RENTER AND ADDITIONAL DRIVER(S) AGREE TO THE FOLLOWING  ALONG WITH ALL TERMS AND CONDITIONS ON THE REVERSE HEREOF 

All accidents must be immediately reported to the police and the Lessor listed at the top of this agreement. Renter is liable for all charges, including rental charges, fines, towing, storage, lost keys and penalties until the Vehicle is returned to Lessor’s place of business. All traffic and parking violations are the responsibility of the Renter.

 

Renter and/or Additional Driver(s) are advised that their willful failure to return the Vehicle as agreed may subject  them to criminal charges for auto theft. Failure to redeliver the Vehicle by the due back date as reflected herein  constitutes a felony under Florida Statute §817.52 (3). 

 

Lessor is not responsible for lost or stolen articles in the Vehicle. The Vehicle shall not be operated by any person  except for Renter and Additional Driver(s) listed on this Agreement. Vehicle may not be removed from State of Florida  without the express consent of Lessor. If the Vehicle is driven out of the State of Florida, a charge of $2.50 per mile  will be charged. This charge is in addition to the rates agreed upon by Renter at the time of executing this Agreement.  

 

RENTER WILL BE LIABLE FOR THE THEFT OR MYSTERIOUS DISAPPEARANCE OF THE VEHICLE AND/OR TIRES, EQUIPMENT OR ACCESSORIES FROM THE VEHICLE WHILE IN RENTER’S POSSESSION.  

​

I HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ON  BOTH SIDES OF THIS RENTAL AGREEMENT. IF THE CHARGE FOR THIS RENTAL IS TO BE CHARGED  ON A CREDIT CARD MY SIGNATURE HEREON WILL BE CONSIDERED TO HAVE BEEN MADE ON  THE APPLICABLE CREDIT CARD VOUCHER AND I GIVE LESSOR PERMISSION TO FILL OUT AND  SIGN VOUCHER ON MY BEHALF. 

 

ASSIGNMENT OF INSURANCE BENEFITS AND DIRECT PAYMENT AUTHORIZATION

 

Renter hereby assign any and all insurance rights, benefits, proceeds and any causes of action  under any applicable insurance policies to the Lessor/Rental Company listed at the top of this  Agreement (hereinafter referred to as “Lessor”) for services rendered, to be rendered or losses  sustained by Lessor. In this regard Renter waives his/her privacy rights. Renter makes this  assignment in consideration of Lessor’s agreement to perform services and supply the rental  vehicle and otherwise perform its obligations under this Agreement. Renter also hereby  directs his/her insurance carrier(s) to release any and all information requested by Lessor, its  representative, and/or its Attorney for the direct purpose of obtaining actual benefits to be paid  by Renter’s insurance carrier(s) for services rendered or to be rendered or losses sustained to the  rental vehicle. The insurance carrier listed in this Agreement as the Renter’s primary insurance  carrier is believed to be the appropriate insurance carrier.  

Renter hereby, grants Lessor irrevocable power of attorney and express permission to endorse  Renter’s name on any and all checks received from an insurance company on Renter’s behalf by Lessor. Renter agrees that any services,  deductibles, betterment, depreciation, loss of use, diminished value or additional losses not  covered by Renter’s insurance must be paid by the Renter. Renter also hereby authorizes and  unequivocally instructs direct payment of any benefits or proceeds to Lessor. 
 

IMPORTANT INSURANCE INFORMATION 

PURSUANT TO FLORIDA STATUTE §627.7263 

 

THE LESSEE’S/RENTER’S INSURANCE CARRIER WILL BE  PRIMARILY RESPONSIBLE FOR ANY CLAIM AGAINST THE  LESSEE/RENTER AND/OR LESSOR DURING THE USE/ OPERATION OF THE VEHICLE. The valid and collectible  liability insurance and personal injury protection insurance of  any authorized rental or leasing driver is primary for the limits  of liability and personal injury protection coverage required  by ss. 324.021(7) and 627.736, Florida Statutes. YOU  ARE HEREBY NOTIFIED THAT BY SIGNING THIS CONTRACT  YOUR OWN LIABILITY AND PERSONAL INJURY PROTECTION  INSURANCE, IF ANY, WILL PROVIDE PRIMARY INSURANCE  COVERAGE UP TO ITS FULL POLICY LIMITS. I HAVE READ THE  TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO THEM.
 

RENTAL AGREEMENT 

  Lessor hereby leases to Renter (“Renter” includes any “Additional Driver” signing this Agreement or any other party to whom charges are billed at the direction of the person signing this Agreement, who shall all be jointly and severally liable with Renter for all charges hereunder) the said “Vehicle” described on Page1 hereof upon the terms and conditions herein. Any loss of use shall be calculated equal to the daily rental rate for the Vehicle on Page1 of this Agreement. Should the Vehicle be rendered a total loss because of Renter’s use hereunder, Renter shall be liable for all loss of use damages suffered by Lessor until Lessor has been paid the replacement cost of the vehicle. 

1.  The parties agree that Renter is not and does not hereby become an agent, servant or employee of Lessor in any manner whatsoever. 

2.  VEHICLE SHALL BE RETURNED TO LESSOR’S AGENT ONLY on the return date stated on Page 1 or sooner, upon demand of Lessor. Renter acknowledges that the Vehicle is the rightful property of Lessor, although registered title may be in a third party, and that Renter received the same in good and safe mechanical condition, except as noted on the face of this Agreement. RENTER AGREES TO RETURN SAID VEHICLE ON THE DATE AND THE TIME SPECIFIED ON PAGE 1 OF THIS AGREEMENT, LESSOR MAKES NO WARRANTIES OR UNDERTAKING OF ANY KIND, NATURE OR DESCRIPTION, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE FOR ANY VEHICLE COVERED UNDER THIS AGREEMENT, EXCEPT AS STATED HEREIN. 

3.  RENTER AGREES THAT SAID VEHICLE SHALL NOT BE OPERATED: (a) to carry passengers or property for consideration, expressed or implied; (b) in any race or speed test or contest; (c) to propel or tow any trailer or vehicle used as a trailer; (d) by any person other than the Renter or Additional Driver who signed this Agreement provided always that Renter must be a qualified licensed driver; (e) by any person with respect to whom Lessor has been furnished with false or untrue information; (f) by any person under the influence of intoxicants or narcotics of any kind; (g) for any illegal purpose; (h) off any paved road or in a reckless or abusive manner; (i) in violation of any law or ordinance concerning the operation, use or possession of the Vehicle; or (j) in violation of any of the terms and conditions hereof. 

4. Renter expressly acknowledges personal liability to pay Lessor on demand: (a) for the mileage charge computed by reading the factory installed odometer at the rate specified for the mileage covered by the Vehicle under the terms of this Agreement; (b) if the Vehicle is left elsewhere without Lessor’s written consent to pay a fee equal to $2.50 per mile from the renting city to the city where left, plus all other costs and expenses incurred with a minimum charge of $175.00; (c) State and Local taxes, if any; (d) a sum equal to the replacement cost of all tires, tubes, and accessories missing from the Vehicle; (e) all fines and court costs for parking, traffic or other legal violations assessed against the Vehicle, Renter or Lessor during the terms of this Agreement; (f) Lessor’s costs, including reasonable attorney’s fee at all levels, including appellate fees and costs, incurred by Lessor in connection with this Agreement or Renter’s use of the Vehicle and/or collection payments due from Renter hereunder; (g) the amount necessary to properly repair all damages to the Vehicle; (h) the replacement cost of the Vehicle in the event of the theft, non return of the Vehicle, or destruction which renders said vehicle economically unrepairable in Lessor’s sole discretion, or (i) interest at the highest rate allow by law for all amounts due over 30 days.

5.  The Lessor agrees to provide automobile liability insurance with limits of liability equal to the minimum financial responsibility limit of the State of Florida, but only if no other valid and collectible insurance (whether primary, excess or contingent with limits at least equal to the financial responsibility limit of the State of Florida) is available to the Renter or operator of the automobile. Renter expressly agrees to indemnify and hold harmless Lessor, the owner of the Vehicle, and its insurer from and against all loss, liability, and expense for damages or liability to third parties or Renter as a result of bodily injury, death, or property damage caused by or arising from the use or operation of the Vehicle. Every accident must be immediately reported by the Renter in writing to the proper law enforcement authority and to the Lessor, and in any event within twenty-four hours after the accident. The Renter or Additional Driver must immediately deliver to Lessor, every process, pleading or notice of any kind relating to any and all claims, suits and proceedings received by the Renter or Additional Driver in connection with the use of the Vehicle. The Renter or Additional Driver shall not in any manner, aid or abet any claimant, but shall cooperate fully with Lessor and its insurer in all matters connected with the investigation and defense of any claim,suit or accident, and provide to Lessor a copy of police report at Renter’s expense within two days from when report is available. 

6.  LOSS DAMAGE WAIVER (“LDW”): If Renter accepts LDW as evidenced by his/her initials in the place provided on Page1 of this Agreement, and fully pays for same, then Renter's Liability to Lessor for damage to the Vehicle caused by a collision shall not exceed the deductible amount stated, provided Renter is not otherwise in default of any term or condition of this Agreement. Renter acknowledges that LDW is not insurance and that his/her insurance shall remain primary, even if he/she accepts LDW. 

7.   Renter agrees that if Renter has breached this Agreement in any way or manner or if Renter has not returned the Vehicle to the station from which it was rented within the time and date herein agreed upon for its return, upon demand of Lessor, or if the Vehicle is abandoned; Lessor may, in its sole discretion, repossess and recover the Vehicle without the necessity of official legal process or procedures. Renter agrees that Lessor may use self-help of any peaceful and reasonable nature in attaining the prompt return of the Vehicle. Renter will bear any and all expenses incurred by the Lessor in attempting to locate, repossess and recover the Vehicle, and hereby waives any and all recourse against the Lessor or other person for any damage or claim, including but not limited to, Renter’s arrest or prosecution, even though Renter may consider such arrest or prosecution to be false, malicious and unjustified. 

8. In addition to any remedy provided for herein, should Renter Fail to return theVehicle after the stated return date, Renter’s liability for use and mileage shall continue at double the per diem rate, and double the mileage rate until the Vehicle is returned to Lessor. Should the Vehicle be rendered a total loss because of Renter’s use hereunder, Renter shall be liable for all loss of use damages suffered by Lessor until Lessor has been paid the replacement cost of the vehicle. Any loss of use shall be calculated equal to the daily rental rate for the Vehicle on Page1 of this Agreement. 

9.   Renter hereby authorizes, directs and instructs, Lessor or its representatives to process one or more credit card vouchers in Renter’s name for any and all charges or liability for which Renter is responsible under the terms and conditions of this Agreement whenever incurred, including the default penalty provisions herein. This Rental Agreement may be used as a credit card voucher. 

10.   In the event Renter uses the Vehicle in contravention to or in violation of any term or condition of Paragraph 3 of this Agreement, or fails to report any accident in accordance with Paragraph 5, Renter shall be liable for all loss or damage to the Vehicle, regardless of whether Renter has accepted LDW. 

11.  This Agreement may not be assigned or transferred by Renter. 

12.  Lessor is not responsible for loss, damage or theft of any property, whatsoever of Renter or any third party which is left, stored, loaded or transported by Renter or any third person in or about the Vehicle, any service vehicle, or left at Lessor’s premises or with any agent of Lessor. Renter hereby agrees to indemnify and hold harmless Lessor and its agents from any claim for loss or damage to such property including costs and attorney’s fees incurred through the appellate level. 

13.  Lessor shall not be liable for any indirect or consequential damages in connection with or arising out of the use or operation of the Vehicle or this Agreement. In the event that any portion of this Agreement is declared invalid, it shall be severable and the remainder shall continue in full force and effect. 

14.  Lessor’s remedies provided hereof are cumulative, and if Lessor elects not to enforce any right it has at any time, such temporary waiver shall not be deemed a waiver of such right, or any right arising therefrom. 

15.  This Agreement shall be construed according to the Laws of the State of Florida. Renter hereby waives any and all right to trial by jury and expressly submits to the jurisdiction and venue of the Courts in Miami-Dade County, Florida; or the united States District Court for the Southern District of Florida for any action commenced in connection with any injury, the use, or operation of the Vehicle or other matter under this Agreement, regardless of the physical location to the accident or breach of this Agreement. In any legal proceeding predicated upon or arising from this Agreement, the prevailing party shall be entitled to an award of necessary costs and reasonable attorney’s fees, including any appellate costs and fees. 

16.   LOSS OF USE OR VEHICLE DOWNTIME CAUSED BY THE VEHICLE BEING DAMAGED OR STOLEN, AND OTHERWISE BEGIN REMOVED FROM THE RENTAL FLEET, WILL BE BILLED AT A RATE EQUAL TO THE DAILY RENTAL RATE AND WILL CONTINUE WHILE THE VEHICLE IS BEING REPAIRED AND IS OUT OF SERVICE AS A RESULT OF THE DAMAGE OR LOSS REGARDLESS OF FAULT. THE RENTAL WILL CONTINUE IN FORCE AND WILL BE BILLED UNTIL THE VEHICLE IS REPAIRED AND AVAILABLE FOR RENTAL. 

17.   In the event of an accident or damage to vehicle and/or Renter’s refusal to report said accident or damage to renters insurance company, Lessor is authorized to contract Renter’s listed automobile insurance carrier or any other insurance carrier to report a claim and seek recovery of any and all damages to the Vehicle including downtime, loss of use and/or diminished value suffered as a result of the damages or loss caused to the Vehicle while in Renter’s possession and otherwise during the term of this Agreement. The aforementioned does not in any way limit Lessor’s other remedies in law or equity or to pursue the Renter individually for said damages.