PLATINUM RENT A CAR, INC.
RENTAL AGREEMENT
TERMS AND CONDITIONS
Renter agrees
- Definitions: For the purposes of this Agreement the following terms are specifically defined:
a. “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER( S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
b. “Optional Accessories” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter.
c. “Owner”, for the purposes of this agreement, means “OWNER OF VEHICLE” shown on the top of the Rental Agreement Summary;
d. “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.
e. “Renter” means the person, or entity identified on the Rental Agreement Summary as “RENTER”.
f. “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s). - Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, the property of
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Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. Renter agrees Renter received Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED,
WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS•FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories are unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately. - Payment by Renter.
a. For items designated as either “/hour”, “/day”, “/week” or “/ month” on the Rental Agreement Summary:
(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.
(2) If” day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.
(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.
(4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.
(5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental.
(6) Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of I day.
b. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Rental Agreement Summary for:
(1) The hour, day, week and month charges on the Rental Agreement Summary for the Rental Period. The “/hour” charge if shown on the Rental Agreement Summary shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Pick Up Location on the Rental Agreement Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
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(2) The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period.
(3) The Optional Accessories, services and/or products charges for those items accepted by Renter.
(4) The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. If Renter purchases the Fuel Service Option, then Renter ‘s fuel charge shall be the per gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit for any unused fuel.
(5) The one-way fee (for returning to a predetermined location other than the Pick Up Location on the Rental Agreement Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.
(6) The other fees and charges (none of which are taxes) including but not limited to:
(a) Any airport Consolidated Facilities Charge, Customer Facility Charge or similarly designated charge (CFC) means the allowable recovery by a rental vehicle company from its renters of those fees, including any taxes or fees paid on such fees, for the finance, design, construction and operation of common use transportation systems that move passengers between airport terminals and those consolidated airport car rental facilities.
(b) The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge (CONC REC) which is Owner’s charge to recover the concession fees paid by Owner to an airport’s owner or operator in connection with this rental; and
(c) The Facility Fee Recovery (FAC REC) which is Owner’s charge to recover the estimated fees, charges, costs, which may include rent paid by Owner to the owner, operator or agent of the Pick Up Location for this rental or to the owner of the Pick Up Location on the Rental Agreement Summary; and
(d) The Vehicle License Fee Recovery (VLF REC) which is Owner ‘s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in New York. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.
c. Additional Obligations of Renter- Unless prohibited by law, Renter shall pay Owner, its affiliates or agents:
(1) If Renter returns the vehicle to a location other than the Pick Up Location, a vehicle recovery fee, unscheduled one-way fee or drop charge, which shall be no more than the greater of:
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a) $300.00; b) $1.50 per mile between return location and the Pick Up Location; or c) Owner ‘s adjusted daily, weekly or monthly rate applicable on the date of return.
(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), to the extent DW, as described in paragraph 17, does not apply.
(3) All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Renter consents to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party on Renter’s behalf without advance notice thereof and acknowledges that such payment may prejudice Renter’s ability to contest Fines, Tolls and Violations with the applicable authority. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such Fines, Tolls and Violations. In addition, Owner, its affiliates or a third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations and their administration. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD.
(4) A late charge of 1 1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
(5) All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in regaining possession of Vehicle or in enforcing any term or condition of this Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.
(6) The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.
IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY.REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER. FOR A VEHICLE RENTED WITH A CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF RENTAL PERIOD.
All charges are subject to final audit by Owner.
5 - Limits on Use and Termination of Right to Use.
a. Renter agrees to the following limits on use:
(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.
(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training.
(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS:
i. Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and
ii. Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations.
(4) Vehicle shall not be used for: any illegal purposes; in any illegal or reckless manner; in a race or speed contest; or to tow or push anything.
(5) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.
(6) Renter shall not remove any seats from Vehicle.
(7) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.
(8) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines. Vehicle shall not be driven or taken outside the states authorized on the Rental Agreement Summary.
(9) Vehicle shall not be driven on an unpaved road or off-road.
(10) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.
(11) Renter shall not transfer or assign this Agreement and/or sublease Vehicle.
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(12) Vehicle shall not be used to store or transport explosives chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
(13) Renter shall not carry a passenger under the age of seven unless that passenger is restrained in a Federally approved child restraint system.
(14) Renter shall not use a passenger plated pick-up truck for any commercial purpose.
(15) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.
b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3. - Roadside Assistance. For roadside assistance in the U.S. and Canada call 1-315-928-7844 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 may apply for any service(s) provided to Renter.
- Accidents. Damage to, loss or theft of, 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 or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an Event Data Recorder or similar device (EDR) for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.
7 - Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. Renter accepts responsibility for all damage to, and loss, modification or theft of the Vehicle, Optional Accessories, and any other part or accessory occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or Act of God, to the extent permitted by applicable law, including (i) physical damage to Vehicle (including any part or accessory); (ii) mechanical damage to Vehicle (including any part or accessory) related to an accident; and (iii) physical and mechanical damage to, and loss or theft of, Optional Accessories. Renter also accepts responsibility for loss of Vehicle due to theft occurring during the Rental Period if it is established Renter or AAD(s) failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle. Renter shall provide notice to Owner or appropriate Law enforcement agency within twelve hours of learning of the theft of Vehicle. Renter is not responsible for normal wear and tear except in the case of abuse or neglect. The total liability of Renter for which Renter agrees to pay Owner for damage to, loss or theft of, Vehicle shall not exceed the lesser of: the actual and reasonable costs that the Owner incurred to repair Vehicle or that the Owner would have incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the Owner; or if Owner determines Vehicle is salvage or Vehicle is stolen and not recovered, the fair market value of the Vehicle immediately before the damage occurred, as determined in the applicable market for the retail sale of the Vehicle, less any net disposal proceeds. Damages for which Renter is also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Optional Accessories are not returned, Renter shall pay owner the fair replacement value of the Optional Accessories. If Vehicle is returned during nonbusiness hours or to any place other than Pick Up Location on the Rental Agreement Summary, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. Owner will not hold Renter liable for any amounts that are recovered from any other party or for damages incurred by Owner for the loss of use of Vehicle and related administrative fees. Upon the request of Renter, Owner shall submit any claims to Renter’s insurance carrier and will negotiate with Renter’s insurance carrier.
Right To Inspect: Failure to completely and accurately fill out and return an incident report within 10 days of receipt of notice may make Renter liable for damages sustained to Vehicle. EXCEPT where the damaged Vehicle is deemed to be a total loss and subject to salvage, Renter or his or her insurer has 72 hours from the return of Vehicle to notify Owner that he/she wishes to inspect the damaged Vehicle. The inspection must be completed within 7 business days of the return date of Vehicle. If Renter or his/her insurer does not request its inspection within the 72-hour period, Renter or his/her insurer will be deemed to have waived this right. If Owner determined the damaged Vehicle to be a total loss and subject to salvage, such 72-hour period for notification or waiver of the wish to inspect the damaged Vehicle shall not apply, and such right to inspect the damaged Vehicle shall expire 10 business days from Renter ‘s receipt of an incident report form and notice from Owner. Upon request of Renter or his/her insurer, Owner will provide (i) the identity of the repairer of, and provide access to, the damaged Vehicle in order to verify the nature and extent of damages, repairs and repair costs, and/or repair estimates; and (ii) a copy of Owner’s estimate of the costs of repairing the damaged Vehicle. Twenty days prior to
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commencing an action against Renter, Owner will provide Renter an additional opportunity to provide the incident report by providing a second notice along with another incident report by certified mail, return receipt requested, and another copy of such notice and report by regular mail, with proof of mailing by production of a certificate of mailing; and if Renter provides Owner with a completed incident report with in fifteen days of the receipt of the notice, the applicable provisions of the NY General Business Law shall be satisfied. Renter’s rights and responsibilities hereunder may apply to other “authorized drivers” as such term is defined in section 396-z. of the NY General Business Law. Such “authorized drivers” and Renter are directed to section 396-z of the NY General Business Law for any further details regarding the nature and extent of his or her liability hereunder and the extent of his or her rights and responsibilities. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL DW. - Owner’s Financial Responsibility, Unless Law Requires, Does Not Extend to: (a) Injuries to the Renter, driver, or passengers while riding in, alighting from, entering or on rented car. (b) Liability imposed upon or assumed by anyone under any worker ‘s compensation act, plan or contract. (c) Bodily injury or property damage occurring while the car is used as a commercial vehicle or for a commercial purpose. (d) Any property owned or rented by or in the care of the Renter. (e) Any bodily injury that is caused intentionally by or at the direction of the Renter or AAD(s). (f) Any bodily injury to an employee of Renter or AAD(s) that occurs during the course of employment. (g) Any bodily injury that occurs while the vehicle is being used or operated to carry persons or property for a fee; and (h) Any bodily injury that occurs while the vehicle is being used or operated by the Renter or AAD(s) in the business of selling, repairing, servicing, storing or parking of vehicles.
- Renter’s Indemnity Provision: Renter shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demand s, costs , attorney fees and other expenses incurred by Owner or its affiliate(s) arising from any bodily injury or property damage claim presented by any third party for all amounts in excess of the minimum dollar amounts required to be maintained by the Owner or its affiliate(s) by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. Renter agrees to present a claim to their insurance carrier for all such expenses. If Renter has no insurance to cover such events or losses, Renter agrees to pay Owner or its affiliate(s) for such losses. Renter agrees to further indemnify and hold Owner or its affiliate(s) harmless to the extent permitted by law from attorney fees that are incurred or may be incurred in defending or prosecuting any claims, actions, causes of action, lawsuits or controversies that are brought by or against Owner or its affiliate(s) arising from the Renter’s use, operation or possession of the rented vehicle or Optional Accessories.
- Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Owner does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner or its affiliate(s) is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the
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maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law. - Personal Property. Owner is not responsible for any damage to, loss or theft of, any personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter Releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger ‘s failure to remove any personal property, data or records from Vehicle. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises.
- Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent, DW does not apply to accidents or events that occur in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into Mexico.
- Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Agreement; or their party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
- 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 and/or credit card company if:
i. Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
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ii. 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, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges. - Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
- Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter ‘s and AAD(s)’ sole remedy is 1imited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
- Optional Damage Waiver (DW).
DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase Optional Damage Waiver (“DW”) for no less than the full term of this rental from Owner for an additional fee. If Renter purchases DW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s responsibility for all of the cost of damage to Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to Optional Accessories or any liability imposed by law. DW does not apply to damage occurring in Mexico. WHEN DECIDING WHETHER OR NOT TO PURCHASE DW, YOU MAY WISH TO CHECK WITH YOUR INSURANCE REPRESENTATIVE OR CREDIT CARD COMPANY TO DETERMINE WHETHER, IN THE EVENT OF DAMAGE TO VEHICLE, YOU HAVE COVERAGE OR PROTECTION FOR SUCH DAMAGE AND THE AMOUNT OF YOUR DEDUCTIBLE OR OUT-OF-POCKET RISK.
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THE FOLLOWING SHALL INVALIDATE DW: A violation of the contract shall exist and DW (also referred to as Optional Vehicle Protection) is void and shall not apply to the following situations:
a. the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver;
b. the damage or loss arises out of the driver’s operation of the vehicle while intoxicated or impaired by the use of alcohol or drugs;
c. the rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the renter or authorized driver;
d. the damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction;
e. the damage or loss arises out of the use of the vehicle to carry persons or proper ty for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver’s training;
f. the damage or loss arises out of the use of the vehicle by a person other than: an authorized driver; a duly licensed parent or child over the age of eighteen thereof who permanently resides in the same household; or a parking valet or parking garage attendant for compensation and in the normal course of employment;
g. the damage or loss arises out of the use of the vehicle outside of the continental United States when that use is not specifically authorized by the rental agreement;
h. the authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the rental agreement. - Roadside Assistance Protection (RAP).
WHEN DECIDING WHETHER OR NOT TO PURCHASE ROADSIDE ASSISTANCE PROTECTION (“RAP”), YOU MAY WISH TO CHECK TO DETERMINE WHETHER, YOU HAVE OTHER COVERAGE OR PROTECTION FOR SUCH SERVICES.
ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE ASSISTANCE PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.
Renter may purchase RAP from Owner for an additional fee. If Renter purchases RAP, Owner agrees to contractually waive Owner’s right to collect from Renter for the following services: (i) flat tire replacement (if no inflated spare is available,
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Vehicle will be towed) and the cost of a replacement tire is not waived, (ii) lockout service (if keys are locked inside Vehicle), (iii) Vehicle jumpstart, and (iv) fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel. RAP does not waive any charges incurred in Mexico. For rentals originating in New York, Roadside Assistance Protection (RAP) does not include replacement of lost keys or remote entry devices. - Telematics Notice and Release. Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice. Renter acknowledges that such systems utilize wireless technology lo transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter. Unless prohibited by law, Renter authorizes any person’s use or disclosure of or access to (i.) location information, (ii.) automatic crash notification to any person for use in the operation of an automatic crash notification system, (iii.) disable Vehicle and (iv.) operational condition, mileage, diagnostic and performance reporting of Vehicle. Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized use, disclosure or access as provided for herein. Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter, an AAD(s) and passengers) or property caused by failure of the telematics system to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner. Use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics System provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of infom1ation, and user responsibilities. By signing this Agreement, Renter authorizes the provision of such Telematics Services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Owner.
- Headings. The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
- Release of Information to Third Parties. Renter agrees Owner may, and Renter expressly authorizes Owner to, provide information in Owner’s possession about Renter and AAD(s), including but not limited to such driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information to applicable authorities or other third parties, in connection with this Agreement including, without limitation, providing Renter ‘s personal data to third parties which conduct services on Owner’s behalf (such as consumer satisfaction surveys) and consent to Owner or Owner’s representatives contacting Renter.
13 - Choice of Law. All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the State of New York without giving effect to the conflict of laws provisions of such State.
- Mandatory Arbitration Agreement: RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTIONPURS UANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATIN G TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVECAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.
(1) Procedure. A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party. The Notice to Owner should be addressed to: Platinum Rent A Car, Inc., 5885 E. Circle Drive, Cicero, New York 13039 (“Notice Address ” ). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (” AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org. The arbitration will be confidential and hearings will take place in the federal judicial district of your Rental Location.
(2) Arbitrator’s Authority: The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.
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(3) Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.
(4) Governing Law and Enforcement: The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration. This Arbitration Agreement was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction. - Customer Privacy. The information you provide to Owner is stored and used in accordance with Owner’s privacy policy, which is available at http://www.platinumrentacar.co, which may be amended from time to time and which is incorporated herein by reference. Questions regarding privacy should be directed to: 1-315-928-7842 or Platinum Rent A Car, Inc., Privacy Questions, 5885 E. Circle Drive, Suite 165A, Cicero, New York 13039