Terms AND CONDITIONS - RENTAL
Lessor identified on Page 1 hereby rents to the Customer undersigned on Page 1 (herein called "Customer") the vehicle described on Page 1 (herein called "vehicle'') subject to all the terms and provisions on Page 1 and on Page 2 of this Rental Agreement in consideration whereof customer acknowledges and agrees:
I. Customer acknowledges that said vehicle is the property of Lessor, although registered title may be in the name of some third party. Customer agrees to be primarily responsible within the terms and conditions of this Rental Agreement for the vehicle and any subsequent exchange vehicle and damage thereto (including any loss and damage of Lessor for loss of use of a vehicle when damage to the vehicle renders it inoperable or unable to be used by Lessor in the regular and ordinary course of business), listed on Page 1 even though an additional driver or drivers may be listed on Page 1 until such time as said vehicle is returned to HBTVR, Inc. Customer authorizes Lessor to process a credit card voucher in Customer's name for charges arising in condition with this rental including but not limited to any damage onto said vehicle. Customer agrees that he has received the vehicle in good condition, mechanical and otherwise.
1a. LEASE ORDER. Each Lease Order executed on behalf of Customer by any officer or agent of Customer shall be deemed a separate Lease of the vehicle(s) described in said Lease Order, and all of the terms, provisions and conditions of this Rental Agreement shall be fully applicable to each such vehicle as though incorporated in full in each such Lease Order.
2. Customer will return vehicle, together with all tires, tools, accessories and equipment, at Lessors station from which rented or to such other station as designated on Page 1 for check in, in the same condition as when received by the Customer, ordinary wear and tear excepted, on the due back date specified on Page 1, or earlier if demanded by Lessor. Demand for return of the vehicle may be made by Lessor either orally or in writing in such manner as Lessor at its sole discretion deems proper. Without limiting the foregoing, demand shall be deemed delivered to Customer by the deposit of a registered or a certified letter in any government mailbox addressed to either home address, business or local address of Customer as shown on Page 1 herein. The due back shall in no event be more than 31 days from the date vehicle was rented and any provision written on this agreement indicating a longer duration of rental shall be null and void.
3. Customer agrees that under no circumstances shall vehicle be used, operated or driven:
(A) in violation of any of the terms or conditions of this agreement;
(B) by any person in violation of law as to age, or by Customer or by a driver who has given a fictitious name or false age or address or business affiliation;
(C) by any person who is not listed as principal or additional driver on Page 1;
(D) by any person who is under 25 years of age;
(E) for any illegal purpose;
(F) in any race, speed test, contest or trial;
(G) by any person while under the influence of intoxicants or narcotics or any substance that may impair either judgement or mobility;
(H) by any person other than Customer who signed this agreement, unless the consent of Lessor is endorsed hereon;
(I) to carry passengers in other than factory designated seating, or in excess of manufacturers designated seating or load capacity;
(J) to carry passengers or property for a consideration. expressed or implied;
(K) in violation of any federal, state, province, municipal law, ordinance, rule or regulation governing the use, operation or return thereof;
(L) outside the state wherein rented, nor shall vehicle be removed from the state without the prior written consent of and subject to any additional conditions and terms deemed necessary and proper by the Lessor;
(M) on other than a regularly maintained roadway: The foregoing restrictions are cumulative and each of them apply to every use, operation or driving of said vehicle.
4. Customer agrees to pay Lessor on demand.
(A) All mileage, time, service, minimum, and other charges to be entered on Page 1 of this rental agreement at the rates specified on Page 1 until vehicle is returned to the station specified on Page 1. All mileage charges to be determined by reading the factory installed odometer before and after each rental. Customer agrees to be solely responsible for this and subsequent rentals should he be renting a vehicle for a third party listed as an additional driver until such time as the vehicle is returned to HTVR, including but not limited to any damages and recovery fees applicable. It is understood by the Customer that only the physical return of the vehicle by the Customer may terminate the rental even though the rental may have been renewed at the end of the initial 31 day period by HTVR as required by state law. Customer agrees that any renewal rental or rental extension initiated by an additional driver is binding upon the Customer as if initiated by the Customer himself (power of attorney). Customer's responsibility to pay the agreed rental rate to Lessor, per Page 1 does not end until all repairs have been made to the vehicle damaged, but such responsibility shall end only when the vehicle is returned to Lessor after all reasonable repairs are done to the vehicle. Lessor agrees to have such repairs performed to the vehicle in an expeditious manner and in a reasonable time.
(B) A sum equal to the value of all tires, tools and accessories, lost or stolen from said vehicle;
(C) The amount of any fines for parking, traffic or legal violations assessed against the vehicle is the renter's responsibility;
(D) All applicable state, province and local taxes payable on any items owed to Lessor;
(E) There will be an additional fee charged to Customer, should Lessee fail to deliver the vehicle back to the city where the vehicle was originally rented. Such fee to be charged to Customer by Lessor to return the vehicle to the city where the vehicle was rented and shall be calculated as follows: $.40/per mile from where the vehicle was dropped by Customer and back to the city where vehicle was originally rented, or $30.00, whichever is greater, unless other prior arrangements have been agreed to by Lessor and Customer in writing.
5. Customer is responsible for all damage, collision, or any other damage including loss or damage from fire, theft, weather or for other type comprehensive type damages including attorney’s fees, court costs, or other costs of collection. Customer may at the time of rental have initialed the box entitled LDW hereon, thereby agreeing to pay Lessor an additional specified fee. Acceptance of LDW docs not negate Customers responsibility for damages caused intentionally or as a result of willful and wanton misconduct of an authorized driver. Acceptance of LDW does not waive Customers responsibility for roof damage.
5a. In case the vehicle is " totaled" or stolen, during the term of this agreement and Lessor is not fully compensated by any insurance coverage, then Customer agrees to pay to Lessor as follows:
(A) if such vehicle is owned by Lessor under a manufacturer's buyback program, hereinafter referred to as a "program car", Customer will pay the equivalent amount to Lessor that the manufacturer would have paid Lessor had the car been returned back to the manufacturer under the manufacturer's program; or,
(B) if the vehicle is not a "program car" Customer will pay the fair market value at the time the vehicle is "totaled" or stolen.
6. Customer, after having initialed acceptance of LDW and after having complied with all of the terms herein, becomes one of the insured(s) under the insurance policy covering said vehicle, agrees to comply with all the terms and conditions of said policy, which by this reference thereto are incorporated herein and made a part of this agreement. The bodily injury liability and property damage liability insurance provided has limits equal to those required by any applicable statue or law or by any applicable Finance or Safety Responsibility Law. Customer, in failing to accept LDW agrees to indemnify Lessor and its insurance carrier for any and all loss, damage, cost and expense paid or incurred by either Lessor or its insurance carrier or both because of injuries or damage sustained by occupants of said vehicle. Customer shall immediately report, in writing, any accident to Lessor, and Customer shall cooperate fully with Lessor and their insurance carrier in all matters connected with the investigation, defense, prosecution of any claim or suit by furnishing, upon request to Lessor or Lessor's insurance carrier, Customers insurance policy number, agent and telephone number and other requested policy information of Customer(s) or additional driver(s).
6a. We do not offer automobile liability insurance over any other liability insurance coverage available to the Renter.
7. Upon parking vehicle Customer shall set the parking brake and put the transmission into the park or locked position. Customer shall lock vehicle and remove the key therefrom at all times when vehicle is not being operated.
8. The number of miles over which vehicle has been driven under this Rental Agreement shall be determined by reading the standard mileage recording device attached to vehicle by the manufacturer. Customer shall not disconnect or tamper with that mileage recording device, and if there is evidence that the device has been tampered with or disconnected or for any reason shall be inoperative, Customer agrees that at the discretion of the Lessor, Customer agrees that Customer shall pay as liquidated damages, in addition to any and all other charges specified in this agreement certain liquidated damages should it be determined that Customer has disconnected or tampered with the mileage recording device in the vehicle. The liquidated damages shall be $10.00 for each hour that the vehicle is rented under this agreement and shall be paid to Lessor. Such liquidated damages have been agreed to by Lessor and Customer because the harm caused by the Customer's misconduct is incapable or difficult to forecast, and, the $10.00 per hour agreed to is a reasonable forecast of just compensation due to Lessor by reason of the disconnection or tampering of the mileage recording device in the vehicle. The parties further agree that these damages are not a penalty provision under this agreement, and not disproportionate to the actual damages suffered by Lessor.
9. If there is any violation of the terms, conditions, covenants, or restrictions of this Rental Agreement or of the insurance policy referenced herein by Customer and any such other driver to whom Lessor has granted permission to operate a vehicle, the rights of that Customer or additional driver shall immediately terminate and Customer and any additional driver will be fully liable for the entire amount of all damages, including down time, of any kind to the vehicle, drivers, or passengers from any cause whatsoever; the bodily injury liability and property damage liability of Lessor immediately becomes inoperable and of no force and effect; and such violation/s become and shall constitute an absolute defense against any claim filed against Lessor or its insurance carrier. In this regard, Customer and any such additional driver hereby, jointly and severally, agree to indemnify and save and hold Lessor and its insurance carrier from any and all damages, loss, costs, and expenses which Lessor, or it's insurance carrier, or both, shall sustain, including but not limited to, court costs and attorneys· fee s, by reason of any claim for personal injury or property damage.
10. Upon termination of the rights of Customer or such other driver to use or operate vehicle due to a violation as provided in paragraph 9 above, Customer and such other driver agree to cease using or operating vehicle immediately, to notify Lessor of such cessation and to pay all expenses incurred by Lessor in returning vehicle to the place of rental, and Customer and such other driver further agree that any continued operation or use of vehicle after such a violation is operation without knowledge, consent, or permission of Lessor and Customer and such other driver shall be in unlawful possession of vehicle, and Lessor may notify the police or other authorities that vehicle has been stolen or embezzled, and in such event Customer and such other driver each releases and discharges Lessor from any and all claims, suits, or demands of every kind or nature whatsoever arising therefrom, including but not limited to any alleged false arrest, false imprisonment, false detention, defamation of character, assault, malicious prosecution, infliction of emotional distress, trespass or invasion of civil rights arising out of or relating to the issuance of a warrant for the arrest of Customer or any other action by Lessor, including but not limited to self help, which Lessor deems necessary or proper in order to effect the return of the vehicle, or the collection of any money owed Lessor pursuant to the terms of this rental agreement.
11. Customer(s) and any other person authorized to drive one of Lessor's vehicle hereby waive any remedies or provisions of said liability insurance policy or any statute or regulation permitting a Customer or any such pe son to recover damages from bodily injury from Lessor or its insurance carrier when any said damages result of the liability of, or involvement with, a vehicle driven by the owner or operator of an uninsured or under insured motor vehicle.
12. In the event Lessor retains the service of an attorney to recover possession of a vehicle, to enforce any of the terms of this Rental Agreement, or to collect any monies or sums due Lessor as a result of damages to a vehicle, cost in conjunction therewith, or any breach of this agreement by a Customer or any additional driver, Customer agrees to be liable for and pay all costs and reasonable attorneys fees incurred by Lessor in this regard.
13. If Customer has directed the billing charges hereunder to be transmitted to another person, firm, or organization, both Customer and such other person, firm, or organization, shall be jointly and severally liable to Lessor for the payment of all money due or to become due by reason of this agreement. Customer acknowledges that he has been authorized to enter into this agreement and to incur this indebtedness by, for, or in behalf of any person, firm, partnership, corporation or other organization. As service charge, up to one and one-half percent ( 1 1/2 %) per month, but not to exceed the maximum rate allowed by law, shall be added to all charges not paid within thirty (30) days of due date.
14. Customer shall not permit any repairs or alterations to be made to vehicle or permit any lien to be placed upon vehicle without Lessor's prior written consent. Customer shall pay all charges in connection with the use, repair or safekeeping of vehicle.
15. Neither Customer or any driver of vehicle shall in any event be deemed the agent, servant, or employee of Lessor, in any manner or for any purpose whatsoever.
16. Lessor shall not be liable for lessor damage to any property left, stored, or transported by Customer or any other person in or upon vehicle either before or after the return thereof to Lessor, whether or not said loss or damage was caused by or related to the negligence of Lessor, its agents, servants, or employees. Customer hereby assumes all risk of such loss or damage and waives all claims against Lessor by reason thereof, and Customer hereby agrees to hold Lessor harmless from and to defend and indemnify Lessor against all claims based upon or arising out of such loss or damage.
17. Notwithstanding anything herein contained to the contrary, Customer shall be solely liable and responsible for all fines, penalties, and forfeitures imposed by parking or traffic violations while vehicle is held, used, operated or driven pursuant to this Rental Agreement, and Customer hereby agrees to indemnify Lessor for all losses, attorneys fees, and costs which may be incurred by Lessor on account of the imposition of any such liens, penalties, or forfeitures.
18. The terms and conditions contained in this Rental Agreement may not be modified except by written agreement executed by the duly authorized Agent of Lessor and by Customer. This agreement constitutes the entire agreement between Lessor and Customer. Customer warrants that all information supplied to Lessor is true and correct. Any suit regarding this contract will be brought in a court of competent jurisdiction in Harris County, Texas.
19. Forbearance or indulgence to the Customer in any regard whatsoever shall not constitute a waiver of any terms, condition or limitation to which the same may apply.
20. Lessor makes no warranties, either expressed or implied as to any matter whatsoever, as to the condition of the equipment, merchantability, fitness for any purpose or any other matter concerning any other vehicle rented hereunder. Lessor is not liable for trip interruption expenses, or any other expenses due to vehicle failure.
21 This lease shall be construed under and in accordance with the laws of the State of Texas. Any cause of action arising pursuant to the terms and conditions of this rental agreement shall be brought in a court of competent jurisdiction in Harris County, Texas.
22. In the event any one or more of the provisions contained in this lease, shall for any reason be held invalid or unenforceable in any respect, the remaining provisions shall nevertheless be valid and have full force and effect.