Last updated October 26, 2022

Rental Agreement Terms and Conditions

Definitions, “Agreement” means all terms and conditions found in this Rental Agreement, in the

enclosing document Jacket, any vehicle inspection form, and any addenda or any additional

documents you sign or we provide at the time of rental. “You” or your” means the person

identified as the renter in this Agreement, each person signing this Agreement, each Authorized

Driver, and each person or organization to whom charges are billed by us at it’s or the renter’s

direction. All persons referred to as “you” or “your” are jointly and severally bound by this

Agreement. “We”, “our” or “us” means MTNRD Auto Rental. “Authorized Driver” means the renter

and each additional driver listed by us in the Agreement, as long as each such person has a valid

driver’s license and are at least age 21. Only Authorized Drivers are permitted to drive the Vehicle

and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle

documents. The Vehicle may be equipped with an electronic locator device, which gives us or our

agents or representatives the ability to find the Vehicle, and to disable it when we deem necessary.

The Vehicle may also be equipped with a telematics system and/or event data recorder, and privacy

is not guaranteed with respect to any data collected or supplied by such equipment related to your

use of the Vehicle. “CDW” means Collision Damage Waiver. “Collision Damage” means damage to, or

loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires,

wheels, or windshields or any comprehensive damage such as damage to or loss of the Vehicle due

to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other loss not caused

by collision or upset.

 

“Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage or to

the loss of it during this rental, including uses other than for rental, such as display for rent, display

for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. “Diminished

Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the

Vehicle after repair or replacement. “TWWD” means Tire, Wheel, and Windshield Damage Waiver.

“Vehicle License Fee” means our estimate of the average per day per vehicle portion of our total

annual vehicle licensing, titling, and registration costs.

 

Rental, Personal Property, Indemnity and Warranties.

This Agreement is a contract for rental of the Vehicle. We may repossess the vehicle at your

expense without notice to you, if the Vehicle Is abandoned or used in violation of law or this

Agreement. We have the right to monitor the Vehicle through remote tracking devices and disable

it when we deem necessary. You release us, our agents and employees from all claims for loss of or

damage to your personal property, or that of another person, that we received, handled or stored,

or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or

not the loss or damage was caused by our negligence or was otherwise our responsibility. You agree

to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and

attorney fees we incur resulting from, or arising out of, this rental and your use of the vehicle.

 

Condition and Return of Vehicle.

You must return the Vehicle to our rental office or other location that we specify, on the date and

time noted in this Agreement and in the same condition that you received it except ordinary wear.

If the Vehicle is returned after closing hours, you remain responsible for the loss of it and all

damages to it until we inspect it upon our next opening for business, regardless of when such loss

or damage occurred, and Charges may continue to accrue until that time. Service to the Vehicle or

replacement of parts or accessories during the rental must have our prior written approval. To

extend the Rental Period, you must first obtain our approval by contacting our rental office before

the due-in date. You must check and maintain all fluid levels, and return the Vehicle with at least

the same amount of fuel as when rented, unless you purchase a prepaid fuel option.

 

Reservation Extensions.

When booking a reservation in real time, the subjected rate for that time period is the rate that will be honored for the original dates booked and is subject to change for future reservations, extensions and alterations of any reservation. When a rental period extension is requested and/or altered, the original booking rate can be subject to change and is not guaranteed. The new rates changes will be applied to the renters account and the previously booked rate cannot be honored at no fault of our own. The new and updated and/or adjusted rate must be paid by the vehicle renter despite the previous non extended rental price or we reserve the right to cancel the reservation in question.

 

Responsibility for Damages or Loss; Reporting to Police; Responsibility for Tolls and Traffic Violations.

Regardless of fault you are responsible for all damage to, or loss or theft of the Vehicle

including damage caused by weather, road conditions and acts of nature. Your responsibility will

include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the

Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) If we determine that the

Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the

damage and the value immediately after the damage; or (B) the reasonable estimated retail value

or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying

your daily rental rate either by the actual or estimated number of days from the date the Vehicle is

damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss

of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair

estimate as follows, which you agree is reasonable: $0-$250 damage=$50 fee; $251-$500

damage=$75 fee, $501-$750 damage=$100 fee, $751-$1500 damage=$150 fee: $1501-$2500

damage= $200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and

other reasonable incidental and consequential damages; and (e) all costs associated with our

enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees,

and costs whether or not litigation is commenced. You must report all accidents or incidents of theft

and vandalism to us and the police as soon as you discover them. You will also pay us, the

appropriate government authorities, or a third-party collection firm (“Collector”) of our choosing for

all parking, traffic, and toll violations, toll evasion fines, citations, other fees, fines, penalties,

forfeitures, court costs, towing and storage charges and other expenses occurring during the rental

period and assessed against us or the Vehicle that you failed to pay to the charging entitles. You

herby authorize us to release your rental and charge card information from this rental to the

Collector. If we or the Collector pay a toll or violation, you authorize us or the Collector to charge all

such payments, service fees and administrative fees to the payment card you used in connection

with this rental. In addition to amounts owed to government authorities, you will pay us or the

Collector an administrative fee not to exceed $50 for EACH such unpaid violation processed by us or

the Collector.

 

Prohibited Use of the Vehicle; Collision Damage Waiver; Tire, Wheel, and Windshield Damage Waiver.

The following uses of the Vehicle are prohibited: (a) operation of it by a person who is not an

Authorized Driver or whose driving license is suspended in any jurisdiction; (b) operation of it by any

person under the influence of a prescription or non-prescription drug or alcohol; (c) its use for any

illegal purpose or under any circumstance that would constitute a violation of law, or during the

commission of a crime other than a minor traffic violation; (d), carrying persons or property for hire,

while pushing or towing anything, or carrying anything on the roof, or in any race, speed test or

contest, or while teaching anyone to drive; (e) carrying dangerous or hazardous items or illegal

material; (f) use of the Vehicle outside the geographic limitations described in the Agreement; (g)

driving on unpaved roads; (h) transporting more persons than the Vehicle has seat belts, carrying

persons outside the passenger compartment, or transporting children without approved child safety

seats as required by federal and state law; (i) low Vehicle fluid levels or any other condition when it is

reasonable to expect you to know that further operation would damage the Vehicle; (j) Inadequately

secured cargo; (k) operation of it by anyone who lacks experience operating a manual transmission,

where applicable; (l) your willful, wanton or reckless act or misconduct; (m) when loaded beyond its

capacity as determined by the Vehicle manufacturer (n) when the odometer has been tampered with

or disconnected; (o) after an accident with the Vehicle unless and until you summon the police to the

accident scene; (p) carrying any animal (other than a service animal); (q) in or through any structure

or underpass where there is insufficient clearance (width or height); or (r) by anyone who is sending

an electronic message, including text [SMS] messages or emails, while operating the Vehicle. Smoking

in the Vehicle is also prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND

VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).

 

If we offer, and you purchase, CDW and/or TWWD, we waive our right to collect from you for all or a

portion of Collision Damage or tire, wheel and windshield damage to the Vehicle as noted on the Rental

Agreement. We will not waive this right if you fail to notify us and the police of an accident or

vandalism involving the Vehicle, or if you provided false, misleading or fraudulent information to us,

or if damage to the Vehicle results from or during any of the Prohibited Uses set forth above. CDW

and TWWD are not insurance, are optional, and may duplicate coverage under your own insurance

policy or credit card. CDW and TWWD do not apply to optional equipment (“Optional Equipment”). If

you use the Vehicle for a prohibited use described above, any CDW and TWWD purchased by you will be

invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to

the Vehicle. In addition, CDW and TWWD may be invalidated if the Vehicle is stolen and you fail to

return the Vehicle keys or ignition devices that we gave you at the start of the renal. Notwithstanding

the purchase or other availability of CDW, TWWD, or any other coverage that you may have, you agree

to cooperate with us or our assignees in the investigation of any damage incident or claim of any size.

Failure to do so may invalidate optional protection that you purchase, Including CDW and TWWD.

 

Insurance: You are responsible for all damage or loss you cause to others. You agree to provide auto

liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law

requires us to provide auto liability insurance, or if you have no auto lability insurance, we provide auto

liability insurance (the “Policy”) that is excess to any other valid and collectible insurance whether

primary, secondary, excess or contingent. The policy provides bodily injury and property damage lability

coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the

State whose laws apply to the loss. The Policy does not cover injury to you. You and we reject PiP,

medical payment, no-fault and uninsured and under-insured motorist coverage where permitted by law.

The Policy is void if you breach this Agreement or if you fail to cooperate in a loss investigation

conducted by as or our insurer. Permitting the Vehicle to be driven by a person who is not an

Authorized Driver terminates coverage under the Policy.

 

Payments. You permit us to reserve against your credit/ debit card (“Reserve”) or take a cash deposit

(“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use

the Reserve or Deposit to pay all Charges, but will not use the Reserve or Deposit to pay for damage to

the Vehicle for which you may be responsible unless you agree separately to allow it after the amount of

damage is determined. We will authorize the release of any excess Reserve or refund any excess Deposit

after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being

credited for the excess and it may not be immediately released by your card issuer. Payments and

Deposits for the rental term are due at the signing of rental agreement. You will pay us at or before

conclusion of this rental or on demand all charges due to it under this Agreement including: (a) time and

mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the

odometer is tampered with; (b) optional products and services you purchased including fees for

additional divers; (c) fuel and refueling fee if you return the vehicle with less fuel than when rented

(unless you purchase a prepaid fuel option); (d) applicable taxes; (e) all expenses we incur locating and

recovering the Vehicle if you fall to return it or if we repossess it under terms of this Agreement; (f) all

costs including pre-and post-judgment attorney fees we incur collecting payment from you or otherwise

enforcing or defending our rights under this Agreement (g) a 2% per month late payment fee, or the

maximum permitted by law, whichever is greater, on all amounts past due; (h) $50 or the maximum

amount permitted by law, whichever is greater, if you pay us with a check returned unpaid; (i) a

reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when

rented or if the Vehicle contains evidence of smoking; (j) towing, storage charges, forfeitures, court

costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (k) a fee of up to

$500 if you lose the keys or toll transponder to the Vehicle; (l) replacement cost of lost or damaged

parts and supplies used in Optional Equipment; (m) a $250 fee if a navigational system that you rented

is lost, stolen or otherwise rendered unusable during the rental; and (n) a surcharge if you return the

Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on

the date and time due, and you may be charged the standard rates for each day (or partial day) after the

due-in date which may be substantially higher than the rales for the initially agreed rental period if a

special or promotional rate applied to the initially agreed rental period. All charges are subject to final

audit. If errors in computation of the Charges are discovered after the close of this contract, you will be

contacted to pay the remaining amount, or alternately you authorize us to correct the Charges with your

payment card issuer. If your account is not paid in full it will be sent to a Collector and you will incur

additional Charges, such as administrative fees, collection fees, etc.

 

Deposits.

We may use your deposit to pay any amounts owed to us under this Agreement.

 

Your Property.

You release us, our agents and employees from all claims for loss of or damage to your personal

property or that of another person that we received, handled or stored, or that was left or carried

in or on the Vehicle or in any service Vehicle or in our offices, whether or not the loss or damage

was caused by negligence or was otherwise our responsibility.

Optional Equipment.

We offer certain Optional Equipment, including navigational systems and child safety seats, upon

request and subject to availability for your use during the Rental Period at an additional charge. All

Optional Equipment is rented AS IS and must be returned to us at the end al the Rental Period in

the same condition as when rented. If you rent a child safety seat, you must inspect and install the

child seat into the Vehicle yourself. If you rent a navigational system, you should review the

operational instructions before leaving the rental location.

 

Personal Information.

You agree that we may disclose personally Identifiable information about you to law enforcement

agencies or to other third parties in connection with our enforcement of our rights under this

Agreement and other legitimate business functions. Questions regarding privacy should be directed

to the location where you rented the Vehicle.

 

Breach of Agreement.

The acts listed in the CDW clause above, are prohibited uses of the Vehicle and breaches of this

Agreement. We have the right to disable the Vehicle. You waive all recourse against us for any

criminal reports or prosecutions that we take against you that arise out of your breach of this

Agreement.

 

Modifications.

No term of this Agreement can be waived or modified except by a writing that we have signed. To

extend the rental period you must return the Vehicle to our rental office for inspection and written

amendment by us of the due-in date. This Agreement constitutes the entire agreement between

you and us. All prior representations arid agreement between you and us regarding this rental are

Void.

 

Miscellaneous.

A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of

the performance of your obligations under this Agreement. Our acceptance of payment from you or

our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute

a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal

reports or prosecutions that we take against you that arise out of your breach of this Agreement.

Unless prohibited by law you release us from all lability for consequential, special or punitive

damages in connection with this renal or the reservation of a vehicle. This Agreement will be

governed by the substantive law of the jurisdiction where the rental commences, without giving

effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and

submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of

this Agreement is deemed void or unenforceable, the remaining provisions are valid and

enforceable.