Terms

TERMS AND CONDITIONS

1. AGREEMENT. Advance Car Rental LLC; Advance Car Rental, a Texas corporation (the “Company”) hereby rents the Vehicle to “Renter” pursuant to these Terms and Conditions set forth herein and the Rental Agreement signed by Renter and attached hereto (these Terms and Conditions together with the Rental Agreement, mean collectively, the “Agreement”). The word “Vehicle” as used in the Agreement means the rented vehicle or its replacement and includes its tires, parts, glass, tools, equipment, accessories, plates and documents. All rentals are for a minimum of two (2) days. In the event Renter desires to extend the term of the rental beyond that set forth in the Rental Agreement, Renter must contact Company in advance and prepay all Charges (as defined below) related thereto. Renter is subject to the mileage limits and Charges as set forth in the Agreement, which such limits and Charges may change from time to time as determined by Company.

No smoking in Vehicle. _____

2. WHO MAY OPERATE THE VEHICLE. Renter is the only person authorized to operate the Vehicle. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Vehicle unless all such persons appear at the time of rental and sign as an “Additional Driver” on the Rental Agreement (such Additional Drivers together with the Renter, the “Authorized Drivers”). Renter is responsible for all Authorized Drivers. No one other than Company may transfer the Vehicle or any rights or obligations under the Agreement. Any attempted transfer or sublease of the Vehicle by anyone other than Company is void. All Authorized Drivers must be at least twenty-one (21) years old and have a valid driver’s license from a jurisdiction acceptable to Company. At Company’s discretion and to the extent permitted by applicable law, Company may refuse to rent to any person based on Company qualifications that may be in affect at the time and place of rental.

3. RENTER’S RESPONSIBILITIES. Renter will return the Vehicle with tires, parts, glass, tools, equipment, accessories, plates and documents in the same condition as when received, ordinary wear and tear excepted, to the place specified in the Rental Agreement (the “Rental Office”) and on the return date as set forth in the Rental Agreement, or sooner upon demand by Company. There is no grace or cure period for a late return of the Vehicle. Renter shall ensure that all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use. If the Vehicle’s gasoline tank was full upon departure from the Rental Office, Renter is required to return the Vehicle with a full tank of required gasoline, and in the event the Vehicle is returned with less than a full tank, Company shall charge the rate per gallon as set forth on the Rental Agreement. Authorized Drivers and its occupants are not permitted to smoke in the Vehicle.

4. PROHIBITED USES OF THE VEHICLE. Any use of the Vehicle prohibited below in this Section 4 will be a breach of the Agreement, and will make Renter fully responsible for any and all damages (including, without limitation, repair and towing costs and expenses, and any consequential or punitive damages, and attorney’s fees) resulting from that breach. Renter will lose any prepaid amounts in the event of breach of the Agreement. To the extent permitted by law, all liability protection under the Agreement will also be void, and Renter shall be liable for any and all of the following damages (and any Loss Damage Waiver purchased by Renter hereunder shall not apply to the following):
- a. Damage or loss resulting from an Authorized Driver’s: 1) Intentional, willful, wanton or reckless conduct; 2) Operation of the Vehicle in violation of Texas Penal Code Sec. 49.04. 3) Towing or pushing with the Vehicle; or 4) Operation of the Vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
- b. Damage or loss occurring when the Vehicle is: 1) Used for hire; 2) Used in connection with conduct that constitutes a felony; 2) Involved in a speed test or contest or in driver training activity; 3) Operated by a person other than an Authorized Driver; or 4) Operated in a foreign country or outside of the States of Texas, New Mexico, Oklahoma, Arkansas, Louisiana.
- c. An Authorized Driver providing: 1) Fraudulent information to Company.
- d. Damage or loss resulting from the theft of the Vehicle if committed by an Authorized Driver or a person aided or abetted by an Authorized Driver. A theft is presumed to have been committed by a person other than an Authorized Driver or a person aided or abetted by an Authorized Driver if Renter of the Vehicle: 1) Has possession of the ignition key furnished by Company or establishes that the ignition key furnished by Company was not in the Vehicle at the time of the theft; and 2) Files an official report of the theft with an appropriate law enforcement agency within twenty-four (24) hours after learning of the theft and cooperates with Company and the law enforcement agency in providing information concerning the theft (provided, however, Company may rebut the presumption set forth in this subsection by establishing that an Authorized Driver committed or aided and abetted another person in the commission of the theft).

5. PAYMENT OF CHARGES. Renter (and any persons to whom, with Company’s consent, Renter expressly directs the Charges to be billed, which Renter must represent; that Renter must be authorized to direct Charges), are jointly and severally responsible for the payment of all Charges. All Charges (included estimated Charges) shall be due and payable at the time of the rental, in cash or by a credit card or other device acceptable to Company. Charges not paid on time as required by the Agreement may be subject to late payment fees. Payment for any additional charges is due at the completion of rental in the same manner. Charges not known to Company or the completion of rental are payable by Renter, or by the person to whom such charges are to be billed, immediately upon receipt of an invoice therefrom. The payment of Charges by use of a credit card is governed by the terms of Renter’s agreement with the card issuer. IF RENTER USES A CREDIT CARD TO PAY FOR CHARGES, RENTER AUTHORIZES COMPANY TO RESERVE CREDIT WITH THE CARD ISSUER AT THE TIME OF RENTAL IN A REASONABLE AMOUNT THAT IS AT LEAST EQUAL TO ALL ESTIMATED CHARGES AND PROCESS AN APPROPRIATE VOUCHER FOR ALL ESTIMATED CHARGES AT THE TIME OF THE RENTAL AND FOR ALL ADDITIONAL CHARGES AT THE COMPLETION OF THE RENTAL. Renter will also be charged a fee for any check used for payment of Charges that is returned unpaid. Renter’s total Charges are calculated based on the information provided at the time of rental. Company may audit all Charges at the time of return of the rental. If any errors are found, Renter will pay the corrected Charges. If payment was by credit card, Render authorizes Company to correct the charges with the card issuer. Company will notify Renter of any correction or modification of the Charges. In the event the rental is secured by any deposits agreed upon by Company and Renter, when the Vehicle is returned, within 48 hours, Renter may be entitled to a refund once the total charges have been calculated. Any cash deposit will be mailed out in the form of Company check within 48 hours of return of Rental; any debit/credit deposit will be refunded within 48 hours back to the same credit/debit card that was used at the time of rental. Cancellations must be made within 48 hours after reservation has been made; any deposit made will be forfeited after 48 hours of reservation if reservation is cancelled. In the event Renter fails to pay the Charges, Company shall be permitted to lien any personal property left in the Vehicle.

6. CHARGES. The following costs, expenses and charges shall be collectively defined as “Charges”:
(a) MILEAGE, TIME CHARGES. 150 miles included per day. Renter shall be responsible for mileage and time charges computed at the daily rates specified on the Rental Agreement for the days of the rental term or any additional days thereafter. The dates of the rental term consist of consecutive twenty-four (24) hour periods commencing at the time the rental begins. The extra hours rate shown on the Rental Agreement are charged for each full or partial hour in excess of the rental term, until such extra hours’ charges are equal the daily rate specified on the Rental Agreement. Extra hours are charged if the Vehicle is returned one hour or more beyond the start of the new rental day. The number of miles which the Vehicle shall have been operated shall be as recorded by the standard mileage recording device attached to the Vehicle by the manufacturer unless that device is disconnected or tampered with while rented to Renter. In the event of such disconnection or tampering, the parties agree that Company’s damages would be difficult to ascertain and agree that the mileage charges will be based on 600 miles per day which they agree is a reasonable estimate of mileage and damage.
(b) SURCHARGES/SALES/USE/EXCISE TAXES AND REIMBURSEMENT. Renter shall be responsible for all surcharges, taxes and all sales and use taxes charged in accordance with applicable laws
(c) RECOVERY EXPENSES. Renter shall be responsible for all recovery expenses for the Vehicle, which consist of expenses of any kind incurred by Company in recovering the Vehicle either under the Agreement or if it is confiscated by governmental authorities as a result of its use by Renter or with Renter's permission, or if abandoned by Renter.
(d) MECHANICAL REPAIRS EXPENSES. The Authorized Drivers shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Company’s prior written consent. In the event of a mechanical problem with the Vehicle, Renter will immediately notify Company, who will then determine the extent of said mechanical problem. Renter shall be responsible for towing the Vehicle to the applicable repair site as designated by Company. Company shall designate where the Vehicle is to be repaired. In the event of an emergency and Renter requires immediate repairs to be made, Company shall only be responsible for reasonable repair service rates based on the times and services as provided in the Standard Mitchells Repair Manual. Renter will not abandon Vehicle if repairs may be made within twenty-hour (24) hours (excluding Sundays or holidays). If Renter abandons the Vehicle, Renter will pay all costs of returning the Vehicle to the Rental Office. Renter shall be responsible for the mechanical repairs of the Vehicle as otherwise provided in the Agreement.
(e) COLLECTION EXPENSES. Renter shall be responsible for all collection expenses, which consist of all costs of any kind incurred by Company in collecting the Charges from Renter including, but not limited to, any and all attorney’s fees and court costs.
(f) LATE PAYMENT FEES. Renter shall be responsible for all late payment fees, which may be applied to any balance due for Charges that are not paid within twenty (20) days of Company mailing an invoice for such Charges at the rate of 1.5% per month. Such invoice may be mailed either to Renter at the address specified at time of rental or the billing addresses on file with Company.
(g) FINES AND PENALTIES. Renter will pay all fines, penalties, forfeitures and court costs imposed for parking, toll charges and/or traffic violations with respect to the Vehicle while rented under the Agreement. Renter shall pay to Company all repossession costs, court costs, collection fees and attorney fees incurred to affect collection or repossession.
(h) SMOKING CHARGE. A $200.00 cleaning charge will apply to rental returned with smoke smell (including cannabis), ashes or any form of smoking in the Vehicle, and a $150.00 cleaning charge will apply if the Vehicle is returned with something spilled, or is otherwise dirty, to the extent that such item requires special cleaning, including but not limited to shampooing, chemical cleaning, etc.
(i) CREDIT CARD CHARGEBACK ADMINISTRATION CHARGE. An administration charge, not to exceed $100.00, will be charged to Renter in the event of a credit card chargeback that is proved to be valid to the cardholders issuing bank.
(j) OTHER CHARGES. Renter shall be responsible for all other costs, expenses and charges due and payable as set forth in the Agreement.

7. INSURANCE. IT IS THE POLICY OF THIS COMPANY TO RENT ONLY TO PATRONS WHO HAVE A PERSONAL POLICY OF AUTOMOBILE LIABILITY INSURANCE IN PLACE AT THE TIME OF THIS RENTAL. In exchange for the reduced rental rate offered by this Company, Renter explicitly agrees that Renter is the primary responsible party on this rental so agreeing Renter expressly indemnifies Company and agrees to hold Company harmless of any liability up to the policy limits of Renter’s policy of automobile insurance. Renter expressly states that he/she understands that any misrepresentation as to their current condition or availability of his/her insurance constitutes a fraud under the Agreement and thereby relieves Company of any and all liability whatsoever. RENTER’S COLLISION INSURANCE IS SUBJECT TO ALL LOSSES OR DAMAGE TO VEHICLE INCLUDING COMPREHENSIVE DAMAGE AND LOSS OF USE. Renter hereby grants and appoints to Company a limited power of attorney to present insurance claims or property damage to Renter’s insurance carrier. If the Vehicle is damaged, and to endorse Renter’s name on insurance payments for charges or damages. By signing the Agreement, Renter agrees to pay Company any amount not covered by any insurance, credit card, or charge card or other coverage Renter may have, however, Renter’s responsibility will not exceed those damages expressly permitted by the applicable law.

8. LOSS DAMAGE WAIVER. LOSS DAMAGE WAIVER (“LDW”) IS NOT INSURANCE, but an agreement by Company to waive or reduce Renter’s payment for loss or damage to the Vehicle to the extent of the conditions contained in the Agreement. Renter shall have the option to purchase the LDW for the fee set forth on the Rental Agreement. Renter’s personal insurance policy may provide coverage for all or a portion of Renter’s potential liability herein. Renter should consult with his or her insurer to determine the scope of insurance coverage. If damage occurs due to the actions or uses as set forth in Section 4 above, or purposely, voluntarily, or due to any breach of the Agreement, or due to driving under the influence of any drug or alcohol, the LDW becomes null and void and Renter is liable for all damages. Missing gas caps, spare tires, horns, locks or any other tools are not covered by the LDW and Renter is fully responsible for any loss or damage thereof to Company. LDW DOES NOT COVER LOSS OF USE, DIMINISHED VALUE AND/OR TOWING, STORAGE CHARGES, AND IMPOUND FEES. BY INITIALIZING THE LDW SECTION ON THE RENTAL AGREEMENT (FIRST PAGE), RENTER HAS ELECTED TO NOT PURCHASE THE LDW.

9. LIABILITY OF RENTER FOR DAMAGES.
(A) Except as otherwise provided in section 9(B) below (and subject to Renter’s purchase of the LDW, however further subject to section 8 above), Renter will be responsible for:
(a) Physical damage to the Vehicle, up to and including its fair market value, regardless of the cause of the damage.
(b) Mechanical damage to the Vehicle, up to and including its fair market value, resulting from: (1) A collision; (2) An impact; or (3) Any other type of incident, that is caused by a deliberate or negligent act or omission on the part of Renter.
(c) Loss resulting from theft of the Vehicle, up to and including its fair market value, except that Renter is presumed to have no liability for any loss resulting from theft if an Authorized Driver:
(1) Has possession of the ignition key furnished by Company or establishes that the ignition key furnished by Company was not in the Vehicle at the time of the theft; and
(2) Files an official report of the theft with an appropriate law enforcement agency within twenty-four (24) hours after learning of the theft and cooperates with Company and the law enforcement agency in providing information concerning the theft. (Company may rebut the presumption set forth in this paragraph by establishing that an Authorized Driver committed or aided and abetted the commission of the theft).
(d) Physical damage to the Vehicle, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the Vehicle, except that Renter has no liability for any damage resulting from vandalism if Renter has no liability for theft pursuant to sub-paragraph (c) above.
(e) Physical damage to the Vehicle and loss of use of the Vehicle, up to $2,500, resulting from vandalism not related to the theft of the Vehicle and not caused by Renter.
(f) Loss of use of the Vehicle if Renter is liable for damage or loss.
(g) Actual charges for towing and storage and impound fees paid by Company if Renter is liable for damage or loss.
(h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the Vehicle.
(For the purposes of this section, the fair market value must be determined in the customary market for the sale of the Vehicle).
(B) 1. The total amount of Renter’s liability to Company resulting from damage to a Vehicle must not exceed the sum of the following:
(a) The estimated cost for parts that Company would have to pay to replace damaged parts. Any discount, price reduction or adjustment received by Company must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to Renter.
(b) The estimated cost of labor to replace damaged parts of the Vehicle, which must not exceed the product of:
(1) The rate of labor usually paid by Company to replace parts of the type that were damaged; and
(2) The estimated time for replacement (Any discount, price reduction or adjustment received by Company must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to Renter).
(c) The estimated cost of labor to repair damaged parts of the Vehicle, which must not exceed the lesser of:
(1) The product of the rate for labor usually paid by Company to repair parts of the type that were damaged and the estimated time for repair; or
(2) The sum of the costs for estimated labor and parts determined pursuant to paragraphs (a) and (b) to replace the same parts. (Any discount, price reduction or adjustment received by Company must be subtracted from the estimate to the extent not already incorporated in the estimate or promptly credited or refunded to Renter).
(d) Except as otherwise provided in subsection (2) below, the loss of use of the Vehicle, which must not exceed the product of:
(1) The rate for the Vehicle stated in Renter’s lease, excluding all optional charges; and
(2) The total of the estimated time for replacement and the estimated time for repair. For the purpose of converting the estimated time for repair into the same unit of time in which the rate of the lease is expressed, a day shall be deemed to consist of 8 hours.
(e) Actual charges for towing and storage and impound fees paid by Company.
2. Under any of the circumstances described in Section 4 above, Company’s loss of use of the Vehicle must not exceed the product of:
(a) The rate for the Vehicle stated in Renter’s lease, excluding all optional charges; and
(b) The period from the date of an accident to the date the Vehicle is ready to be returned to service if Company uses his or her best efforts to repair and return the Vehicle to service as soon as practicable.
3. An administrative charge pursuant to paragraph (h) of Section 9(A) above must not exceed:
(a) Fifty dollars ($50.00) if the total estimated cost for parts and labor is more than $100 and less than or equal to $500.
(b) One hundred dollars ($100.00) if the total estimated cost for parts and labor is more than $500 and less than or equal to $1,500.
(c) One hundred and fifty dollars ($150.00) if the total estimated cost for parts and labor is more than $1,500.
No administrative charge may be imposed if the total estimated cost of parts and labor is $100 or less.
(C) 1. The total amount of an Authorized Driver’s liability to Company, if any, for damage occurring during the operation of a Vehicle by the driver must not exceed the amount of Renter’s liability pursuant to Section 9(B) above.
2. Company shall not recover from Renter and an Authorized Driver:
(a) An amount that exceeds Renter’s liability pursuant to Section 9(B) above.
(b) For any item pursuant to Section 9(A) above to the extent that Company obtains recovery from any other person.
3. The provisions of this Section 9(C) apply to the maximum liability of an Authorized Driver to Company resulting from damage to the Vehicle and not to the liability of any other person.

10. INDEMNITY. Subject to applicable law, Authorized Drivers shall defend, release and hold Company, it’s agents, directors, officers, shareholders and employees, harmless from and against any and all losses, damages, injuries, claims, demands, costs and expenses (including, attorney fees and costs) arising out of or from (a) any property of Renter or any other person left in, on, or about the Vehicle, either before or after its return to Company, or on Company’s premises, without regard to any negligence by Company or any of its agents or employees, (b) subject to the terms and conditions set forth herein, the use or possession of the Vehicle including, but not limited to any and all fines, penalties, traffic violations and forfeitures imposed under any Federal, state, or local statutes, laws, ordinances, rules regulations; and (c) the abandonment, conversion, concealment or unauthorized sale of the Vehicle by Renter or its drivers, agents or employees or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle.

11. RIGHT TO REPOSSESS VEHICLE. If any of Renter’s representations and warranties herein contained are untrue, or if Renter violates any of the terms of the Agreement, or if Company in its sole judgment has reason to believe that Renter has violated or intends to violate the Agreement, then any Authorized Driver’s right to use and operate the Vehicle shall terminate forthwith and Company may seize and repossess Vehicle in any lawful manner without first making any demand and assess to Renter all costs for the repossession of the Vehicle. To the extent permitted by law, Renter waives any right to a hearing or to receive any notice or legal process, as a pre-condition for recovering the Vehicle.

12. REPORTING OF ACCIDENTS, THEFT, VANDALISM AND VIOLATIONS. Renter must promptly and properly report any accident, theft, vandalism and traffic violations involving the Vehicle to Company and the police. If any Authorized Drivers receive any papers relating to the incident, those papers must promptly be given to Company.

13. MISCELLANEOUS. Any Authorized Driver shall not be deemed the agent or employee of Company for any reason whatsoever. No rights of Company under the Agreement may be waived unless in writing and signed or initiated by Company. If any legal action or other proceeding is brought by any of the parties to enforce the
Agreement or to recover damages or equitable relief for a breach thereof, the prevailing party shall be entitled to recover its costs, expert witness fees, collection fees and reasonable attorney fees incurred in any action or proceeding. The Agreement shall be construed and enforced in accordance with the laws of the State of Texas, without reference to the principles of conflicts of laws of such jurisdiction. Each of the parties submits to the jurisdiction of any competent Federal or state 0f Texas. Renter authorizes Company or its agents to obtain and share credit and personal information with credit reporting agencies, credit bureaus and/or collection facilities upon execution of the Agreement within the Legislation of the Personal Information Protection and Electronic Documents Act. To the extent permitted by applicable law, COMPANY MAKES NO WRITTEN, EXPRESSED OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

14.General Provisions: 1) Two days minimum rental agreement 2) Merchant surcharge of 3% 3) Reservation deposit is Non-refundable after 48 hours of reservation. 4) If after hours or when Company is not available, no repairs can be done without Company’s approval, any repairs done without company approval will not be reimbursed 5) No smoking in cars, if smoking occurs there will be a $200 surcharge. 7) The renter has to return the vehicle on the day of the return within the business hours of 8 am to 5 pm. Any late Rentals will be charged an extra day starting from 6:01 pm. 8) There will be a $25 fee for customer drop off. 9)The renter is responsible for any traffic violation included but not limited to parking citations during the rent period.

WARNING:

REMOVE KEYS; LOCK ALL DOORS; CLOSE ALL VEHICLE WINDOWS AND THE TRUNK WHEN LEAVING THE VEHICLE OR RENTER WILL BE RESPONSIBLE FOR ANY LOSS. TEXAS LAW REQUIRES ANY DRIVER OF A PASSENGER VEHICLE AND ANY PASSENGER 5 YEARS OF AGE OR OLDER WHO RIDES IN THE FRONT OR BACK SET OF A PASSENGER VEHICLE TO WEAR A SAFETY BELT IF ONE IS AVAILABLE FOR THAT SEATING POSITION. ANY CHILD UNDER 5 YEARS OF AGE IS REQUIRED TO BE IN A SAFETY SEAT

I understand and will comply to all terms and regulations between myself and “Company”. _____

I understand there is NO SMOKING in any of “Company’s” vehicle and if such is found I agree to pay $200.00 smoking fee. _____

I understand that I will return the vehicle on time on the day of return as specified upon in agreement, if vehicle is not returned on the time and date stated on agreement; all late fees and additional days can be taken out of deposit on file upon return. _____

I understand if I have not returned the vehicle on the time and date specified on agreement, the vehicle will be subject to repossession, additional charges and fees. _____

I understand that I will operate the Vehicle only in the State of Texas, any use outside of Texas must be approved by “Company”, failure to do so may result in voiding of agreement and/or recovery of the Vehicle. _____

I understand that I will pay all the deposit and rental amount agreed upon in agreement and will return the Vehicle in the same condition, cosmetically and mechanically. _____

Renter’s Name: ________________________________________
Renter’s Signature: ________________________________________ Date: __________
Additional Driver’s Name: ________________________________________
Additional Driver Signature: ________________________________________ Date: __________