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Vehicle Rental Agreement

 

This Vehicle Rental Agreement (the “Agreement”) and These Terms and Conditions is made between Rideshare Car Rentals, LLC(“platform”), Distinct Cars, LLC (owner), and Renter (“Renter”) signed by Renter electronically or in person constitutes the rental agreement between the Renter and Owner.  Owner and Renter are hereinafter collectively referred to as “Parties”.

 

Rideshare Car Rentals, LLC(“platform”) is a third party facilitating the transaction between car owners and car drivers by providing a platform.

 

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:

 

1. Term. This Agreement shall commence on the day the Renter takes possession of Vehicleand remain in full force and effect until Vehicle is returned to Owner. Renter shall return the vehicle at time of expiration of the rental term unless this Agreement is extended or terminated according to provisions herein. Total price for the booking is excluding any late fees or other fees, costs, and expenses. If renter extends the rental, renter will be charged the rental price, insurance fees, and transaction costs as they accrue daily.Renter can extend the car rental on a daily or weekly basis as long as vehicle remains in good condition. This contract will be valid until rental extensions commence or the vehicle is returned, whichever is later. This contract will be valid as per applicable laws.

 

2. Vehicle, The word Vehicle means the vehicle rented to Renter or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in this rental agreement.

 

3. Changes. Any change in this rental agreement or our rights must be in writing and signed by Owner. Renter further agree that Owner have the right to change these Terms and Conditions from time to time either upon written notice to Renter, in paper or electronic form, or upon our posting such changes on the owners web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Owners web site, which date will be indicated therein. Changes to the Terms and Conditions will be posted as they occur on the Owners web site and will govern all rentals even if the terms provided at time of enrollment are different.

 

4.Authorized Drivers.Only Renter is authorized to drive the vehicle. Renter must be at least 21 years old and represent that Renter is also capable and has a current, valid driver’s license to operate the Vehicle are permitted to drive the Vehicle. Any other drivers are prohibited from operating Vehicle. Renteragree that owner have the right to verify that Renter license has been validly issued and is in good standing; and that Owner may in our sole discretion refuse to rent to Renter if renters license has been suspended, revoked, otherwise restricted in any way. Owner reserve the right to deny rentals based upon information about Renters license status or driving record provided by the Motor Vehicle Department of the jurisdiction that issued Renters license or any other reliable source in the business of validating an identity.

 

5. Rental charge. Renter shall pay Daily, weekly or monthly rate(including insurance and transaction fees) and authorize Owner to charge the payment method on file with Owner an amount(s) equal to all payments and fees due under this Agreement as they accrue. Renter will pay for the number of miles/kilometers overage renter drive and the period of time Renter rent the car at the rate indicated below. The minimum charge is two days (48 hours), “calendar day”, plus mileage/kilometer overage, or a fixed fee. Owner will determine the miles/kilometers by reading the factory-installed odometer. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins, and each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. Renter will pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.

 

Renter will also pay a reasonable fee for cleaning the car’s interior upon return for excessive stains, dirt or soilage attributable to your use as determined solely by Owner. If key(s) are not returned with the vehicle, you may be charged an additional fee. We maintain a non-smoking fleet. You will pay an additional charge if you return the car and it smells of smoke. Renter will pay for all tolls incurred during rental period, charges and penalties. The charges may take 4-8 weeks after the rental to be billed to your credit/debit card on file.

 

Renter shall pay other charges in accordance with this Agreement due upon return of Vehicle, to the fullest extent allowed by law, including but not limited to:

 

a)      charges for optional services, if any.

b)      applicable taxes.

c)       Renter will have a 250 miles maximum driving distance per 24 hour day, per reservation. For trips driven above the applicable maximum miles, Renter agrees to pay $0.25 per mile plus applicable taxes.

d)      loss of, or damage or repair to the Vehicle, loss of use, diminution of the Vehicle's value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; Renter authorizes Owner to charge $2500 (two thousand five hundred) insurance deductible on the payment method on file.

e)      Daily rent plus an additional $10 late fee, beginning the second day that the car is late.

f)       unless due to the fault of Owner, all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Vehicle assessed against Owner or the Vehicle during the rental Term.

g)      all expenses Owner incurs related to Renter’s failure to return the Vehicle, including but not limited to costs of locating and recovering the Vehicle. h) a surcharge for drivers under the age of 25.

h)      1.5% interest per month, or the maximum amount allowed by law, for monies 14 days past due.

i)        all costs incurred to collect unpaid monies due and

j)        twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for Renter’s payments that are stopped, rejected for non-sufficient funds, or any other reason

 

6. Security Deposit. In addition to the fees listed in Section 5, Renter shall pay a deposit of $150 at the time this Agreement is signed. Owner may use the deposit funds to cover any amounts due under this Agreement in the event Renter refuses to pay or leaves an outstanding balance.

 

7.Card Reserve. Renter acknowledge that Renter have been informed that Renters credit card or debit card will be charged up to an amount of the estimated total charges due, as reserved, based on your representation about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due, based on your representation about this rental, as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental. Renter consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. Renter understand that Owner will authorize the release of any excess reserve or set aside upon the completion of Renters rental, and that Renter card issuer’s rules apply to Renter credit line or your account being credited for such excess and may not be immediately released by Renter card issuer.

 

8.Return of Vehicle. The Vehicle must be returned to the address where vehicle is picked up or an agreed upon return location by the parties.

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9.Lack of extension or Communication. If Renter does not extend or does not communicate with Owner, then Vehicle is assumed to be lost after 3 days and Vehicle will be reported as stolen to appropriate authorities.  The delinquency will also report the incident to credit reporting agencies.

 

10. Repossessing the vehicle. Owner can repossess the vehicle at any time in Owners sole discretions for reasons that include, but are not limited to the following: Late payment, it is found illegally parked, being used to violate the law or the terms of this agreement, or appears to be abandoned. If the vehicle is repossessed, renteragree’s to pay the actual and reasonable costs incurred to reclaim the vehicle. Owner agrees that such costs will be charged to the card used to rent the vehicle.

 

11. Insurance. Renter agrees to gain a full understanding of the insurance policy and understands there is a $2500 deductible for any damages. Insurance expires at exact date and time of the rental start time and end time. No claim will be adjusted after expiration of insurance, which is valid ONLY during rental duration.

 

12.Prohibited Use of the Vehicle. Certain uses of the Vehicle and other things renter is prohibited to do that will violate this Agreement.

 

A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, and IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO ADDITIONAL LIABILITY INSURANCE PERSONAL ACCIDENT INSURANCE, IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.

 

It is a violation of this paragraph if:

 

a)      Renter use or permit the Vehicle to be used: 1) by anyone other than an authorized driver, 2) to tow or push anything; 3) to be operated in a test, race or contest, or on unpaved roads; 4) while the Renter is under the influence of alcohol and/or a controlled substance; 5) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substances or contraband; 6) recklessly or while overloaded; or 7) if the car is driven into Mexico without our expressed permission. 8) allow any person to smoke in the Vehicle. 

 

Renter, authorized or not: 1) fail to promptly report any damage to or loss of the vehicle when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate with owners investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the vehicle through fraud or misrepresentation; 4) leave the vehicle and fail to remove the keys or close and lock all doors, close all windows and the trunk and the vehicle is stolen or vandalized; 5) intentionally or with willful disregard cause or allow damage to the vehicle, or 6) return the vehicle after hours and the vehicle is damaged, stolen or vandalized or otherwise failed to take reasonable steps to secure the vehicle, its keys or other remote entry and starting devices.

 

13.Repairs or Loss. Vehicle shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.  Renter shall be responsible for any loss or damage to Vehicle and loss of use, diminution of the Vehicle's value caused by damage to it or repair to it and missing equipment.

 

14.Fuel.  The vehicle is required to be returned with the same amount of fuel. If Renter returns the vehicle with less fuel when Renter received it, Owner is subject to a fuel service charge at the applicable rate per-mile or per-gallon.

 

15. e-Toll. If Renter does not pay cash for tolls or the roadway does not accept cash payment you automatically opt into our e-Toll service, pursuant to which Renter agree to pay Owner for all tolls incurred during your rental and all related fees, charges and penalties. You can avoid the convenience fee and any other charges by paying the toll in cash, using your electronic toll device, or avoiding any cashless toll road or passage. The charges may take 4-8 weeks after the rental to be billed to your credit card/debit card.

 

16.Fines, Expenses, Costs and Administrative Fees. Renter agrees to pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges during the rental period. Renter will also pay a reasonable administrative fee with respect to any violation of this agreement, such as for repossessing or recovering the car for any reason. Renter agree Owner may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and Renter will pay Owner for what Owner paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that Owner cooperate with all federal, state, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.

 

17. Condition of Vehicle. The Condition of Vehicle Checklist (“Checklist”) Renter acknowledges that Renter has examined the Vehicle and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

18. Return of Vehicle. Renter shall return Vehicle on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Vehicle to the agreed return location. If Vehicle is not returned on said date, Owner reserves the right to take any legal action necessary to regain possession of the Vehicle.

 

19. Termination. This Agreement shall terminate on return date, unless extended. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.

 

20.Error in Rental Charges. The charges shown on the return record are not final and are subject to review. Renters pay any undercharges and Renter will receive a refund for any overcharges Owner discover on review.  

 

21.Collections. If Renter does not pay all amounts due to us under this Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the vehicle including, without limitation, payment for loss of or damage to the vehicle, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, Owner will take the following actions: a) Renter agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) Renter agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost recovery, and collection fees (collectively, “Costs”). If the law permits, RenterauthorizeOwner and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. Renter also agree that Owner or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by Renter on the Rental Document, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and Renter also authorize us to share that credit and debit card information with third party collection agents and further authorize Owner or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.

 

22.Property in the Vehicle. Owner is not responsible for loss of or damage to any property in or on the vehicle, in any service vehicle, on our premises, or received or handled by Owner, regardless of fault. Renter is responsible for claims by others for loss or damage.

 

23.Use of GPS Tracking Devices. Owner use GPS tracking devices to track or locate vehicle which may be reported stolen, suspected of being stolen or as may be required by law enforcement, or to identify vehicles which have been damaged and may require roadside assistance.

 

24. Credit Report and background check. Renter authorizes Owner to run a consumer credit report and background check to qualify Renter’s ability to enter into this Agreement.

 

25. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Vehicle by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. In no event shall Owner be responsible for any indirect, special or consequential loss or damages arising from Renter’s use of Vehicle, including but not limited to loss profits and loss revenue, even if informed of such damages. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF VEHICLE, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF VEHICLE, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

26. Ownership. Owner shall at all times retain ownership and title to the Vehicle. Renter shall immediately notify Owner in the event Vehicle is levied, has a lien attached or is threatened with seizure as a result of Renter’s action, possession, or use of the Vehicle. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action.

 

27. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches, and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

 

28. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The Parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.

 

29. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

 

30. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material breach of this Agreement and shall be void.

 

31. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

 

32. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

 

33.Consent to Contact. Renter authorizes and consents to Owner, from time to time, contacting Renter Monday through Sunday by telephone call by any live person or entirely pre-recorded message to any landline or cell phone Renter has provided or that Owner or Distinct Cars, if requested by Owner, has identified as yours. These live or entirely pre-recorded messages include messages previously recorded by a live person, “robo calls,” and drop in voice messages. Renter further authorizes and consents to communications by e-mail, text message, SMS, letter, and facsimile to any provided private fax line. Renter agrees that any such contact through these methods may be daily between these hours on the days described above and consent to any such contacts on a daily basis. Renter also agrees that Owner, or Distinct Cars from time to time, may contact you beyond eighteen (18) months, with no limitation on the time length duration for when Owner, or Distinct Cars from time to time, may contact you. Renter understands Renter may revoke this consent to contact by Owner by sending written notice. Renter understands Renter may revoke this consent to contact by Owner by sending written notice.

 

34.Statute of Limitations Extension. Renter agrees, in accordance with California Code of Civil Procedure Section 360.5, to waive and fully give up any right to claim that any debt(s) owed under this Agreement are not collectable by any reason of any statute of limitations.

 

35. Obligation to Update Contact Information. Renter agrees that Renter will update any information submitted to Owner in accordance with Renter’s obligations under California Civil Code of Procedure 1788.20 et seq., including but not limited to any changes in employment, spouse’s employment, residence, spouse’s residence, and other similar contact information as requested by Owner or any such information for any guarantors in this Agreement. Renter authorizes Owner, and Distinct Cars from time to time, to contact Renter, Renter’s spouse, and any relatives from time to time regarding such information to request such updates.

 

36.Choice of Law and Venue. This contract shall be interpreted in accordance with the laws of Los Angeles, without regards for that state’s choice or conflict of laws provisions. Any legal proceeding, arbitration, or mediation shall proceed in a court or venue of competent jurisdiction in the county of Los Angeles, (state) California.

 

37. Electronic Service. Renter agrees and consents to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point Renter provides to Owner or Distinct Cars. Renter agrees to deem any service by electronic means to be the same as personal service.

 

38. Arbitration of collection disputes. Renter agrees that any and all disputes regarding any alleged violations of collection laws, including the Fair Debt Collection Practices Act, the California Rosenthal Act, the Telephone Consumer Protection Act, Fair Credit Reporting Act, any applicable law from another state, or any other such act implicated under this Agreement in which you have a dispute with Owner or Distinct Cars, shall be submitted to mandatory binding arbitration by a neutral arbitrator in the County of Los Angeles, who both yourself and any other party(s) to the dispute must agree to.

 

39. Attorneys Fees and Costs. In any legal action, proceeding, arbitration, or mediation, the prevailing party shall be entitled to reasonable attorneys fees and costs of prosecuting and/or defending itself. The only exception to the preceding provision is that for any arbitration or mediation fees for the arbitrator, arbitration organization’s costs, mediator, or mediation organization’s costs, shall be borne evenly between the disputing parties without recovery.

 

Vehicle:

Vin:

Plate: , and all its equipment, tools, tires, accessories, keys and documents (vehicle)

 

Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.

 

Renter’s Printed Name:

 

Signature:

 

Date:

 

Owner’s Printed Name:

 

Signature:

 

By agreeing to the terms and conditions electronically is the same affect as signing this agreement