Terms And Conditions
Definitions.
Definitions. “Agreement” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the customer elsewhere in this
Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction.
All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. ”We”, “our” or “us” means the business named on the reverse side of this
Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least
age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and
all its tires, tools, accessories, equipment, keys and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does
not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical
Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any purpose
caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or
replaced, times the daily rental rate.
Rental, Indemnity and Warranties.
This is a contract for the 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. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees
we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no
warranty of merchantability and no warranty that the vehicle is fit for a particular purpose.
Condition and Return of Vehicle.
You must return the Vehicle to our rental office on the date and time specified in this Agreement, and in the same condition that you
received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle
until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You
must check and maintain all fluid levels.
Responsibility for Damage or Loss; Reporting to Police.
You are responsible for all loss or theft of, or damage to, the Vehicle, which includes the cost of repair, or the
actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the vehicle, plus loss of use, diminished value of the
Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and
vandalism to us and the police as soon as you discover them.
Breach of Agreement:
the acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an
Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-
prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading
information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law,
other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or
contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h)
occurs outside the geographic limitations indicated on the reverse; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the
Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger
compartment; (I) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been
tampered with or disconnected; (n) occurs when the vehicle’s fluid levels are low, or It is otherwise reasonable to expect you to know that further
operation would damage the vehicle; (o) results from inadequately secured cargo; ( p ) where applicable, Is caused by anyone who lacks experience
operating a manual transmission; (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any
accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach 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.
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 liability insurance, we provide auto liability insurance (the
“Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent The Policy provides bodily injury and property
damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss.
You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the
terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
Charges
You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including, but not limited to: (a) time
and mileage for the period you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges
for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes;
(f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle
assessed against us or the vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where
the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect
to repossess the Vehicle under the terms of this Agreement; (h) all costs. including pre- and post-judgment attorney fees, we incur collecting payment from
you or otherwise enforcing our rights under this Agreement; (i)a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%) on
all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k)
a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented.
Deposit:
We may use your deposit to pay any amounts owed to us under this Agreement.
Your Property:
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 liability insurance, we provide auto liability insurance (the
“Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss.
You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the
terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
Modifications:
No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish 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 and agreements between you and us regarding this rental are void.
Age Restrictions
Cancellations made 7 days or more in advance of the booking date, will receive a 100% refund. Cancellations made within 2 – 6 days of booking will receive a 50% refund. No refund for cancellations less than 48 hours. We understand things come up but enforce this rule as bookings block the use of a Vehicle for a period of time and we loose the opportunity to rent to someone else.
Breach of Agreement:
Insurance Requirements
You are responsible for all damage and/or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle and must remain in effect for the duration of the rental period. Comprehensive and collision deductibles must not be more than $1,000. All drivers must carry some form of insurance to cover damages to the Vehicle in the event of an accident. You’ve got several options: The easiest option is if you carry an insurance policy on a personal vehicle that you own or lease. We will verify with your insurer that your policy is active.
Additional Drivers
Additional drivers must meet the same rental qualifications as the renter. Additional drivers must appear with the primary renter at the time of pick up. There will be no additional charge for each additional authorized driver including a spouse or domestic partner. There is a limit of two additional drivers per rental contract. A spouse or domestic partner is the only permitted additional driver on non-credit card deposits. Additional drivers age restrictions are the same as primary.
Driving Record
Optimum EV Rentals reserves the right to deny rental if the driving history reveals any of the following:
invalid, suspended or revoked license
one or more convictions for reckless driving within 48 months
one DUI, DWI or DWAI conviction within 48 months
failure to report an accident/leaving the scene of accident within 36 months
possession of stolen vehicle or use of a vehicle in a crime
expired license
three or more convictions for moving violations within 24 months (excluding seatbelt violations)
two or more accidents within 36 months
other activities that suggest an unsatisfactory driving record.
Payments & Deposits
Payment is due upon booking to reserve the date/time chosen. Refundable security deposits are held at the time of pickup and start at $150. If you book with a debit card deposits can be $1,000 or more depending on your insurance deductibles. Deposits can not be used to extend your booking. Deposits are used in the event there is damage, tolls, tickets, or fees not included in the rental agreement. Security deposits are returned to the same card used.
Cancellation Policy
Cancellations made 7 days or more in advance of the booking date, will receive a 100% refund. Cancellations made within 2 – 6 days of booking will receive a 50% refund. No refund for cancellations less than 48 hours. We understand things come up but enforce this rule as bookings block the use of a Vehicle for a period of time and we loose the opportunity to rent to someone else.
Mileage Policy
Mileage allowance is 300 miles per day unless otherwise specified. Up to a $3/mile charge for overages depending on the Model. In some cases mileage and overages are negotiable. Please message us for any questions before your trip. We do offer trip extras to add additional miles or even unlimited miles on some listings. These typically need to be purchased before the trip start. These can be found at checkout under ‘Trip Extras’.
Smoking Policy
Smoking of any kind is NOT permitted within the Vehicle at anytime. Violation of this agreement will be fined upward of $350 or more depending on if there is damage (small and/or physical damage)
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. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in
connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid
and enforceable.