Definitions. “Agreement” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement and each such person is bound by the actions of each other person signing this Agreement. “We”, “our” or “us” means Outer Banks Jeep Rentals. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and is at least age 25. 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 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, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. Physical Damage includes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our right to use the Vehicle for any purpose due to damage or loss during this rental. Loss of use is calculated by multiplying the number of days the Vehicle is damaged until it is replaced or repaired, times the daily rental rate.
Rental, Indemnity and Warranties. This is a contract for 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 merchant ability 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 or other location we specify, 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, 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.
Responsibility for Damage or Loss; Reporting to Police. You are responsible for damage to, or loss or theft of, the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if it is not repairable or if we elect not to repair it, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing an insurance claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us, and the police as soon as you discover them.
Damage. We do not waive our right to collect from you if damage to the Vehicle: (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 any drug 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 during the commission of any crime, other than a minor traffic violation; (e) occurs while carrying persons or property for hire, while pushing or towing anything, during any race, speed test or contest, or while teaching anyone to drive; (f) results from carrying dangerous or hazardous items or illegal material; (g) results from any use of the Vehicle outside of the geographic limitations stated on the reverse; (h) is caused by driving on unpaved roads; (i) occurs while transporting more persons than the Vehicle has seat belts, while carrying persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (j) occurs when the odometer has been tampered with or disconnected; (k) 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; (l) is caused by inadequately secured cargo; (m) results from your willful, wanton or reckless act of misconduct.
Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You must provide us with proof of insurance indicating that you have primary motor vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. We also provide an insurance policy (“Policy”) that provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no‐fault, uninsured or under‐insured motorist coverage will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including; (a) time and mileage for the period you keep the Vehicle, or a mileage charge 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) $100 fuel charge, if you return the Vehicle with less than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, citations, penalties, forfeitures, court costs, towing 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 expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect t repossess the Vehicle under the terms of this Agreement; (h) all cost, including pre- and post-judgement attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law, 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; (l) $75 per hour or any part of an hour additional late return fee.
Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
Breach of Agreement. The acts listed in paragraph 5, above are prohibited uses of the Vehicle and breaches of 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.
Modifications. No term of this Agreement can be waived or modified except by us as 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.
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.
After hours drop off. When dropping a Jeep off after hours you are responsible for any damages as well as any missing items that are not in the vehicle when checked in by an agent. The Jeep’s rain cover must be properly fastened. The key must be placed in the drop box, not left in the Jeep. The Jeep must be parked in front of our office at 2004 South Croatan Highway (unit 18), Kill Devil Hills, N.C., 27948.
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