1. ACKNOWLEDGMENT. Customer agrees that by Customer’s signature on the Vehicle Rental Agreement to which these General Terms and Conditions are attached (the Vehicle Rental Agreement and these General Terms and Conditions shall be collectively referred to herein as “Agreement”), that Customer has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained herein and therein, for the duration of the rental period. Customer expressly acknowledges that Customer and Owner are the only parties to the Agreement, notwithstanding that a reservation for the vehicle(s) identified in the Agreement (collectively, the “Vehicle”) may have been arranged by a third party and that a third party may pay for all or part of the Rent (defined below) and/or selection of optional products. For matters related to the Agreement, Customer authorizes Owner to verify and obtain, through credit agencies or other sources, Customer’s personal, credit, and insurance information.
2. TERM. The Agreement shall become effective with respect to each Vehicle upon the earliest to occur of the following events: (i) when it is delivered by Owner to Customer; (ii) forty-eight (48) hours after Owner notifies Customer that the Vehicle is available for use; or (iii) upon Customer taking Possession (defined below) following Owner’s notification that the Vehicle is available for use, and shall continue until the Vehicle is returned or recovered, and in either case, checked in by Owner regardless of the dates noted at “DATE OUT” and “DATE IN” on the Vehicle Rental Agreement (the “Term”) unless terminated earlier as provided hereafter.
3. RENT CHARGES. Customer agrees to pay Owner all rent and other charges set forth on the Vehicle Rental Agreement (“Rent”) for each Vehicle without deduction or set-off. Unless Customer notifies Owner in writing within thirty (30) days of the date of any invoice that any charge is incorrect, such invoice will be conclusively presumed to be correct and Customer will be deemed to have accepted the invoice price for Rent. All fixed charges shall be invoiced by Owner in advance, and mileage and other charges provided herein shall be invoiced in arrears. All payments shall be made on or before the “Due Date” set forth in the applicable
invoice by EFT or Credit Card
4. ADDITIONAL CHARGES. In addition to Rent, Customer shall be responsible to pay for the following:
(a) Any optional or additional accessories or services provided by Owner;
(b) Fuel charges as set forth on the Vehicle Rental Agreement;
(c) A mileage charge of __ per mile for each mile exceeding the “MAX MILES” set forth on the Vehicle
(d) Taxes, fees and other mandatory charges imposed by states, counties and other governmental
(e) Insurance premiums and all other costs related to the insurance required to be provided by Customer pursuant to the terms of the Agreement;
(f) Damage, loss or theft of a Vehicle or optional accessory, including all related costs;
(g) Fines, costs and attorney fees for legal violations, parking, tolls, towing and other similar costs incurred by Owner during the Term;
(h) A late charge of 1.5% per month, not to exceed the maximum amount allowable by applicable law, on all charges not paid within thirty (30) days of the end of
(i) All costs and expenses incurred by Owner in collection of amounts due to Owner or in regaining possession of the Vehicle or enforcing any term or condition of the Agreement, including attorney fees and
other administrative costs incurred by Owner; and
(j) A cleaning and/or disposal fee if the Vehicle is not returned clean (as determined by Owner in its reasonable discretion) and emptied of Customer’s personal property.
(k) Cleaning Fee. There will be a $25 if the vehicle isn’t returned as clean as when the vehicle delivered, as reasonable as representative sees fit.
IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY, CUSTOMER AND/OR CUSTOMER’S REPRESENTATIVE HEREBY AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THE
AGREEMENT INCLUDING, IF ANY, THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT.
5. VEHICLE OWNERSHIP AND DISCLAIMER OF WARRANTY. Customer acknowledges that the Vehicle and other optional accessories accepted by Customer are the property of Owner, even if owned registered or titled to a third party. Customer is not an agent of Owner and has no authority to bind Owner. Customer agrees that Customer received the Vehicle and any other optional accessories in good physical and mechanical condition. CUSTOMER IS TAKING POSSESSION OF THE VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT THE VEHICLE AND ANY OPTIONAL ACCESSORIES. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND OPTIONAL ACCESSORIES.
6. OPERATION OF VEHICLE. Customer agrees not to alter the Vehicle or any optional accessories. If Customer or any Driver listed on the Vehicle Rental Agreement (“Driver”) determines that a Vehicle or any optional accessories are unsafe, Customer or Driver shall immediately stop operating the Vehicle and any optional accessories and notify Owner in a writing detailing the concern. Customer and any Driver agree to contact Owner immediately upon the illumination of any warning lights illuminating within the Vehicle.
7. RETURN OF VEHICLE. Upon the expiration or termination of the Agreement with respect to any Vehicle, Customer shall return any such Vehicle to Owner at the office at which the Vehicle was rented, or any other location reasonably designated by Owner, in the same condition as received, ordinary wear and tear excepted. If a Vehicle is kept after expiration of the Term, Rent at the then current daily-use rate shall be charged to Customer until such Vehicle is returned to Owner.
Pursuant to Utah Code 76-6-410.5 failure to return a Vehicle within seventy-two (72) hours from the date and time specified by Owner may subject Customer to prosecution for theft punishable by the maximum penalties under Utah State law.
8. INSURANCE AND INDEMNIFICATION.
(a) Liability Insurance. Customer agrees to obtain and provide payment for a standard policy of automobile liability insurance with limits sufficient to satisfy state law, but in no event less than an amount sufficient to replace the Vehicle (the “Required Liability Insurance”). Further, the Required Liability Insurance must be written by a company approved by Owner, covering Owner and Customer as insureds for the ownership, maintenance, use or operation of the Vehicle and any vehicle being provided as a substitute therefore or as an extra vehicle. The Required Liability Insurance shall provide that the coverage is primary and not additional or excess coverage over insurance otherwise available to either Party. Customer shall, prior to delivery of any Vehicle to Customer, provide to Owner, and any other insured which so requests a certificate of insurance, a certificate of insurance confirming compliance with this paragraph and confirming that coverage cannot be canceled or materially altered without thirty (30) days prior written notice to all parties thereto. If Customer fails to procure and maintain the Required Liability Insurance or fails to provide the required certificate of insurance to Owner, Customer shall indemnify and hold Owner harmless from and against any claims or causes of action for death or injury to persons or loss or damage to property arising out of or caused by the ownership, maintenance, use or operation of any Vehicle, whether or not due in whole or in part to any act, omission or negligence of Owner or any of its agents, representatives or employees, including any driver or other personnel, and Owner is authorized but not obligated to procure such liability insurance, without prejudice to any other remedy Owner may have, and Customer shall pay Owner, as additional rent, the amount of the insurance charges paid by Owner. Furthermore, failure to procure, maintain, or provide the required certificate of Required Liability Insurance shall entitle Owner to terminate the Agreement and entitle Owner to consequential damages as a result of the termination, including, but not limited to, lost rental payments on a per diem basis.
(b) Physical Damage Insurance. Customer agrees to obtain and provide payment for physical damage insurance acceptable to Owner with Owner as a loss payee (“Required Physical Damage Insurance”). Such Required Physical Damage Insurance must have a deductible amount not to exceed the amount $2,500.00. Customer shall, prior to delivery of any Vehicle to Customer, provide Owner with a certificate of insurance confirming compliance with this section, and providing that coverage cannot be canceled or materially altered without thirty (30) days prior notice to all parties thereto. If Customer fails to procure and maintain the Required Physical Damage Insurance or fails to provide the required certificate of insurance to Owner, Customer, notwithstanding, if applicable, Section 2A-219(1) of the Uniform Commercial Code, agrees to assume the risk of loss or damage to any Vehicle and to reimburse Owner for all its losses (including theft), costs and expenses resulting from loss or damage to Vehicles, any Vehicle being used as a substitute therefor and any extra or additional Vehicle whether or not due in whole or in part to any act, omission or negligence of Owner, and Owner is authorized, but not obligated, to procure such physical damage insurance, without prejudice to any other remedy Owner may have, and Customer shall pay Owner, as additional rent, the amount of the insurance charges paid by Owner.
(c) Cargo Insurance and Losses. Customer shall obtain any cargo insurance that Customer requires. Customer agrees to indemnify and hold Owner harmless from any liability for loss or damage to any cargo or other property in or carried by any Vehicle, including consequential damages, and for any loss or damage to any other property of Customer, its agents or employees, left in or on a Vehicle at any time or place. The provisions of this section shall survive termination or expiration of the Agreement.
(d) Indemnification. In addition to any other agreements to indemnify set forth in the Agreement, Customer agrees to indemnify and hold Owner harmless from and against any and all claims, causes of action, damages, demands, liabilities and expenses of any kind (including without limitation reasonable attorney fees and costs, fines and penalties) relating to or arising out of the ownership, maintenance, possession, use, operation, control or storage of any Vehicle. The provisions of this section shall survive expiration or termination of the Agreement.
(e) Use and Operation of Vehicles. Customer acknowledges that Customer has exclusive possession and control of the Vehicle during the Term and Owner does not assume any liability or responsibility for, or assume any dominion or control over, the use and operation of Vehicles rented hereunder. Customer agrees to notify each and every person driving the Vehicles that none are operated under the direction and control of Owner and that the driver or operator of any Vehicle is not an employee of Owner. Customer further agrees that if Customer sub-rents or in any way loses exclusive possession of, and control over, any Vehicle provided under the Agreement, any insurance provided by Owner shall become null and void for that Vehicle.
9. LIMITS ON USE AND TERMINATION OF RIGHT TO USE. Customer has exclusive possession, control and use of the Vehicle and has responsibility for the operation of the Vehicle for the Term; however, the Vehicle may not be used or operated:
(a) Other than in course of Customer’s business if the rental is for business use;
(b) Outside of the United States without Owner’s prior written consent;
(c) For transporting persons for hire as a school bus, or for driver training;
(d) For the transport of goods, products or persons for hire as a common carrier, a contract carrier or a private carrier of property or passengers UNLESS:
(i) Customer obtains bodily injury and property damage liability insurance required by the state and/or federal government in the state where the Vehicle is rented and/or operated and furnishes, upon Owner’s request, satisfactory evidence of such insurance with Owner as an additional named insured and loss payee
on the policy; and
(ii) Customer and any Drivers hold a valid license for that purpose and comply with all valid federal, state and municipal laws, ordinances and regulations.
(e) To haul or store hazardous materials or pollutants of any kind or nature, including without limitation, explosives, chemicals, corrosives or medical waste;
(f) In areas of civil unrest, including, without limitation labor strike areas;
(g) With a load in excess in excess of the Vehicles Gross Vehicle Weight Rating which is, weight of the Vehicle plus weight of load, as indicated on the driver’s side door jamb, or with an improperly or unevenly divided load as per the Vehicle
manufacturer’s specifications and/or guidelines;
(h) With occupants exceeding the number of seat belts provided in the Vehicle by the manufacturer, with occupants outside of passenger compartment of Vehicle or to transport or store livestock.
(i) To tow or push anything without Owner’s prior written consent. If Owner grants consent, Customer will abide by all manufacturer’s specifications and requirement and all legal and regulatory obligations
(j) Without sufficient levels and types of fuel, coolants, lubricants and/or fluids;
(k) While the driver is impaired by the use of alcohol, narcotics, intoxicants or drugs used with or
without a prescription;
(l) In a reckless or wanton manner;
(m) On an unpaved road or off-road;
(n) In any race, speed test or contest;
(o) By any person other than Customer or Drivers;
(p) By anyone who has been given a fictitious name, false address, a false or invalid driver’s license; whose driver’s license becomes invalid during the Term; 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 the Vehicle;
(q) In interstate commerce unless properly licensed and authorized by applicable authorities; or
(r) For any purpose in violation of any federal, state or municipal law, ordinance or regulation.
In the event any violation of the limits on use or any other provision of the Agreement, Owner automatically, without any further notice to Customer or Drivers, terminates their rights to use Vehicle and Owner retains any rights remedies provided by law. Owner has the right to seize the Vehicle without legal process or notice to Customer or Drivers. Customer and Drivers herby waive all claims for damages connected with such seizure including loss or damage to contents or cargo, and shall pay all expenses incurred by Owner in returning the Vehicle to Owner and for the cost of storing any contents and/or cargo contained in the Vehicle. If Customer or a Driver continues to operate the Vehicle after the rights to do so is terminated, Owner has the right to notify police that the Vehicle has been stolen. Customer and Drivers hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Customer remains responsible for all charge, costs, taxes, fees and obligations as set forth in the Agreement.
10. ACCIDENTS. Damage to, loss or theft of, the Vehicle must be immediately reported in writing to Owner, and in no event later than the following business day after the incident occurs. Customer, Customer’s representative, or a Driver must immediately deliver to the office where the Vehicle was rented every process, pleading of paper relating to any claims, suits or pending proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Customer, Customer’s representative and Drivers shall cooperate fully with Owner and its representatives, at Customer’s sole cost any expense. The 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, Customer consents to Owner or its representative retrieving and using such data from the EDR.
11. DAMAGE TO, LOSS OR THEFT OF, VEHICLE, OPTIONAL ACCESSORIES AND RELATED COSTS. Except to the extent restricted, modified or limited by applicable law, Customer accepts responsibility for any damage to, loss of or theft of, the Vehicle, optional accessories or any part or accessory occurring during the Term regardless of fault or negligence of Customer or any other person or act of God. Customer shall pay Owner the amount necessary to repair the Vehicle and/or optional accessories. Customer shall not have the Vehicle or optional accessories repaired without permission from Owner. If the Vehicle is stolen and not recovered, or Owner determines the Vehicle is to be salvaged, Customer shall pay Owner the fair market value, as determined by Warner Van Rental, of the Vehicle less any sale proceeds. If the Vehicle is returned during nonbusiness hours or to any place other than the office at which the Vehicle was rented, any damage to, lose or theft of, the Vehicle or optional accessories occurring before an employee of Owner checks in and inspects the Vehicle shall be Customer’s responsibility to pay for.
12. RESPONSIBILITY TO THIRD PARTIES. Except to the extent required by motor vehicle financial responsibility laws of the applicable state or otherwise by law, Owner does not extend any of its motor vehicle financial responsibility to Customer, Drivers, or any passengers or third parties through the Agreement. Customer agrees that it is responsible to carry valid automobile liability insurance or self-insurance as is available on any basis to Customer or Drivers in order to satisfy the applicable state motor vehicle financial responsibility laws. In the event that Customer fails to satisfy its insurance obligations herein, Owner’s obligation is limited to the applicable state minimum financial responsibility amounts. Unless required by law, Owner’s financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.
13. INDEMNIFICATION BY CUSTOMER. Customer shall defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs attorney fees and other expenses incurred by Owner in any manner related to the Agreement, or from the use of the Vehicle and/or optional accessories by any person, including claims or liabilities to, third parties and claims for loss or damage to cargo or personal property. Customer may present a claim to Customer’s insurance carrier for such events or losses; but in any event, Customer shall have final responsibility to Owner for all such losses.
14. PERSONAL INJURY PROTECTION AND UNINSURED/UNDERINSURED MOTORIST PROTECTION. Except as required by law, Owner does not provide personal injury protection, fault benefits or medical payment coverage, or such other coverage commonly referred to as “PIP” or “Underinsured/Underinsured Motorist Protection (UM/UIM)” through the Agreement.
15. CARGO AND PERSONAL PROPERTY. Owner is not responsible for and damage to, loss or theft of, any cargo or property, whether the damage, loss or theft occurs during or after the Term, regardless of fault or negligence. Customer is responsible for loading and unloading any cargo or property on or off the Vehicle. Customer acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any cargo or personal property carried in, stored, loaded or left in the Vehicle or on Owner’s premises.
16. THIRD PARTY PROCEEDS. If a third party, including, without limitation, an insurance company, authorizes payment of any amounts owed by Customer under the Agreement, Customer hereby assigns to Owner Customer’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Customer under the Agreement. Customer remains responsible for all charges not paid by third parties, including but not limited to charges for vehicle upgrades, optional products, extra rental days, mileage, fuel and all other charges and/or fees.
17. POWER OF ATTORNEY. Customer hereby grants and appoints to Owner a limited power of attorney:
(a) To present insurance claims of any type to Customer’s insurance carrier if:
(i) The Vehicle is damaged, lost or stolen during the Term and if Customer fails to pay for any damages; or
(ii) Any liability claims against Owner arise in connection with the Agreement and Customer fails to defend, indemnify and hold Owner harmless from such
(b) To endorse Customer’s name to entitle Owner to receive insurance payments directly for any such claims, damages, liabilities or rental charges.
18. SEVERABILITY. If any provision of the Agreement is determined to be unlawful, contrary to public policy, void or unenforceable. All remaining provisions shall continue to be in full force and effect.
19. NO ASSIGNMENT. Customer shall not transfer or assign the Agreement and/or sublease the Vehicle without Owner’s prior written consent.
20. LIMITATION OF REMEDY/NO CONSEQUENTIAL DAMAGES. If Owner breaches any of its obligations under the Agreement and/or if the Vehicle has any mechanical failure or other failure not caused by Customer or a Driver, and if Owner is liable under applicable law for such a breach or Vehicle failure, Owner’s sole liability to Customer is limited to the substitution of another similar vehicle by Owner. CUSTOMER AND DRIVERS HEREBY WAIVE ALL CLAIM FOR CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO CUSTOMER DRIVERS. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO CUSTOMER OR DRIVERS.
21. TELEMATICS NOTICE AND RELEASE. The Vehicle may be equipped with telematics system. Customer acknowledges that such systems utilize cellular telephone and/or radio signals to transmit data and communications, and therefore, privacy cannot be guaranteed and is specifically disclaimed by Customer. Customer authorizes any person’s use or disclosure of or access to, (i) call location information concerning Customer or other user, (ii) automatic crash data, (iii) vehicle location information and (iv) operational condition, mileage, diagnostics and performance reporting of Vehicle as permitted by law. Customer shall inform any and all Drivers that: Vehicle may be equipped with telematics systems; that privacy cannot be guaranteed due to the communicate data; and that Customer has authorized use, disclosure or access as provided herein. Customer releases Owner and agrees to indemnify, defend, and hold harmless Owner, operator of the telematics system, wireless carriers and other suppliers of component or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Customer or a Driver) or property caused by failure of the telematics system to operate properly or otherwise arising from the use of the telematics systems by Customer, a Driver, or Owner. Third party service providers are not agents, employees or contractors of Owner.
22. RELEASE OF INFORMATION TO THIRD PARTIES. Customer agrees Owner may, and Customer expressly authorizes Owner to provide information in Owner’s possession about Customer and Drivers, including but not limited to name, address, phone numbers, driver’s license and/or credit card information to applicable authorities or other third parties, in connection with the Agreement including, without limitation , providing Customer’s or Drivers’ personal data to third parties which conduct services on Owner’s behalf.
23. GOVERNING LAW/VENUE. All terms and conditions of the Agreement shall be interpreted, construed and enforced pursuant to the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether in the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdictions other than the State of Utah. If legal action is commenced by any of the parties hereto with respect to the subject matter hereof, the parties hereto agree that the jurisdiction and venue of such action shall be in the state or federal Utah court of competent jurisdiction located in Salt Lake County, Utah. The parties hereto hereby accept Utah’ jurisdiction and agree to accept service of process as if they were personally present and served within such jurisdiction.
24. WAIVER OF RIGHT TO TRIAL BY JURY. THE PARTIES HERETO HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS AGREEMENT, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY EACH PARTY AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE.
25. WAIVER. No failure to exercise, and no delay in exercising, on the part of Owner, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of Owner hereunder shall be in addition to all other rights provided by law. No modification or waiver of any provision of this Agreement, nor any consent to any departure therefrom, shall be effective unless in writing and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand.