RENTAL AGREEMENT: TERMS AND CONDITIONS
NV WARNING: NEVADA REVISED STATUTE SECTION 205-312 PROVIDES THE FOLLOWING, “WHENEVER ANY PERSON WHO HAS LEASED OR RENTED A VEHICLE WILLFULLY AND INTENTIONALLY FAILS TO RETURN THE VEHICLE TO ITS OWNER WITHIN 72 HOURS AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, THAT PERSON MAY REASONABLY BE INFERRED TO HAVE EMBEZZLED THE VEHICLE.” RENTER AGREES BY HIS/HER SIGNATURE ON THE FACE HEROF THAT HE/SHE HAS READ AND IS AWARE OF THE FOLLOWING TERMS AND CONDITIONS CONCERNING THE USE OF THE VEHICLE AND ACCEPTS FULL RESPONSIBILITY HEREIN.
This contract is the entire agreement between Renter and Owner. It is agreed that these terms are contractual and cannot be altered by another document or oral agreement. Owner makes no warranties, express or implied.
Renter authorizes Owner to verify through credit agencies or other sources, personal and credit information provided by Renter. Time is of the essence of this agreement. As used herein “car means automobile, van, or truck. “Owner” means Owner or Owner’s representative, as noted on the front of this agreement. Owner is affiliate of VSSR , which owns all rights to VSSR names and marks. Renter expressly acknowledges that Renter and Owner are the only parties to this Rental Agreement, notwithstanding that a reservation for the rental vehicle may have been arranged by a third party, that a third party may pay for all or part of the rental bill and/or that a third party may negotiate certain terms of the rental including but not limited to the type of vehicle, length of rental, rental rate and/or selection of optional products. Renter understands that Renter is the sole lessee and is solely responsible for compliance with all terms and conditions of this Rental Agreement.
1. OWNERSHIP, CONDITION OF THE CAR, TERM OF CONTRACT, USE OF OR OPERATION OF VEHICLE: Renter acknowledges vehicle is the property of Owner, although registered title may be in a third party, and acknowledges he/she received vehicle in good physical and mechanical condition. Renter is responsible for condition of car until Owner has checked in the car.
2. Renter agrees to return vehicle to Owner in same condition as received, on return date stated on reverse or upon demand of Owner, ordinary wear and tear accepted. If Renter returns vehicle during non-business hours or to any other place other than the original rental branch, Renter is responsible for any and all damages unless damage waiver applies, and/or rental charges until an employee of VSSR checks in vehicle.
3. Renter agrees not to use vehicle for transportation of persons or property for hire, nor carry passengers in excess of the number of seat belts provided by the manufacturer, nor remove the seats from the vehicle if it is a passenger can, nor use in violation of any law, ordinance or regulation governing the use or return thereof, nor remove from the State of rental without written consent of Owner.
4. RENTER EXPRESSLY AGREES TO PAY TO OWNER ON DEMAND:
(a) The mileage charge computed at rate specified below for miles traveled by car during the period of rental,
(b) Service and time charges at rate specified on reverse plus other charges if applicable, even if a billing or statement is sent to any other company, individual, or insurance organization. Service charges may include a
surcharge, which represents a portion of expenses Owner incurs in the rental of each vehicle. These charges are calculated at a percentage of mileage, time and drop charges. If the agreement below indicates “calendar day”, any fraction of a calendar day for any item shall be charged as a day,
(c) The value of tires, tools and accessories lost or stolen from vehicle.
(d) Any fine or legal violation including administrative fees, against the vehicle, driver, or Owner during this contract, except for Owner’s fault,
(e) A five percent (5%) per month carrying charges on all charges not paid within (30) days after the end of the rental or the maximum allowed by state law,
(f) Smoking or the use of illegal substances in our vehicles is strictly prohibited and constitutes a violation of this rental agreement. A charge of up to $1000.00 may apply for cleaning and/or repair if policy is violated or the vehicle is excessively dirty or disrespected or the Renter has smoked in the vehicle. A charge of [starts at $350 (Depending on vehicle)] per wheel will be applied to any wheel that has curb damage.
(g) All rentals must be returned to the following location: 3341 Sammy Davis JR. Dr. Las Vegas, NV. 89109. Renter returns a vehicle during non-business hours or to any place other than the VSSR location the renter is responsible for any and all damages until VSSR representative checks in the vehicle. A $99.00 Valet Fee will be applied to any vehicle left in a valet requiring retrieval. If Renter returns a vehicle after designated return time the Renter is granted 1/2 hr grace period. Late fees shall accrue at 1/24th of daily rate for first hour and then a full daily rate thereafter.
(h) The Renter understands there are NO refunds, All Rentals are Final . An option to exchange for same rental value can be made upon authorization. Cancelations need to be made 48 hours prior to Rental. Cancelations will result in full loss of all monies withheld. A credit is applicable and valid for at least One year from cancelation date. If renter decides to return vehicle early there will not be any refund or credit applied to the renter.
(i) The Renter is responsible for any and all missing items that were in the vehicle before the rental began. A $50.00 cable Replacement Fee will be applied to any vehicle returned with missing iPod cables, smartphone cables, navigation unit cables, or aux chords. A $399 Navigation unit replacement fee will apply to any damaged or missing Garmin navigation units.
(j) All expenses incurred by Owner in the collection of monies due Owner per this agreement or, in regaining possession of vehicle or in enforcing any terms or condition of this this agreement, including attorneys fees, administrative fees and cost. All charges are subject to final audit.
(k) All damages to vehicle resultant loss and expenses to Owner in accordance with Nevada Criminal and Traffic Law Section 482.3154 if damages waiver is not purchased, or not paid for
(l) if you do not return vehicle with at least as much fuel, as when you received it, you will be charged for the full prepaid amount. No refunds or credits are given for vehicles returned with more fuel than when rented.
5. MINIMUM AGE REQUIREMENT for operating vehicle is 25 years unless expressly permitted by Owner in this agreement.
6. BODILY INJURY/PROPERTY DAMAGE RESPONSIBILITY TO THIRD PARTIES: Owner does not provide, extend, or afford any insurance coverage to renter, passenger, or authorized operator through this agreement. Owner’s financial responsibility is expressly limited to those applicable provisions of the motor-vehicle financial responsibility laws of the sate in which the vehicle is operated. Renter assumes full responsibility for any damage to, destruction, or loss of property transported by or in the rented vehicle.
7. WAIVER AND REJECTION OF PERSONAL INJURY PROTECTION AND UNINSURED/UNDERINSURED MOTORIST PROTECTION: Personal Injury Protection, and Uninsured/Underinsured Motorist Protection is neither contemplated, nor provided as part of this agreement. Renter expressly rejects and waives any Uninsured /Underinsured Motorist Protection and Personal Injury Protection from Owner. If, and not withstanding the foregoing, the Owner is required by law to provide Uninsured/Underinsured Motorist Protection or Personal Injury Protection to the renter authorized driver or any other individuals, the Owner will provide such protection but only up to the minimum limits required by the state in which the vehicle is being operated, and renter expressly waives and rejects Uninsured/Underinsured Motorist Protection and Personal injury Protection limits in excess to the minimum limits and has expressly elected protection in the minimum limits.
8.PERSONAL ACCIDENT INSURANCE (PAI) : PAI does not cover third parties for damage or injuries. Coverage is limited to reimbursing Renter, driver or passengers for expenses incurred; is applicable only if Renter requests coverage by initialing applicable block on face of this agreement, and is subject to terms and conditions in the actual policy. PAI is not automobile Liability Insurance.
(i) UNLIMITED MILEAGE RATES do not apply. The first 150 miles are free and additional mileage fees range from $4.89 per mile depending on the type of vehicle being rented.
9. PLEASE BE AWARE all vehicles have a GPS tracker. This will report to us & you any reckless, speeding, (speeds over 80 mph which is over the legal limit of 65 mph.) Spinning, burnouts, drifting, hard acceleration are prohibited. If we receive this report you could lose partial or full amount of your deposit. The insurance deductible is $3.5k per accident. We will take a deposit for all rentals and hold for any incidentals. *You could be charged $25 per alert (not text message) if the vehicle is abused in anyway.
10. NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER: Renter is responsible for all collision damage to rented vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of the repair up to the fair market value for replacing the rented vehicle, loss of use, administrative fees, towing, storage, and impound fees. Renter is responsible for theft or resultant vandalism unless the renter returns the original keys and files an official theft report with law enforcement authorities within 24 hours. Owner is responsible for the first $500.00 of any non-theft related vandalism. Renters own insurance may cover all or part of his/her financial responsibility for the rented vehicle. Renter should check with his/her insurance company to find out about his/her coverage. The Owner will hold Renter responsible for anything over $500 in damages if Owner offers and Renter purchases optional damage waiver. But damage waiver will not protect renter if ;
Damage or loss results from an authorized driver’s (i) intentional, willful, wanton or reckless conduct, (ii) operation of the vehicle under the influence of drugs or alcohol in violation of NRS 484.379, (iii) towing or pushing anything, or (iv)
operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions, or (v) damage occurs because of the use of tire chains;
Damage or loss occurs while the car is (i) used for commercial hire, (ii) used in connection with conduct that could be properly charged as a felony, (iii) involved in speed test or contact or in driver training activity, (iv) operated by a person other than an authorized driver;
Any authorized driver (i) provided fraudulent information to the rental company or (ii) provided false information and Owner would not have rented the vehicle if it had instead received true information.
In the event of theft, any authorized driver fails to produce the original ignition key furnished by the rental company.
In the event of theft, any authorized driver fails to report the theft to a law enforcement agency within 24 hours of learning of the theft.
11. RENTER’S INDEMNITY PROVISION: Rental shall defend, indemnity, and hold Owner harmless from losses, liabilities, damages, injuries, claims, demands, lawsuits, cost and expenses connected with the possession or use of the rental vehicle, including, but not limited to claims of or liabilities to third parties resulting from Owner’s derivative liability pursuant to Nevada Safety Responsibility Act Section 485 et seq., or from abandonment, conversion, concealment, or unauthorized sale of the vehicle or confiscation of the car by government authority, for any unlawful or improper use.
12. RENTER AUTHORIZES OWNER TO SUBMIT CREDIT CARD, OR DEBIT CARD, VOUCHERS IF CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY AT THE TIME THE VEHICLE WAS RENTED, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT.
13. POWER OF ATTORNEY: Renter hereby grants and appoints to Owner a Limited Power of Attorney to present insurance claims for damage, losses , and expenses to renter’s insurance carrier if the rented vehicle is damaged durning the terms of this rental agreement; and to endorse Renter’s name on insurance payments for charges or damages.
14. The Owner is not responsible for any personal property left in the vehicle when Renter returns the vehicle other than to use reasonable care in holding the property for the Renter.
15. The Owner is not responsible or liable in any manner for loss of, or damage to property left, stored, or transported in or on the rented vehicles, either before or after return of the vehicle to Owner, regardless of any negligence of Owner or Owner’s representatives. Renter expressly waives all claims against Owner by reason hereof and agrees to indemnify Owner against any and all expenses and cost there from.
16. If any provision of this rental agreement is unlawful, contrary to public policy, void or unenforceable, remaining provisions shall continue in full force and effect.
17. Renter acknowledges that Owner cooperates with federal, state,, and local law enforcement officials and that Owner may provide information concerning this rental transaction to such law enforcement officials.
18. If Payment of any portion of any amount owed by Renter under this rental agreement is authorized by an insurance company in connection with an insurance claim by Renter, Renter hereby assigns to Owner Renter's right to receive the amount of such authorized payment under such insurance claim. Renter acknowledges and understands that only those amounts actually paid by such insurance company to Owner with respect to such insurance claim will educe the amount owed by Renter to Owner under this rental agreement.
19. Renter will abide by all posted speed limits and slide by any statutes put forward by the state in which the vehicle is being driven. Any reckless driving, including but not limited to excessive speed “burnouts”, “drifting”, or any driving habits not permissible by law, etc. Failure to comply to any of the examples posted above will result in loss of deposit and additional fees based on the severity of or cost to repair any damages.
20. Renter will provide valid drivers license before taking possession of vehicle, No suspended or expired drivers license will be accepted, renewed with documentation will suffice. In the event anyone on a suspended or expired license operates vehicle, the renter is responsible for any and all repairs or the total value of the vehicle, at original purchase cost.
21. International drivers will be subjected to, up to, a $15000 fee for any damages to rental. VSSR will make available liability insurance for the driver of the vehicles that are property of VSSR, any vehicles rented from a partner property through VSSR will be covered through full insurance, $5000 deposit, and the $15000 damages clause mentioned above.
22. Any renter found to have sat on, stood on, or climbed in any rented automobile will forfeit full deposit and will be responsible for any damages incurred.
23. Any fraudulent credit card activity, i.e. charge backs, disputes, etc will result in legal action taken by VSSR Corporation, against renter. Penalty for fraudulent credit card activity will be; full charges, legal fees, and renter will no longer be able to use the services of VSSR.
24.If any damages to the vehicle occur while anyone other than the renter is driving, the renter will be responsible for all repairs or the total value the car at original purchase price.
25. In the event renter discovers a mechanical failure in the rented vehicle, renter will contact VSSR to arrange an exchange or repair to vehicle. If mechanical failure isn't reported to VSSR before return, the renter is responsible for any repairs necessary to keep the car in safe working order. If there is a mechanical failure presented to renter before renting. The renter understands the current conditions and cannot exchange car or be entitled to any refund. Renter understands that the vehicles are delivered in “as is” condition and any changes must made at time of delivery.
26. If Renter returns the rented vehicle passed the agreed upon time to return, Renter is subject to the 3 hour rate of rented vehicle. If Renter makes a reservation for a certain time and renter is not on time to pick up the vehicle, VSSR is not responsible to change the duration of the rental. The time that the reservation is set to make sure the vehicle is held for that time period, If Renter shows up anytime after that could effect the next reservation. By signing this document insures that renter will be on time and agree to forfeit time if late. Renter can call VSSR before hand and check with staff to see if vehicle would be available to adjust reservation times.
27. Renter acknowledges that their rental can not leave Clark County. VSSR needs to be notified if the vehicle is going to leave the county. If vehicle leaves the county and VSSR is not notified, renter will forfeit the cost of the rental and VSSR will retrieve the vehicle or renter will be charged an out of state fee as well as a mileage overage fee.