and Wheelers 4)fail to complete an accident report; 5) obtained the car through fraud or misrepresentation; or 6) use the car for an illegal purpose. If my responsibility for loss or damage is covered by my own insurance or my charge card issuer, I will identify my insurer and policy number or card issuer and its insurer. I authorize you to collect the loss directly from the insurer. I authorize you to collect the loss from a third party responsible for the damage. You will refund any sum you collect above the loss.
• Fuel Service Charge . I agree to fill the fuel tank prior to the returning the vehicle to its location. If I do not fill the fuel tank I will be charged a refueling fee equal to that of the gallons or portion of gallon that is required to fill the tank at a fee determined by you.
• Special Charges . If I represent I'll return the car to another location, I may have to pay "pickup and/or delivery fee" shown on the rental document. If I return the car to a location different from agreed return location without your written permission, I will pay an "unauthorized return location fee" minimum fee is $85. If this fee is higher by multiplying normal mileage rate by distance between renting location and actual return location, I will pay a higher fee. I will pay a reasonable fee for cleaning the vehicle's interior upon return for excessive stains, dirt or soilage attributable to my use.
• Windows, Tires, Fines and Expenses . I'll pay for any cracks, chips or broken windows during my rental, I will pay for repair or replacement of flat tires and I will pay all fines, court costs and recovery expenses for parking, traffic and other violations, including storage liens, and charges, including reasonable administrative fee with respect to the use of the car while on rental to me.
• Vehicle Breakdowns . I acknowledge that vehicle breakdowns are out of your control and I will not require you to adjust your fees in the event that your vehicle breaks down during my rental period. If you are able to replace my rental vehicle with another vehicle you will do so, however you are not required to do so. You will assist me in whatever way you can, but I will not hold you responsible for the vehicle's malfunction.
• Error In Rental Charges . The charges shown on the return record are not final and are subject to recalculation. I will pay any under-charges and I will receive a refund for any overcharges you discover on review.
• Prohibited Use of the Car . I will not use or permit the car to be used to carry passengers or property for hire. To tow or push anything. To be operated in a test, race or contest or on unpaved roads, or while under the influence of alcohol or a controlled substance or for an illegal purpose including the transportation of a controlled substance or contraband or outside of the U.S.A. A violation of this paragraph automatically terminates my rental, makes me liable to you for all the penalties, fines, forfeitures, liens and recovery and storage costs, including all related legal expenses.
• Who Else May Drive the Car? Only my spouse, my employer or a regular fellow employee incidental to business duties or someone who appears at the time of rental and signs an additional driver form, may drive the car, but only with my prior permission. The additional driver must be at least 23 years old and a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, unless prohibited by law covering this rental.
• Liability Insurance . I represent and warrant that I am currently insured, with at least minimum coverage and provisions required by state law for automobile bodily injury, property damage liability, (including personal injury protection, no fault and uninsured motorist coverage where required by law) and Renter's policy further provided comprehensive and collision for a rental vehicle. I understand that my insurance is considered the primary source of insurance. I also understand that your insurance is only available after any other insurance available to me is exhausted. (a) unless required by statute, I understand that you do not provide supplementary no fault, non compulsory uninsured, or under insured motorist coverage or any other optional coverage (b) your coverage limits are equal to the minimum requirements of the vehicle financial responsibility laws of the state of jurisdiction in which vehicle is used, and that such coverage shall be excess to any other applicable insurance. Beyond such laws , you do not provide insurance coverage to me, or to any other person using, operating or maintaining the vehicle described herein. (c)I agree to cooperate fully in the investigation and defense of and to deliver promptly to you every document relating to any accident, claim or lawsuit. Insurance coverage is not provided when vehicle is taken into Mexico . However, vehicles are prohibited from entering Mexico .
• Indemnification . I agree to indemnify you for any loss, liability and expense that you incur arising out of the use of the car (a) which exceeds the greater of your statutory liability as an owner or the limits of any liability insurance that you furnish to me. (b) which results from any unauthorized use or prohibited operation of the car. If the rental takes place at a location operated by a Wheelers system dealership and a claim relating to this transaction is made by you against Wheelers, Wheelers affiliates, sister companies or any other company which is part of Wheelers corp. that alleges unfair deceptive or unconscionable conduct that renting Wheelers dealership agrees to indemnify and hold Wheelers Accessible Van Rentals and Wheelers subsidiaries harmless against such claim, including the related costs and expenses.
• Repossessing the Car . You can repossess the car anytime it is found illegally parked, being used in violation of the law or the terms of this agreement, or appears to be abandoned. You can also repossess anytime you discover I made a misrepresentation to obtain the car. You needn't notify me in advance.
• Collections/Disputes: . All charges, fees, and expenses, including payment for loss of or damage to the car, are due at your demand. If I do not pay all charges when due, I agree to pay a late charge of 1 ½ per month, or as permitted by law on the past due balance. I will pay any collection costs, including a service charge for any check, which is not honored by a financial institution and your reasonable attorney's fees. If I don't pay any amount when due, if the law permits, you may contact me or my employer at my place of business about payment. I agree not to dispute any charges to my credit card regarding this rental. Should I decide to dispute, I agree to pay a fee of $150 to you in the event I lose the dispute?
• Charge Card Reserve . I have been informed that my credit, up to an amount of the estimated total charges due under this agreement, based on my representation about this rental, may be set aside or reserved by the charge card issuer whose card I present in payment of my bill. I consent to the reservation or setting aside of that amount.
• Property left in the car . You are not responsible for loss of or damage to any property left in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I'll be responsible to you for claims by others for loss or damage.
• Meaning of Car . The word "car" in this agreement means the vehicle rented or its replacement includes tires, tools, equipment, accessories, plates, and documents.
• Cancellation/Early Returns. Any change in this rental agreement or your rights must be in writing and signed by your president or a vice president. I cannot cancel this reservation with less than 14 days notice without being charged. I can return the vehicle early, but you are not obligated to refund me any money. You reserve the right to cancel this reservation without prior notice under circumstances beyond your control. |
