subHead
Emerald Club
Terms and Conditions
Please read the below Terms and Conditions before enrolling into the Emerald Club.
 

Emerald Club Enrollment


Emerald Club® General Program Rules and Conditions

Preamble:

 

This document consists of the following agreements:

 

1. The Emerald Club Program Rules and Conditions which you will agree to when you click on the "I Accept" button during the registration for the Emerald Club.

 

2. The Master Rental Agreement, with Annex A containing additional country-specific rental terms for rentals in the US and Canada.

 

  • Residents of the United States or Canada: You will agree to the Master Rental Agreement when you click on the "I Accept" button during the registration for the Emerald Club.

 

  • Residents outside of the United States and Canada: The Master Rental Agreement becomes effective and is deemed to be accepted by you when you take possession of a vehicle in the US, in Canada or a participating location in the Latin American Caribbean. The Master Rental Agreement is provided here for your information.

 

 


EMERALD CLUB PROGRAM RULES AND CONDITIONS

 

 

A.        General

 

1. Contracting Parties: For customers who reside in participating countries in the European Economic Area (EEA) and Switzerland the Emerald Club ("Program") Program Rules and Conditions ("Agreement") is entered into between the customer enrolling into the Emerald Club ("you" and "your") and EAN Data Services UK Limited, Enterprise House, Melburne Park, Vicarage Road, Surrey, Egham TW20 9JY, which is the data controller for all legal purposes. If you reside in a participating country outside the EEA and Switzerland, including the United States and Canada, the Agreement is entered into between you and EAN Services, LLC, 600 Corporate Park Drive, St. Louis, Missouri 63105 (Both EAN Data Services UK Limited and EAN Services, LLC, in their respective capacities, are hereinafter collectively referred to as "Administrator").

 

2. How to become a Member: By submitting the completed application form for the Program via our website www.nationalcar.com, where available, or via fax or to an agent working for an affiliate of Administrator in the U.S. or Canada, you submit an offer to Administrator to enroll as a member in the Program ("Member") subject to this Agreement. After assessing your application, Administrator will send you an email and confirm your membership at which point in time you and Administrator are bound by this Agreement. Administrator will send you a Program card ("Card") via postal mail or email. Before submitting your application online, all information you entered into the application form will be displayed in an application summary for your examination. You may then identify and correct any input errors prior to submitting your application. This Agreement can be concluded in the following languages: English, French, Spanish, and Portuguese.  In the event of a conflict between the version of the Agreement in your local language and a version in a different language, including English, the version of the Agreement in your local language will prevail. Where the Agreement is not available in your local language, the English version will control. The contract terms will be stored by Administrator after conclusion of the contract and will be available to you via our website www.nationalcar.com. You may print or save a copy of the Agreement before submitting your application.

 

3. Your Profile: You agree to provide Administrator with true, current and accurate information in your Program online account ("Profile"), including your name, address, telephone number, email address, and credit card information. You agree to promptly update your Profile or otherwise notify Administrator if any of the information contained in your Profile has changed. If you update your email address on your Profile at any time through a rental transaction, you agree that Administrator may rely on the updated email address for future communications under this Program. If your Card or any credit card listed in your Profile (a) is lost, stolen or invalidated, (b) you suspect it is being used without your permission, or (c) expires, you will promptly notify Administrator. You agree that it is your responsibility to notify Administrator of any such changes and Administrator is entitled to rely upon any and all information provided by you and contained in your Profile as being current and accurate. You understand that the information contained in your Profile will be part of any rental agreement you conclude as a Member with Administrator's affiliates or licensees.

 

4. Changes to the Agreement: If Administrator decides to change or amend the Agreement, Administrator (a) will give you written notice of those changes or amendments to the Agreement, and (b) provide you with a hyperlink to an Internet website address where the revised version of the Agreement can be found. Members residing in Argentina, Austria, Belgium, Chile, Costa Rica, Denmark, Germany, Italy, Mexico, Portugal, Sweden, Switzerland and UK will need to consent to the revised version of the Agreement in order to be bound by it. Members residing in other countries will need to discontinue using the Program when making rentals in order to decline such changes or amendments. You may also obtain a free copy of the latest version of the Agreement by visiting our website www.nationalcar.com or by calling National Car Rental, Member Services, 8421 St. John Industrial Way, St. Louis, MO 63144, at 1-800-962-7070, Monday through Friday, 9:00 a.m. – 6:00 p.m. Eastern Standard Time (depending on your country of residence, this call may be an international call, and may be subject to the relevant charges depending on your operator).

 

5. Electronic Communications: To the fullest extent permitted by applicable law, this Agreement and any notices or other communications regarding your Profile and/or your use of the Program ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be delivered to the last electronic mail address in your Profile. All Communications in either electronic or paper format will be considered to be in "writing". Unless you are a Member residing in  the EEA and Switzerland, all Communications will be considered to have been received no later than five (5) business days after dissemination, whether or not you have received or retrieved the Communications. Although Administrator reserves the right to provide Communications in paper format to you using your most recent postal address in your Profile, you expressly agree that any notice due under this Agreement may be given in email form to the email address provided by you and contained in your Profile. Without limiting anything contained in Chapter A, Section 3 (Your Profile), you expressly agree that it is your sole responsibility to keep your email address current and up-to-date and that Administrator may reasonably assume that any email sent by Administrator to the email address in your Profile will be received by you. Your consent to receive Communications electronically is valid until you revoke your consent by terminating this Agreement. For Members residing in Spain, Administrator will confirm receipt of your acceptance of this Agreement using the same means that you used to send your acceptance communication (e.g., if you used an electronic communication, Administrator will also use an electronic communication).

 

This Section 5 in Chapter A does not apply to Members residing in Germany, Italy and Portugal.

 

6. Transactional emails: Administrator, its affiliates and/or their agents will provide to you certain transactional emails as a benefit of membership. Transactional emails will include confirmations of reservation requests for reservation requests made on any of the public websites of Administrator's affiliates that will be sent out directly following the placement of a reservation request. Transactional emails may also include but are not limited to the following: (a) reservation request reminders for reservation requests made on any of the public websites of Administrator's affiliates, (b) a monthly statement detailing your rental activity and award accruals, (c) arrival alerts containing directions and pertinent information, (d) return alerts confirming your return time and providing pertinent information regarding your National return location, (e) tolls and charges, and (f) notification of an expired drivers license or credit card. Members can choose to opt out of certain or all of these transactional communications by signing in to their Profile on www.nationalcar.com or by calling 1-800-962-7070 (depending on your country of residence, this call may be an international call, and may be subject to the relevant charges depending on your carrier ).

 

7. Privacy Policy of Administrator and Licensees: All information provided by you whether as a result of enrolling in the Emerald Club Program or otherwise in connection with the Emerald Club Program, is subject to the terms and conditions of the privacy policies of: EAN Data Services UK Limited, for Members residing in the EEA and Switzerland; and EAN Services, LLC, for all other Members, which are available at www.nationalcar.com and (for Members resident in Canada) at www.nationalcar.ca (the "Privacy Policies"). Administrator (either EAN Services, LLC or, in the case of Members residing in the EEA or Switzerland, EAN Data Services UK Limited, as applicable) reserve the right to amend either or both of the Privacy Policies from time to time. In the event of a change to a Privacy Policy, Administrator shall provide notice to Members in the manner set forth in the applicable Privacy Policy. Some National rental locations in the U.S., Canada, and the Latin American Caribbean are owned and operated by independent licensees that are not controlled by Administrator or its affiliates ("Licensees"). Administrator does not control the use of any personally identifiable or payment information collected by such Licensees. Licensees are required to identify themselves (i.e., at their locations and in their agreements, sales materials, business cards, marketing materials, advertisements and other National branded materials) as "An Independent National Car Rental Licensee" or by other similar terms. Each Licensee maintains its own privacy policy ("Licensee Policy"), and Administrator is not responsible for the information practices of any Licensee to the fullest extent permitted by law. If you disagree with any of the terms and conditions of the Privacy Policy and/or the Licensee Policy applicable to you, you may instruct Administrator to cancel your enrollment in the Program at any time. For the purposes of Data Protection Directive 95/46/EC EAN Data Services UK Limited is the data controller for Members who are residents in the EEA and Switzerland.  

 

8. Limitation of Liability:

 

8.1  For Members residing in the EEA and Switzerland:

In no event shall Administrator be liable to Members for any indirect, incidental or consequential damages or any loss or damage which is not within the reasonable control of Administrator; provided, however, nothing in this Agreement shall exclude or limit Administrator's liability for (i) the tort of deceit; (ii) death or personal injury caused by negligence; or (iii) any liability which cannot be excluded or limited by law.

 

8.2 For Members residing in any other countries:

Administrator shall not be liable to Member for any incidental, indirect, consequential, special, or punitive damages, or lost profits, goodwill, savings, or use, of any kind or nature arising out of, or relating to the performance, breach, or termination of this Agreement or any services, whether such damage or loss is foreseeable or not, whether Member has been advised of the possibility thereof or not, and whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise.

 

 

B.        Emerald Club Program

 

1. Eligibility: Because of the nature of the services offered in the Program, you must be at least twenty-one (21) years old to enroll as a Member. If you are not twenty-one (21) or over, you cannot enroll in the Program, and Administrator will reject your application.  

 

2. Rental agreements: Program membership does not guarantee your ability to rent vehicles from Administrator's affiliates or licensees. All rentals remain subject and subordinate to availability and any applicable qualifications and rental conditions. In addition, all reservation requests are non-binding for the Member and the corresponding affiliate or licensee of Administrator. There is no no-show penalty for the Member (except Fixed Based Operator deliveries); the corresponding affiliate or licensee of Administrator is also not required to keep the vehicle available.

 

3. Renewal and Termination of Membership:

3.1. Membership in the Program commences when Administrator confirms your enrollment ("Enrollment Date") and remains in effect until 11:59:59 p.m. Central Standard Time on December 31 of the following calendar year (the "Initial Term"). Thereafter, your membership in the Program shall be automatically renewed (each a "Renewal") for subsequent 12 months terms (each a "Renewal Term", and together with the Initial Term, the "Term") at 12:00:00 a.m. Central Standard Time on January 1 of the following calendar year (the "Renewal Date") provided: (a) you have not requested that Administrator terminate your enrollment in the Program prior to the applicable Renewal Date, and (b) Administrator has not decided not to renew your membership in the Program, in which case Administrator will inform you accordingly with two weeks' notice prior to the applicable Renewal Date. Each Renewal shall be subject to the then-current Agreement. Members residing in Argentina, Belgium, Chile, Costa Rica, Denmark, Germany, Italy, Mexico, Portugal, Spain, Sweden, Switzerland and UK must explicitly consent to the then-current Agreement for the renewal to be effective. If such Member residing in any of the above-listed countries does not agree to the then-current Agreement, their membership cannot be renewed, and they will therefore be unable to continue renting a vehicle as an Emerald Club member and thereby earning rental credits under the Program.

 

3.2. The Member has the right to terminate enrollment in the Program at any time by giving notice to Administrator. Administrator reserves the right to terminate a membership at any time for good cause, including but not limited to a serious violation of this Agreement, a serious violation of any rental contract, harassment or other abusive behavior towards employees or customers of Administrator, its affiliates or licensees, failure to obey the instructions of Administrator's, its affiliate's or licensee's staff in charge, failure to pay any balance due for rentals, or fraudulent activity of the Member, by giving notice. The Member's right to terminate for good cause remains unaffected.

 

3.3 In case of termination or non-renewal of membership of a Member residing in Austria, Denmark, and Germany, the rental credits and Free Days shall remain valid for the time period governed in Section 8 of this Chapter B below. With respect to Members residing in any other countries, the rental credits and Free Days are not valid after termination or non-renewal of the membership. Rental credits relating to a rental car reservation request placed prior to the effective date of the termination will be added to the Member's account and will expire as governed in Section 8 of this Chapter B below.

 

3.4 For purposes of the Emerald Club Program Rules and Conditions, the term "United States" shall mean the 50 United States, District of Columbia, and Puerto Rico.

 

4. Membership Level: 
4.1. The Program has three membership levels: Emerald Club, 
Emerald Club Executive, and Emerald Club Executive Elite. Members 
attain their membership 
level based upon the number of "qualifying vehicle 
rentals". A "qualifying
vehicle rental" is 
defined as the number of
vehicle rentals with, or the 
number of days a Member rents a vehicle from (a) National rental locations in each calendar year
in the U.S., Canada and participating locations in the Latin American Caribbean and (b) all 
participating Enterprise Rent-A-Car brand rental locations (non-participating Enterprise 
Rent-A-Car brand locations are listed in Section 4.2 of this Chapter B, below) in each calendar
year in the U.S. , Canada and the EMEA, unless the rental qualifies as one of the following 
types of rentals: (1) rentals on rate plans for accounts that do not allow employees to 
participate in award programs; (2) insurance replacement rentals; (3) dealer replacement, 
body shop or fleet replacement rentals; or (4) rentals by employees of Enterprise Holdings, 
Inc. or its affiliates or subsidiaries, licensee and licensee employees 
booked under an employee discount rate.

 

4.2. Qualifying vehicle rentals and rental credits are not available at the following, non-participating Enterprise Rent-A-Car brand locations in the U.S. and Canada:  UNITED STATES: Alaska: Anchorage Intl Arpt; Arkansas: Northwest Arkansas Regional Airport; California:  Arcata/Eureka Arpt; Idaho:  Boise Municipal Aprt, Fanning Falls Arpt, Magic Valley Regional Arpt; Indiana: Fort Wayne Int'l Arpt; Kansas:  Wichita Arpt; Michigan:  Delta County Airport; Sawyer Int'l Arpt; Minnesota:  Bemidji Arpt; Montana: Billings Arpt; Bozeman Arpt; Great Falls Int'l Arpt; Helena Regional Arpt; Glacier Int'l Airport; Missoula Int'l Arpt; Nebraska: Lee Bird Field; North Dakota:   Minot Int'l Arpt; Ohio:  Port Columbus Intl Arpt; South Dakota: Rapid City Regional Arpt; Utah: Salt Lake Int'l Arpt; Virginia:  Roanoke Regional Arpt; Wisconsin: Outgamie County Arpt; Austin Straubel Arpt; La Crosse Municipal Arpt; Dane County Airport; General Mitchell Field; Central Wisconsin Arpt; Rhinelander/Oneida Arpt; Wyoming: Jackson Hole  Arpt; CANADA: Alberta: Lethbridge County Arpt; British Columbia: Kamloops Arpt, Kelowna Int'l Arpt; Nanaimo Arpt; North Peace Regional Arpt; Prince George Arpt; Victoria Int'l Arpt; Newfoundland: St. John's Newfoundland Int'l Arpt; Ontario: Dryden Regional Arpt; Sault Ste. Marie Arpt; Thunder Bay Int'l Arpt; all Windsor locations including Windsor Int'l Arpt; .

 

4.3. Membership levels are determined as follows on a calendar year basis:

 

Membership Level

Qualifying Vehicle Rentals:

Qualifying Rental Days

Emerald Club

1-11
1-39
 

Emerald Club Executive

12-24

40-84

 

Emerald Club Executive Elite

25+

85+

 

 

4.4. Members will be re-tiered periodically throughout each calendar year based upon the applicable Emerald Club Rules and Conditions. When a Member qualifies for a higher membership level, Administrator will send materials to the Member based on the higher membership level. In February of each year, Administrator will send new materials to each Member whose account activity in the prior year was insufficient to maintain their membership level. Members who enrolled through our Drive Alliance Partnership with Enterprise Rent-A-Car will receive tier qualification information from Enterprise Rent-A-Car.

 

5. Associated Frequent Traveler Programs: As a benefit of enrollment in the Program, Members may choose to earn frequent flyer miles from one of the Administrator's airline partners (each a "Frequent Traveler Program"). Frequent flyer miles are not available for Enterprise Rent-A-Car brand rentals or to Members who enrolled through our Drive Alliance Partnership with Enterprise Rent-A-Car. In the event that you enroll in a Frequent Traveler Program, you hereby authorize Administrator to collect a Frequent Traveler surcharge (as further specified to you) to offset a portion of the administrative and program costs arising from our participation in these Frequent Traveler Programs.  You may also be subject to additional restrictions, charges, and rules imposed by each airline's own Frequent Traveler Program rules. A list of the Frequent Traveler surcharges collected by Administrator is available at www.nationalcar.com. The surcharges may be in addition to any other fees or charges the airline may impose in connection with your use or redemption of any earned miles. You are responsible for understanding and complying with the rules, restrictions or terms and conditions imposed by an airline in connection with such airline's Frequent Traveler Program.

 

6. Rental Credits and Free Days:

6.1. Rental Credits: For vehicle rentals at National Car brand locations in the U.S., Canada, and participating locations in the Latin American Caribbean and all participating Enterprise Rent-A-Car brand rental locations in the U.S., Canada and the EMEA, Members will receive one rental credit for each Qualifying Vehicle Rental of up to seven (7) consecutive days. For Qualifying Vehicle Rentals longer than seven (7) consecutive days, Member will receive one additional rental credit for every four (4) additional consecutive days of the same Qualifying Vehicle rental.

 

Examples:

 

Qualifying Rental Days

Total Rental Credits

1-7

1

8-11

2

12-15

3

16-19

4

 

Consecutive, multiple or overlapping rentals in the same rental location do not qualify as additional consecutive days for purposes of receiving additional rental credits. For Non-Qualifying Vehicle Rentals as defined in Section 4.1. of Chapter B above and for rentals from the non-participating Enterprise Rent-A-Car brand locations listed in Section 4.2 of Chapter B above, or when a Member chooses to receive mileage, credits or points for a frequent traveler program (such as, but not limited to, an airline frequent flyer or hotel points program) or Members enrolled through our Drive Alliance Partnership with Enterprise Rent-A-Car who are earning Enterprise Plus points ("Non-Qualifying Vehicle Rentals") no rental credits will be issued. Rental credits will be issued at the completion of each rental and electronically stored in the Members' Profile. Rental credits cannot be redeemed for cash or other value.

 

6.2. Free Days: Rental credits will, depending upon Membership level, be automatically converted to free rental days ("Free Days"):

 


Membership Level

Rental Credits Needed for One Free Day 
 

Emerald Club

7 (Valid for up to a mid-sized rental vehicle)
 

Emerald Club Executive

6 (Valid for up to a full-size rental vehicle)

 

Emerald Club Executive Elite

5 (Valid for up to any car class except Trucks and exotic vehicles)

 

 

Different thresholds may apply for certain Members depending upon where they reside. Please revert to your supplemental information for details. Free Days do not qualify for rental credits but will qualify toward membership levels. Member is responsible for all fees and taxes applicable to the rental credits and Free Days the Member earns under the Program. Payment for such fees and taxes shall be the sole responsibility of the Member.

 

6.3. Rental credits are non-transferable. Free Days are transferable only to other Members and to immediate family members of Member (e.g., spouse or domestic partner, child over the age of 21, parent) irrespective of their membership in the Program. Members may transfer up to three (3) Free Days per calendar year. Once transferred, Free Days cannot be returned to Member's account. Transferred Free Days are valid for one (1) year from the original month of transfer. For Members residing in Germany: Free Days are freely transferable to Members and non-Members, and the limitations to transfer set forth in this Section 6.3 do not apply.

 

6.4. Fraudulent Activity. If you attempt to use or earn Rental Credits or Free Days in a fraudulent way, we may: (a) Take away all Rental Credits and/or Free Days in your Emerald Club membership; and/or (b) Terminate your Emerald Club Membership. The Emerald Club program is intended to benefit individuals rather than companies.  Members may use points for any personal or business purposes they choose. For purposes of administrating the Emerald Club program, it is considered fraudulent and abusive for Members to use a single Emerald Club Account for the purpose of accumulating points for company use.

 

7. Redemption of Free Days: Free Day(s) may be redeemed electronically when submitting a reservation request for a vehicle on www.nationalcar.com or Member may call 1-800-CARRENT (1-800-227-7368) (depending on your country of residence, this call may be an international call, and may be subject to the relevant charges depending on your operator). No paper certificates will be issued for Free Day(s). Free Day(s) can only be used on reservation requests at participating National Car brand rental locations in the U.S., Canada and participating locations in the Latin American Caribbean. Free Days are combinable up to seven (7) consecutive days maximum on one rental. Members may redeem Free Days for periods of no longer than seven (7) Free Days per rental transaction. These Free Days do not include charges that are not included in the base rates of the particular applicable jurisdiction, such as (i) taxes, assessments, use fees or other governmentally imposed, authorized or permitted surcharges or pass-throughs, (ii) license recoupment fees, airport fees and concession recoupment fees, (iii) service charges and fees, (iv) vehicle license recovery fees, (v) damage waiver, the cost of optional insurance products, fuel charges, optional upgrades, underage driver's fees, infant seats or other optional items, (vi) charges or drop-off charges for one way rentals, or (vii) tolls or parking violations. Members entitled to a Free Day for a given class of vehicle may use the Free Day as partial payment for a more expensive vehicle class. Free Days are redeemable for passenger vehicles only.

 

8. Validity of rental credits and Free Days: Rental credits remain valid so long as the Member retains membership in the Program. Free Days will expire on December 31 of the year following the year in which they were earned or immediately upon cancellation or termination of membership in the Program. For Members residing in Austria, Denmark and Germany: Rental credits remain valid only so long as such Member retains membership in the Program, but in no event less than 36 months starting from the day on which they were earned; Free Days will expire after 36 months starting from the day on which they were earned.

 

9. Benefits of Emerald Club Executive and Emerald Club Executive Elite Members: Emerald Club Executive and Emerald Club Executive Elite Members will be charged the rate for the next lower car class when renting a full-size through luxury vehicle (excluding specialty vehicles) from National rental locations in the U.S., Canada, and participating locations in the Latin America Caribbean.

 

10. Trademarks, Logos and Service Marks: "Emerald Club", "Emerald Club Program", "National Car Rental" and all associated trademarks, logos and service marks, along with the contents, structure, and features of the Program are the exclusive property of Administrator and its affiliates and nothing contained in the Rules or by your enrollment or participation in the Program should be construed as granting, by implication, estoppel, or otherwise, any license, interest or right in or to any of the foregoing.

 

11. Suspension and Alteration of the Program: To the fullest extent permitted by law and without prejudice to any statutory rights, Administrator reserves the right to terminate, restrict, suspend or otherwise alter this Agreement and/or the Program by providing sufficient prior notice to Member in accordance with Chapter A, Section 4 of the Agreement as set forth above. The Program is void where prohibited or restricted by law. This Section 11 of Chapter B does not apply to Members residing in Argentina, Austria, Germany, Mexico, Poland and Portugal.

 

12. Force Majeure: Administrator may suspend or terminate the Program as a result of a force majeure event, including but not limited to fire, flood, earthquake, elements of nature or acts of God, labor strikes, or social or political disruptions that prevent Administrator from fulfilling its obligations under this Agreement.

 

13. Applicable Law: For members residing in the EEA and Switzerland, this Agreement shall be construed and interpreted in accordance with the laws of England. For Members outside the EEA and Switzerland, this Agreement shall be construed and interpreted in accordance with the laws of the State of Missouri. Notwithstanding the foregoing, the Master Rental Agreement shall be governed by the laws of the jurisdiction in which the renter picks up the vehicle.

 

14. Questions: In case of complaints, comments or questions please contact our customer service center at National Car Rental, Member Services, 8421 St. John Industrial Way, St. Louis, MO 63144, Telephone: (800) 962-7070 (Monday through Friday, 9 am – 6 pm EST).


For Non-U.S./Non-Canadian Residents: The below Master Rental Agreement becomes effective and is deemed to be accepted by you when you take possession of a vehicle in the U.S. or in Canada.

 

For U.S./Canadian Residents: You will agree to the below Master Rental Agreement when you click on the "I Accept" button during the registration for the Emerald Club.

 

 

MASTER RENTAL AGREEMENT

 

1.    Scope of Agreement:  If you rent a car in the United States, Canada or a participating location in the Latin American Caribbean at a National Car Rental location as an Emerald Club Member by providing your Emerald Club number at the time of making a rental car reservation request, the car rental will be subject to (a) the following Master Rental Agreement Terms and Conditions including any additionally applicable country or state-specific rental terms set forth in Annex A or provided at the time of rental, (b) the information provided by you in the Emerald Club Profile ("Profile"), (c) any optional product brochures provided to you in connection with this rental and (d) each of the location specific disclosures, notices and terms that are contained in Section 23 of Annex A for rentals in the US., Canada or a participating location in the Latin American Caribbean or provided at the time of rental. (together the "Rental Agreement"). The Rental Agreement will be subject to the laws of the relevant state in the United States, relevant province in Canada, or a participating location in the Latin America Caribbean, as applicable.

 

2.    Contracting Parties: The Rental Agreement is between the person renting the car (hereinafter "Renter") and one of the subsidiaries of Enterprise Holdings, Inc., as listed in Section 24 of Annex A, below, or, in Canada, Enterprise Rent-A-Car Canada Company, or an independent National Car Rental licensee ("Licensee") from which you rent the car, or any of their successors and/or assigns (hereinafter collectively, "Owner") as identified to the Renter. The Rental Agreement shall only apply to and cover vehicle rentals by Owner to a customer from a rental facility which is operated under the "National Car Rental" brand name and shall not apply to or cover vehicles under the Alamo Rent A Car or Enterprise Rent-A-Car brand names except in the case of a Fixed Based Operator delivery as set out in Section 10, below.

 

3.    Conclusion of Rental Agreement: If you are a resident of the U.S. or Canada, the Rental Agreement will be binding on you when you click on the "I Accept" button during the registration for the Emerald Club thereby confirming that you have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Master Rental Agreement. If you are a resident outside of the U.S. or Canada, the Rental Agreement becomes effective and is deemed to be accepted by you when you take possession of a vehicle in the US, in Canada or at a participating location in the Latin American Caribbean at a National Car Rental location, thereby confirming that you have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Rental Agreement.

 

4.    Third party billing; verification: Renter expressly acknowledges that Renter and Owner are the only parties to this Rental Agreement, notwithstanding that a reservation for 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. For matters arising from this Rental Agreement, Renter authorizes Owner to verify and/or obtain, through credit agencies or other sources, Renter's personal, credit and/or insurance information. This Rental Agreement is the entire agreement between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.

 

5.    Reservations: Renter shall make rental reservations prior to pick up. When making rental reservations, Renter shall inform Owner of Renter's membership number. Renter must present a valid driver's license at the time of rental. If Renter is unable to present a valid driver's license because of a disability or visual impairment, Renter may rent a vehicle when accompanied by a designated driver, who must present a valid driver's license and meet minimum age restrictions. A valid credit card issued in Renter's name must be presented upon its initial use at time of rental or if requested by Owner. If Renter is an eligible renter under a commercial account agreement with Owner and provides Owner with that account's name ("Account") and contract I.D. number when making a reservation, Renter will be charged at the Account's commercial rate. If Renter is ineligible to rent under a commercial account agreement, Renter will be charged at the prevailing retail market rate.

 

  1. Correspondence: Renter confirms that the name and email address Renter has provided in Renter's Profile are correct, and consents that any correspondence, notices or emails will be sent to Renter in accordance with Section 5 of Chapter A of the Emerald Club Program Rules and Conditions.  Notices to Owner must be sent to National Car Rental, Attn: Marketing, 600 Corporate Park Drive, St. Louis, MO 63105.

 

  1. Renter Profile: Renter agrees that Owner may rely on all options selected by Renter as contained on Renter's Profile, which apply to all rental transactions made by Renter under the Emerald Club Program. Renter may change options and information for future rental transactions under this Program by changing the options and information entered into the Profile at www.nationalcar.com or by sending Owner a Rental Agreement Profile Change Form at National Car Rental, Attn: Marketing, 600 Corporate Park Drive, St. Louis, MO 63105, indicating the changed options and information in writing.

 

  1. Credit cards: Renter further agrees to notify Administrator if Renter's credit card or any credit card listed in your Profile is (1) lost, stolen or invalidated, or (2) or if Renter suspects that it is being used without permission, or (3) expires.

 

  1. Reservations in excess of thirty days: If the reservation is for a period in excess of thirty (30) consecutive days, such reservation shall be governed by the following terms and conditions. Such reservation shall consist of consecutive rentals for individual terms of no more than thirty (30) days each ("Rental Period"), but consecutively lasting for a period of time equal to the reservation period ("Reservation Period"). Each Rental Period is a separate rental, distinct from any other Rental Period during the Reservation Period. Owner will designate a separate rental number for each Rental Period. Each rental during the Reservation Period will be charged the same time and mileage rate as set forth in the reservation for the initial Rental Period; however, Renter acknowledges that taxes, fees, and other charges contained in the reservation for initial Rental Period may be subject to change during subsequent Rental Periods. Renter acknowledges that at any time Renter may sign a revised  Rental Agreement, which revised Rental Agreement will govern each remaining Rental Period. Renter further acknowledges Renter may terminate the balance of the Reservation Period at any time, without penalty, effective at the end of any Rental Period by returning Vehicle to Owner. Terminating the remaining Reservation Period effective within a Rental Period may lead to early termination charges as specified in the reservation for such rental, but only with respect to the remainder of the then-current Rental Period. Renter will be charged for each Rental Period as it commences. Renter must (A) notify Owner at the end of each Rental Period of the Vehicle's then-current mileage, and (B) must exchange the Vehicle upon Owner's request.

 

  1. Fixed Based Operator Deliveries:  If requested when reserving a vehicle by Renter who (a) has established a commercial account with Owner and has been issued a valid business rental contract I.D. number and (b) has a completed Renter Profile with coverage preferences selected, Owner will deliver or cause to be delivered a rental vehicle to any Fixed Based Operator airport facility ("FBO") located within 50 miles of a National facility. The delivery of a rental vehicle to an FBO is subject to:  (a) payment of any delivery and collection fee, (b) payment of a no-show fee if such Renter fails to show up for such reservation, (c) the individual FBO rules and regulations regarding delivery of rental vehicles and (d) all other applicable Rules and Terms of this Agreement shall apply to the rental and use of any such vehicle delivered under this Section. Renter agrees that Owner, at its option, may service the delivery of vehicles to an FBO under the Enterprise Rent-A-Car brand name only for rentals set up with your corporate contract I.D. number.  Renter agrees to pay for either brand that services the rental.  Certain optional products selected in Renter's Profile may not be available or may be provided through different insurers or with different coverage limits or benefits. Renter agrees that similar products provided by Enterprise Rent-A-Car brand shall replace such products provided for in Renter's Profile to the extent they are available. Notwithstanding the foregoing, such rental shall otherwise be deemed a National rental subject to the terms of this Rental Agreement. Renter agrees that the terms and conditions of the Enterprise brand rental agreement shall apply only to the extent of any required disclosures under state or provincial law.

 

ANNEX A

 

Additional country-specific rental agreement terms and conditions for rentals in the US, Canada and participating locations in the Latin American Caribbean:

 

1. Definitions: For the purposes of this Rental Agreement, the following terms are specifically defined:

 

a. "Additional Authorized Driver(s)" (AAD[s]) means any individual, in addition to Renter, who; (i) has permission of the Renter to drive Vehicle and is either a member of Renter's immediate family  (including same or opposite sex domestic partner) who permanently resides with Renter, (ii) is a fellow employee who drives the Vehicle for business purposes, (iii) is required by law, or (iv) is permitted by Owner or separate agreement (i.e., Corporate, Tour or Emerald Club) to operate the Vehicle. All AADs must possess a valid driver's license and meet the minimum rental age.

 

b. "Optional Accessories" means but is not limited to optional Child Seats, Global Positioning Systems, ski racks, toll transponders and/or other products accepted by Renter.

 

c. "Rental Period" means the period between the time Renter takes possession of Vehicle and the time Vehicle is returned and checked in by Owner, except in the case of Reservation Periods longer than 30 days in which the initial Rental Period is the period between the time Renter takes possession of Vehicle and 30 consecutive days thereafter.  Each subsequent 30 day period (or portion thereof) is a Rental Period until Vehicle is returned and checked in by Owner.

 

d. "Return Location" means the original rental location or the location specified in the reservation. 

 

e. "Vehicle" means the original vehicle received in connection with a rental and any replacement vehicle(s).

 

f. "United States" means the 50 United States, District of Columbia, and Puerto Rico.

 

2. Ownership/Vehicle Condition/Warranty Exclusion.  Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner, even if owned, registered or titled to a third party. Renter agrees Renter received Vehicle and Optional Accessories in good physical and mechanical condition. RENTER IS RENTING VEHICLE AND ANY OPTIONAL ACCESSORIES "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND ITS OPERATION BEFORE LEAVING OWNER'S PREMISES. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.

 

3. Payment by Renter.

 

a. For items designated as either"/hour", "/day", "/week" or "/month" (1) "/hour" is 60 consecutive minutes or any portion thereof, beginning 30 minutes after the start time of the rental, (2) "/day" is each consecutive 24 hour period beginning after the start time of the rental, (3) "/week" is 7 consecutive 24 hour days beginning after the start time of the rental, (4) "/month" is 30 consecutive 24 hour days beginning after the start time of the rental, (5) all charges are for a minimum of 1 day.

 

b. Renter shall pay Owner for:

 

(1) The hour, day, week and month charges for the Rental Period. The "/hour" charge shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Return Location, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter's responsibility.

(2) The charge per mile or kilometers for all miles or kilometers exceeding the free miles or kilometers permitted for the Rental Period.

(3) The Optional Accessories, services and/or products charges for those items accepted by Renter.

(4) The optional Verified Carbon Offsets (CO2 OFFSET) accepted by Renter are an optional environmental service designed to offset the greenhouse gases emitted by Vehicle. Owner remits amounts collected to an independent 3rd party provider. See www.keystogreen.com for more information. The estimated emissions produced by Vehicle are based on the average mileage and fuel economy of vehicles in the rental

fleet and are not calculated based on the emissions of a particular vehicle.

(5) The optional Tollpass service accepted by Renter provides for the daily rental of a toll collection transponder (Tollpass Transponder Service) or, in some states or provinces, the use of video-monitored toll collection services (Tollpass Automatic Service, and together with the Tollpass Transponder Service, collectively the Tollpass Service). In addition to the daily charge for the Tollpass Service, Owner, its affiliate or a third party may separately charge Renter's credit or debit card (or bill Renter, as applicable, for cash rentals) for each toll (or other charge) incurred using the Tollpass Service during the Rental Period on covered roads within the Tollpass Service area at the higher of the applicable toll authority's cash toll rate or highest undiscounted toll rate. Renter expressly authorizes Owner or its affiliate to transfer to a third party Renter's name, address, credit/debit card information, and other data necessary to enable the collection of all such tolls, any other charge(s) in addition to tolls attributed to the transponder and other associated charges incurred during the Rental Period. No credit is provided for days the transponder is not utilized. Tollpass Service has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties, see Section 3.d.(4). A current listing of Tollpass Service area covered roads is available upon request, at "www.htallc.com/national" or (877) 860-1283. For TollPass Waiver Option originating in the Chicago Metro area or at select Indiana locations, Renter may choose to purchase optional TollPass Waiver, which provides for the daily rental of a toll collection transponder or, in some states, the use of video-monitored toll collection services. TollPass Waiver will relieve Renter and/or AAD(s) of the costs of tolls incurred during the Rental Period. No credit is provided for days of non usage. TollPass Waiver has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties. See Section 3.d.(4).

(6) The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner's estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. If Renter purchases the Fuel Service Option, then Renter's fuel charge shall be the per gallon (or per litre) charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit for any unused fuel.

(7) The one way fee.

(8) The Young Renter Fee

(9) The Additional Driver Fee (Additional Driver Fee is waived for one additional driver for disabled renters who cannot drive.)

(10) The Car Class Change

(11) The taxes and any other fees and charges mandated by states, provinces, cities and other government authorities.

(12) The other fees and charges (none of which are taxes) including but not limited to: (a) Any airport Consolidated Facility Charge (CFC), which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of this consolidated rental car facility; other airport facilities; and/or transportation related facilities;

(b) The Concession Fee Recovery (or, in some locations, the "Concession Recovery Fee" or "Premium Location Charge") (CONC REC) which is Owner's charge to recover the concession fee paid by Owner to an airport's owner or operator in connection with the rental;

(c) The Facility Fee Recovery  (FAC REC) which is Owner's charge to recover the estimated fees, charges, costs, which may include rent paid by Owner to the owner,  operator or agent of the location being serviced by Owner for the rental or to the owner, operator or agent of the location ; and

(d) The Vehicle License Fee Recovery (VLF REC) which is the Owner's charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in renting state or province. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

(e) The Bussing Cost Recovery, which is Owner's charge to recover the fees paid by Owner to offset Owner's annual estimated cost to provide bussing operations at certain locations.

(f) The Frequent Traveler Service Charge (Daily Freq Flyer Service charge) will apply for qualifying rentals in the US and Canada when the Renter chooses to receive frequent flyer miles or frequent traveler credits as part of this rental to recover all or a portion of the administrative and program costs associated with participation in frequent traveler programs.

(g) All Location-specific fees and charges identified under Section 23, below.

 

c. At certain locations, the fees and other charges described in Section 3(b)(12), above, may not apply in the event Renter did not arrive at certain airports by plane within a specified period prior to the commencement of a rental transaction. Certain other fees and charges described in Section 3(b)(12) may not be applicable to vehicles rented as temporary replacements for vehicles unavailable due to mechanical breakdown, repair, service, damage or loss. These fees and charges may not be assessed if (A) Renter advises Owner at the counter at the time of the rental transaction that either (i) the Renter did not arrive at the airport by plane prior to the commencement of the rental transaction or (ii) Vehicle will be utilized as a replacement vehicle, and (B) the Owner determines that the fee and/or charge is not applicable to such Renter as a result of same. In the event Renter bypasses the counter at the time of the rental transaction without advising Owner of the foregoing facts, Renter acknowledges and agrees to incur certain fees and charges that may not otherwise have been applicable.

 

d. Additional Obligations of Renter–Unless prohibited by law Renter shall pay Owner, its affiliates or agents:

 

(1) A special one way fee or drop charge equal to the greater of $100.00 or $.50 per kilometer (between the actual return location and originally agreed upon return location), if Renter or AAD(s) returns Vehicle to a location other than the originally agreed upon return location.

 

(2) Owner's adjusted daily, weekly or monthly rate applicable on the date of return, in addition to the understay or overstay fee, if Renter returns the vehicle before or after the agreed upon return date.

 

(3) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see Section 6), to the extent LDW, as described in Section 16, or RSP/RAP, as described in Section 17(C), do not apply.

 

(4) All fines, costs, charges and attorneys fees paid or to be paid by Owner, its Affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Renter consents to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party on Renter's behalf without advance notice thereof and acknowledges that such payment may prejudice Renter's ability to contest Fines, Tolls and Violations with the applicable authority. Renter agrees Owner may provide Renter's information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such Fines, Tolls and Violations. In addition, Owner, its affiliates or a third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations  and their administration.

 

(5) A Tollpass convenience charge (TCC) (where available) of up to $7.00 per day of Rental Period for each day Vehicle is operated on a Tollpass Automatic Service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $35.00 per Rental Period. In addition to the TCC, Owner or a third party may separately charge Renter's credit or debit card for each toll (or other charge) not paid by Vehicle operator incurred during the Rental Period at the higher of the applicable toll authority's cash toll rate or highest undiscounted toll rate. A current listing of Tollpass Automatic Service covered roads is available upon request, at "www.htallc.com/national" or (877) 860-1283. Operation of Vehicle on a roadway or bridge not covered by  Tollpass Automatic Service where applicable tolls are not paid may subject the Renter to  Fines, Tolls and Violations, see Section 3.d(4) above. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATES TO TRANSFER RENTER'S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL SUCH AMOUNTS.

 

(6) A late charge of 1-1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

 

(7) All expenses incurred by Owner in the collection of amounts due Owner under this Rental Agreement or in regaining possession of Vehicle or in enforcing any term or condition of this Rental Agreement, including attorneys' fees, Owner's administrative fees, and any other costs or expenses incurred by Owner. IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS RENTAL AGREEMENT INCLUDING, IF ANY, THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. FOR A VEHICLE RENTED WITH A CASH DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF THE RENTAL PERIOD. All charges are subject to final audit by Owner.

Owner will accept any credit cards with available credit listed on Renter's Profile as payment for all charges under the Rental Agreement. Renter authorizes Owner to reserve credit on your credit card listed on Renter's Profile in an amount equal to all estimated charges and amounts owed under this Rental Agreement, including if any third party to whom a billing was directed refused to make payment. Owner may bill Renter's credit card listed on Renter's Profile. Owner will bill the credit cards listed on Renter's Profile according the selected billing priority against the first card that has available credit.

 

4. Limits on Use and Termination of Right to Use.

 

a. Renter agrees to the following limits on use:

(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner's prior written consent.

 

(2) Vehicle shall not be used for: transporting persons for hire; as a school bus; or for driver training.

 

(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS: (i) Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and (ii) Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state, provincial, or municipal laws, ordinances or regulations.

 

(4) Vehicle shall not be used for: any illegal purposes; in any illegal or reckless manner; in a race or speed contest; or to tow or push anything.

 

(5) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer outside the passenger department.

 

(6) Renter shall not remove any seats from Vehicle.

 

(7) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants or drugs, used with or without a prescription.

 

(8) Vehicle shall not be loaded in excess of Vehicle's Gross Vehicle Weight Rating (GVWR) which is, weight of vehicle plus weight of load, as indicated on the driver side door jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer's specifications and/or guidelines.

 

(9) Vehicle shall not be driven or taken outside the United States and Canada; travel to Mexico is prohibited without Owner's written permission.

 

(10) Vehicle shall not be driven on an unpaved road or off-road.

 

(11) Vehicle shall not be operated by anyone:  who has given a fictitious name; false address; or a false or invalid driver's license; whose driver's license becomes invalid during the Rental Period; 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 Vehicle.

 

(12) Renter shall not transfer or assign this Agreement and/ or sublease Vehicle.

 

(13) Vehicle shall not be used to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.

 

b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before the agreed upon return date or on Owner's demand and in same condition as received, with ordinary wear and tear excepted. Extensions are at Owner's option.

 

c. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates Renter or AAD(s) right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.

 

d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice.

 

5. Accidents. Damage to, loss of or theft of Vehicle must be immediately reported to Owner in writing to the office where Vehicle was rented or by telephone at 1-800-268-9711 in the US or 1-800-367-6767 in Canada, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to Owner every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. 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, Renter consents to Owner or its representatives retrieving and using such data from the EDR.

 

6. Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs.  Except to the extent restricted, modified or limited by state or provincial law, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God.  Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories.  Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner.  If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds.  For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss.  If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage and impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages.  In the case of Rentals from a Licensee, Renter is responsible for damages including but not limited to: loss of use regardless of fleet utilization, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs (including attorney's fees) incurred by Licensee to recover Vehicle and establish damages. In the case of non-Licensee Rentals, Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable:  total labor hours from the repair estimate divided by 4 multiplied by the daily rate (including any Car Class Change); (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate (including any Car Class Change).  Renter also agrees to pay: (a) an administrative fee of $50.00 when the repair estimate is less than $500.00 or $100.00 when the repair estimate is between $500.00 and $1,500.00 or $150.00 if greater than $1,500.00; (b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99.  If Vehicle is returned during non-business hours or to any place other than location from which the vehicle was rented, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter's responsibility.  SEE SECTION 16 FOR INFORMATION ON OPTIONAL LDW. 

 

7. Responsibility to Third Parties. (US only) Owner or Owner's affiliate complies with the applicable motor vehicle financial responsibility laws with respect to the Vehicle as a state certified self-insurer, bondholder, insured or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law, Owner or Owner's affiliate does not extend any of such motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement. If valid automobile liability insurance or self-insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self-insurance satisfies the applicable state motor vehicle financial responsibility law, then neither Owner nor Owner's affiliate extends  its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement and if Owner or Owner's affiliate is obligated to extend the motor vehicle financial responsibility to Renter, AAD(s) or third parties, then such obligation is limited to the applicable state minimum financial responsibility amounts. Unless required by law, financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL SLP.

 

8. Indemnification by Renter. Renter 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 from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to third parties. Renter may present a claim to Renter's insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner for all such losses. This obligation may be limited if Renter purchases optional LDW and/or an optional SLI. SEE SECTIONS 16 AND 17 FOR INFORMATION ON OPTIONAL LDW AND OPTIONAL SLI.

 

9. Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Owner does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law.

 

10. Personal Property. Owner is not responsible for any damage to, loss of or theft of any personal property, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner's premises. SEE SECTION 17 FOR INFORMATION ON OPTIONAL PEC.

 

11. Use in Mexico. Vehicle shall not be taken into Mexico without Owner's prior written consent. Even with Owner's prior written consent, LDW and other optional protection products do not apply in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into Mexico.

 

12. Third-Party Proceeds. If a third party, including, without limitation, an employer or corporate account, authorizes payment of any amount owed by Renter under this Rental Agreement, Renter hereby assigns to Owner Renter's right to receive such payment.  Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Rental Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner's "/day" charges or the per diem benefits under the applicable insurance policy.  In such event the flat fee might exceed or be less than: the normal "/day" charges as calculated under this Rental Agreement; or their party's per diem benefits.  Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party.  Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.

 

13. Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of

Attorney:

 

a. To present insurance claims of any type to Renter's insurance carrier and/or credit card company if: (1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or (2) Any liability claims against Owner arise in connection with the rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

b. To endorse Renter's name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.

 

14. Severability. If any provision of this Rental Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.

 

15. Limitation of Remedy/No Consequential Damages. If Owner breaches any of its

obligations under this Rental Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner's sole liability to Renter and AAD(s) and Renter's and AAD(s)' sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s).

 

16. Optional Loss Damage Waiver (LDW). LDW IS NOT INSURANCE. THE PURCHASE OF LDW IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase optional LDW from Owner for an additional fee. If Renter purchases LDW, Owner agrees, subject to the actions that invalidate LDW listed

below, to contractually waive Renter's responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence, depending on the LDW plan chosen. Notwithstanding anything to the contrary and unless prohibited by law, LDW DOES NOT PROVIDE PROTECTION FOR LOST KEYS, KEY FOBS, TRANSPONDERS, OPTIONAL ACCESSORIES OR ANY LIABILITIES IMPOSED BY LAW. LDW does not apply to damage occurring in Mexico. In most locations, Owner offers the following two (2) levels of LDW protection:

 

• Loss Damage Waiver - Owner will waive renter's responsibility for all loss or damage to the Vehicle.

• Loss Damage Waiver 3000 (where applicable)- Owner will waive renter's responsibility for the first $3,000 of damage to, loss or theft of, vehicle or any part or accessory. Renter remains responsible for any amounts over $3,000.

 

When deciding whether or not to purchase LDW, Renter may wish to check with Renter's  insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Renter has coverage or protection for such damage or theft and the amount of Renter's deductible or out-of-pocket risk.

 

The following actions shall invalidate LDW:

a. if vehicle is damaged when used or driven: 

(1) by any person other than Renter or AAD(s) without Owner's prior written consent;

(2) by any person if there is reasonable evidence the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription;

(3) by any person committing a felony or otherwise engaged in a criminal act;

(4) in a race or speed contest;

(5) to tow or push anything;

(6) outside of the United States or Canada;

(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;

(8) to transport persons or property for hire;

(9) in a wanton or reckless manner or if Vehicle is deliberately damaged;

(10) on an unpaved road or off road;

(11) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

b. if Renter misrepresents facts to owner pertaining to rental, use, or operation of Vehicle; or

c. if Vehicle's interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

d. if renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism; or

e. if Vehicle is stolen and Renter fails to do any of the following: (1) return the original ignition key(s) and Owner's key tag identifying Vehicle; (2) file a police report within 24 hours after discovering the theft; (3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft.

 

Renter may accept LDW by selecting LDW on Renter's Profile. Renter's decision to accept or decline LDW on Renter's Profile will apply to all Rentals made under the Program except (A) Renter can choose a different option for any individual Rental by renting at the National self-service kiosk or rental counter; and (B) Renter can change the decision to accept or decline LDW for future transactions by changing Renter's Profile at www.nationalcar.com or by sending Owner a Master Rental Agreement Profile Change Form indicating Renter's change in writing. Renter can obtain a Master Rental Agreement Profile Change Form by contacting Owner at 1-800-962-7070, Monday through Friday, 9:00 am - 6 p.m. EST, or at any Owner's rental locations. On any Rentals where Renter chooses LDW, Renter agrees to pay the per day LDW charge in effect at the time of the Rental for each full or partial day. The LDW charge may change from time to time. Renter can obtain Owner's current LDW charge at the time Renter reserves a Vehicle.

 

The applicability of LDW to a Rental Period may be determined in accordance with a third party agreement. 

 

NOTE:  LDW may be referred to as Collision Damage Waiver (CDW) or Damage Waiver (DW) in specific states.

 

17. Other Optional Protection Products. THE PURCHASE OF ANY OF THE FOLLOWING PRODUCTS IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. EACH OF THE FOLLOWING IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE APPLICABLE POLICIES DESCRIBED BELOW. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. UNDERWRITING INSURER(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE. EACH OF THE FOLLOWING PRODUCTS MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER'S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER'S EXISTING COVERAGE.

 

For each of the Optional Products described in Section 17 (A)-(C), Renter may accept the optional product(s) by selecting it on Renter's Profile. Renter's decision to accept or decline the Optional product(s) on Renter's Profile will apply to all Rentals made under the Program except (A) Renter can choose a different option for any individual Rental by renting at the National self-service kiosk or rental counter; and (B) Renter can change the decision to accept or decline the Optional product(s) for future transactions by changing Renter's Profile at www.nationalcar.com or by sending Owner a Master Rental Agreement Profile Change Form indicating Renter's change in writing. Renter can obtain a Master Rental Agreement Profile Change Form by contacting Owner at 1-800-962-7070, Monday through Friday, 9:00 am - 6 p.m. EST, or at any Owner's rental locations. On any Rentals where Renter chooses the optional product(s), Renter agrees to pay the per day charge in effect at the time of the Rental for each full or partial day. The Optional product charges may change from time to time. Renter can obtain Owner's current charges at the time Renter reserves a Vehicle.

 

A. SUPPLEMENTAL LIABILITY INSURANCE (SLI) (Where available): If Renter purchases SLI, Owner provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (SLI charge is for the excess insurance only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $1,000,000 Combined Single Limit per accident. SLI will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Rental Agreement. SLI is available for an additional charge. SLI includes UM/UIM coverage for bodily injury and property damage (where required by law) in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection), and additional coverage, through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident (for rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident; for rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit) or state mandated UM/UIM limit, whichever is greater. Owner and Renter reject any additional UM/UIM coverage to the extent permitted by law. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. SLI, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle within the United States and Canada; coverage does not apply in Mexico. Additional policy exclusions include: (a) bodily injury or death to Renter, any AAD, or to the blood relatives or family of Renter or any AAD, if such relatives or family reside in the same household with Renter or with an AAD; (b) property damage to the rental vehicle; (c) fines, penalties, exemplary or punitive damages; (d) bodily injury, death or property damage expected or intended from the standpoint of the insured; and (e) any obligation for which the insured or the insured's insurer may be held liable under any worker's compensation, disability benefits or unemployment compensation law or any similar law. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit SLI coverage and in no way increase the combined single limit amount referenced above. This insurance coverage is underwritten by Ace American Insurance Company. A benefit summary for SLI is contained within the applicable brochure or, for kiosk renters, by pressing the "Product Details" button (for internet rentals, see http://www.nationalcar.com/itemDetails.do?HelpItemID=SLI). To file SLI claims, contact; Sedgwick CMS, P.O. Box 94950, Cleveland OH, 44101-4950 or at 1-888-515-3132 or fax 1-216-617-2928. 

 

The applicability of SLI to a Rental Period may be determined in accordance with a third party agreement. 

 

B. PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (PAI/PEC) (Where available): If selected and paid for, PAI provides Renter and Renter's passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PEC insures the personal effects of Renter, or any member of Renter's immediate family who permanently resides in Renter's household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle. PAI & PEC are available for an additional charge.

 

 

PAI Benefits**

Renter

Passenger

 

 

 

Accidental Death, Not to Exceed

$175,000

$17,500

 

 

 

 

 

 

Accident Medical Expenses, Not to exceed

$2,500

$2,500

 

 

 

Accident Ambulance Expense, Not to exceed

$250

$250

 

Accident Aggregate, not to exceed $225,000 per accident**.

 

** COVERAGE MAY VARY BY STATE OF RENTAL. SEE SECTION 23 FOR LOCATION SPECIFICS.

 

PAI Benefits: for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a "Passenger" for the purposes of PAI benefits.

PEC Benefits: $600 per person; $1,800 maximum coverage for all covered individuals during the Rental Period. PEC benefits apply to personal effects belonging to Renter, or any member of Renter's immediate family who permanently resides in Renter's household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle.
PAI & PEC Exclusions:

PAI shall not cover:

1) any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self inflicted injury;

2) aircraft travel, except as a passenger in a licensed aircraft on a regularly scheduled flight;

3) committing or attempting to commit a criminal offense;

4) an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician;

5) an accident which occurs while participating in a prearranged or organized race or testing of a vehicle;

6) war or any act of war;

7) engagement in an illegal occupation;

8) if Renter converts Vehicle; or 

9) any period Renter is in violation of the Rental Agreement. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date.

PEC shall not cover:

1)    Automobiles;

2)    automobile equipment;

3)    Motorcycles;

4)    Watercraft;

5)    Motors; or other conveyances or their appurtenances;

6)    Furniture;

7)    Currency;

8)    Coins;

9)    Deeds;

10) Bullion;

11) Stamps;

12) Tickets;

13) Securities;

14) documents;

15) contact lenses;

16) artificial teeth and limbs;

17) perishables,

18) animals; and

19) Loss or damage to property while actually being worked upon, or while in the care, custody or control of any common carrier are also not covered.

 

THE PEC POLICY DOES NOT COVER LOSS BY MYSTERIOUS DISAPPEARANCE. ALL LOSSES BY THEFT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR THEY WILL NOT BE COVERED.

 

This PAI/PEC is underwritten by Empire Fire and Marine Insurance Company. To file PAI/PEC claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Rental Agreement to: Sedgwick CMS, P.O. Box 94950, Cleveland, OH 44101-4950, Phone:1 (888) 515-3132 Fax: 1 (216) 617-2928

 

C. Roadside Plus (RSP) or Roadside Assistance Protection (RAP) in Canada (Where available): For roadside assistance call 1 (800) 367-6767. When deciding whether or not to purchase Roadside Plus (RSP) or Roadside Assistance Protection (RAP) in Canada, Renter should check to determine whether Renter has other coverage or protection for such services. ROADSIDE PLUS OR ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE PLUS OR ROADSIDE ASSISTANCE PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase RSP or RAP in Canada from Owner for an additional fee. If Renter purchases RSP or RAP, Owner agrees, subject to the actions that invalidate LDW listed in Section 16, to contractually waive Renter's responsibility for the cost to provide 24/7 roadside assistance (where available) which includes replacement of lost keys (including remote entry devices), flat tire service (if no inflated spare is available, the vehicle will be towed. Cost of a replacement tire is not covered by RSP or RAP), lockout service (if the keys are locked inside the vehicle), jumpstarts, and fuel delivery service for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel. Roadside Plus and Roadside Assistance Protection services are only available in the United States and Canada, respectively. If Renter does not purchase RSP or RAP, or if RSP or RAP is invalidated as set forth above, roadside assistance will be available, but standard charges will apply. RSP and RAP does not apply in Mexico.

 

18. Telematics Notice and Release. Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System).  Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice. Renter acknowledges that such systems utilize wireless technology to transmit data  and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter.  Renter authorizes any person's use or disclosure of or access to (i.) location information , (ii.) automatic crash notification to any person for use in the operation of any automatic crash notification system and , (iii.)  operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law.  Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized use, disclosure or access provided for herein. Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter, any AAD(s) and passengers) or property caused by failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner.  Use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics Systems provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information and user responsibilities. By signing this Agreement, Renter authorizes the provision of such Telematics Services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Owner.    

 

19. Headings. The headings of the numbered paragraphs of this Rental Agreement are for convenience only, are not part of this Rental Agreement and do not in any way limit, modify or amplify the terms and conditions of this Rental Agreement.

 

20. Disclosure of Information to Third Parties. Owner may disclose Renter's personal information without Renter's permission:  (i) when required by law, (ii) in response to legal process, (iii) without legal process in response to a request from law enforcement relating to a criminal investigation; (iv) to protect rights, privacy, safety or property of Owner, Owner's customers, or the public; (v) to permit Owner to pursue available remedies or limit damage that we may sustain, or (vi) to enforce the terms of any rental agreement or our website's terms and conditions.

 

21. Privacy. The information you provide to Owner is stored and used in accordance with National's privacy policy, which is available at www.nationalcar.com and for Canadian rentals at www.nationalcar.ca, which may be amended from time to time and which is incorporated herein by reference. Renter agrees that Owner may provide your personal data to third parties which conduct services on its behalf (such as consumer satisfaction surveys) and consents to Owner's representative contacting Renter on a cell phone or other phone number listed on the Rental Agreement or otherwise provided to National. Some National locations in the U.S., Canada, and participating locations in the Latin America Caribbean are owned and operated by independent licensees that are not controlled by Owner or our Affiliate companies ("Licensees"). The subsidiaries of Enterprise Holdings, Inc. and Enterprise Rent-A-Car Canada Company do not control the use of any personally identifiable or payment information collected by its Licensees. Licensees are required to identify themselves (i.e., at their locations and in their agreements, sales materials, business cards, marketing materials, advertisements and other National branded materials) as "An Independent National Car Rental Licensee" or by other similar terms.  National is not responsible for the Licensees' information practices. For more information, see Section 7 in Chapter A.

 

22. Choice of Law/Venue. All terms and conditions of this Rental Agreement shall be interpreted, construed and enforced pursuant to the laws of the state or province where the Renter first received a Vehicle under this Rental Agreement, without giving effect to the conflict of laws provisions of such state or province. Renter agrees that the county within the state or province in which Renter first receives a Vehicle under this Rental Agreement is the only place where Owner or Renter may file any action relating to this Rental Agreement.

 

23.  LOCATION SPECIFIC DISCLOSURES, NOTICES AND TERMS AND CONDITIONS FOR THE FOLLOWING LOCATIONS:

 

Alabama

Alaska

Arizona

California

Colorado

Connecticut

District of Columbia

Florida

Hawaii

Illinois

Indiana

Iowa

Kansas

Louisiana

Maryland

Massachusetts

Michigan

Minnesota

Missouri

New Mexico

New Jersey

Nevada

New York

North Carolina

Ohio

Oregon

Pennsylvania

Puerto Rico

Rhode Island

South Carolina

Tennessee

Texas

Utah

Vermont

Virginia

Washington

Wisconsin

Canada

Costa Rica

 

 

Renter acknowledges that Renter has received, read, understands and agrees to the following county, state or location specific disclosures, notices and terms and conditions.  Renter is advised to review this paragraph before renting or operating Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, Renter's obligations set forth in Sections 1 - 22, above. In the event of a direct conflict between Sections 1 - 22 of this Rental Agreement and this Section 23, this Section 23 will govern.

 

FOR RENTALS ORIGINATING IN ALABAMA

 

For Alabama rentals, a Surcharge ("SURCHARGE")  which represents Owner's charge to recover the estimated average daily cost per vehicle (not calculated based on the costs imposed upon a particular vehicle) of the charges and taxes imposed by governmental authorities upon Owner or its affiliates in connection with titling, registering, inspecting, licensing and plating of all vehicles in its/their rental fleet which are registered in Alabama; and a Privilege and License Tax Recovery (PRIV& LIC TAX RECO) which is Owner's charge to recover the privilege or license tax imposed upon Owner by the State of Alabama and any local taxing authorities.  This charge is calculated as a percentage of gross rental proceeds.

 

FOR RENTALS ORIGINATING IN ALASKA

Driving on the following named roadways is prohibited and LDW shall not apply: Campbell Hwy., Canol Road., Dalton Hwy., Dempster Hwy., Denali Hwy., Edgerton Hwy., Elliot Hwy., McCarthy Rd., Nabesena Rd., Steese Hwy., Taylor Hwy.

FOR RENTALS ORIGINATING IN ARIZONA

Owner's liability insurance does not cover injuries to passengers in the Vehicle. The insurance policies Owner offers may provide duplication of coverage already provided by Renter's personal automobile insurance policy or by another source of coverage.  Renter is not required to purchase such insurance in order to rent Vehicle.

ARIZONA REVISED STATUTE SECTION 13-1806 PROVIDES THE FOLLOWING, "A PERSON COMMITS UNLAWFUL FAILURE TO RETURN RENTED PROPERTY IF, WITHOUT NOTICE TO AND PERMISSION OF THE LESSOR OF THE PROPERTY, THE PERSON KNOWINGLY FAILS WITHOUT GOOD CAUSE TO RETURN THE PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE TIME PROVIDED FOR IN THE RENTAL AGREEMENT.  UNLAWFUL FAILURE TO RETURN RENTED OR LEASED PROPERTY IF THE PROPERTY IS A MOTOR VEHICLE IS A CLASS 5 FELONY."  THE MAXIMUM PENALTY FOR THIS OFFENSE IS IMPRISONMENT FOR 2 YEARS AND A FINE OF NOT MORE THAN $150,000 FOR THE FIRST OFFENSE.

 

THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.

 

FOR RENTALS ORIGINATING IN CALIFORNIA

 

State-Specific Fee:

 

For Rentals commencing in California, a percentage charge applies called the tourism commission assessment recovery by which National recovers the tourism assessment applicable to this rental as permitted by Section 13995.65 of the Government Code.

 

CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM

YOURSELF.

NOTICE ABOUT RENTER'S FINANCIAL RESPONSIBILITY AND OPTIONAL LOSS DAMAGE WAIVER.

 

Damage to, Loss of or Theft of Vehicle or Optional Accessories and Related Costs. If Optional Loss Damage Waiver is not purchased, and subject to any limitations in California law, Renter accepts responsibility and shall pay Owner, on demand, for: (a) All collision damage to Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle. (b) Theft of Vehicle or damages resulting from the theft of Vehicle if Renter or AAD(s) fails to exercise ordinary care of Vehicle during the Rental Period. Renter is responsible for the cost of repair up to the fair market value of Vehicle. (c) The first $500 of vandalism damages that are not a direct result of the actual theft of Vehicle. (d) Administrative fees, as established by California Civil Code Section 1936. (e) Towing, storage or impound fees. If Renter is responsible for damages as outlined above, and if Renter returns Vehicle during nonbusiness hours or to any place other than the agreed upon location, damages as outlined above occurring prior to an employee of Owner checking in Vehicle or Optional Accessories are Renter's responsibility. Renter shall not have Vehicle repaired without permission from Owner.

 

The daily cost of LDW is $10.99 to $500.00 per day, depending on the vehicle rented.

LOSS DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF LOSS DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter is responsible for all collision damage to Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. Renter is responsible for the first $500 of vandalism that is not a direct result of the actual theft of Vehicle. Renter will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if Renter or Authorized Driver(s) fails to exercise ordinary care of Vehicle during the Rental Period. Renter's own insurance, or the

issuer of the credit card used to pay for the car rental transaction, may cover all or part of Renter's financial responsibility for Vehicle. Renter should check with Renter's insurance company, or credit card issuer, to find out about Renter's coverage and the amount of the deductible, if any, for which Renter may be liable. Further, if Renter uses a credit card that provides coverage for Renter's potential liability, Renter should check with the issuer to determine if Renter must first exhaust the coverage limits of Renter's own insurance before the credit card coverage applies. Owner will not hold Renter responsible if Owner offers and Renter purchases Loss Damage Waiver. Loss Damage Waiver will not protect Renter if:

 

a. Damage or loss results from an Authorized Driver(s): (1) Intentional, willful, wanton or reckless conduct (2) Operation of the vehicle under the influence of alcohol or drugs in violation of Section 23152 of the California Vehicle Code, (3) Towing or pushing anything or (4) Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

 

b. Damage or loss occurs while the vehicle is: (1) Used for commercial hire, (2) Used in connection with conduct that could be properly charged as a felony, (3) Involved in a speed test or contest or in driver training activity, (4) Operated by a person other than an Authorized Driver, or (5) Operated outside of the United States and Canada.

 

c. Any Authorized Driver(s) has: (1) Provided fraudulent information to the rental company or (2) Provided false information and the rental company would not have rented Vehicle if it had instead received true information.

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

 

CALIFORNIA DEPARTMENT OF INSURANCE LICENSE NUMBERS:  0E20233, 0D15656, 0D15655 and 0627217.  THE CALIFORNIA DEPARTMENT OF INSURANCE MAINTAINS A TOLL-FREE CONSUMER HOTLINE. 800-927-4357(HELP)

 

FOR RENTALS ORIGINATING IN COLORADO

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

CDW will be invalidated if damages to Vehicle are caused by Renter or AAD (s) by:

a. willful and wanton conduct or misconduct;

b. intoxication by alcohol or use of controlled substances as defined in C.R.S. Section

42-4-1301;

c. participation in a speed contest;

d. carrying person(s) or property for hire, or pushing or towing anything;

e. use of Vehicle while committing a misdemeanor or felony or other criminal act;

f. use of Vehicle by an unauthorized driver, which includes any person not specifically

named as an AAD (s) in this Agreement;

g. supplying information which is false concerning the rental transaction with the intent

to defraud Owner;

h. use of Vehicle outside the continental United States, or

i. any instance whereby, during the rental of Vehicle, the speedometer or odometer is

tampered with or disconnected.

FOR RENTALS ORIGINATING IN CONNECTICUT

Renter's personal automobile insurance policy may cover collision damage, fire and theft damage and personal injury incurred while using Vehicle. The annualized rate for Collision Damage Waiver ("CDW") under the Rental Agreement is up to $11,000 per year. The annualized rate for Personal Accident Insurance/Personal Effects Coverage ("PAI/PEC") under the Rental Agreement is up to $2,000 per year. The annualized rate for Supplemental Liability Insurance ("SLI") under the Rental Agreement is up to $5,675.75 per year.  The annualized rate for Roadside Plus (RSP) under the Rental Agreement is up to $1,821.35 per year.  The purchase of CDW, RSP, PAI/PEC, SLI, or any of your other insurance options is not required to rent Vehicle.

FOR RENTALS ORIGINATING IN THE DISTRICT OF COLUMBIA

 

Warning - failure to return this vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.

 

Pursuant to DC ST § 50-1703(d), the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions. A booster seat shall only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint herein if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.

 

FOR RENTALS ORIGINATING IN FLORIDA

The Waste Tire and Battery Fee Recovery (Tire/Battery Fee), which is Owner's charge to recover the waste tire and lead-acid battery fee which Owner must remit in Florida.

The Florida State Rental Car Surcharge (SC REC) which is the Florida State Rental Car Surcharge imposed by the state.

The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida statutes.

Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155 and/or section 817.52 of the Florida Statutes.

A copy of the Miami Dade County Visitor Information Map is available at the rental counter or exit booth.

Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Owner does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/ UIM limits in excess of the minimum limits required by law.

All parties seeking PIP or UM/UIM benefits, including their purported assignors, must complete an Application for PIP Benefits on a form provided by Owner as soon as practicable following the alleged loss. Furthermore, all parties seeking PIP or UM/UIM benefits, including their purported assignors, must fully cooperate with Owner and its representatives in its investigation into the loss. Such cooperation includes, but is not limited to, the obligation to submit to an Examination Under Oath, Independent Medical Examinations, as well as the provision of recorded statements and written statements. Cooperation with Owner's investigation is a condition precedent to receiving PIP benefits from Owner. Notice Pursuant to F.S. 627.736(5)(a)5, Owner  hereby places all potential Personal Injury Protection (PIP) claimants on notice, per the terms of Florida's No-Fault Law, that Owner will limit payment pursuant to the schedule of charges specified in paragraph (5)(a)1 of F.S. 627.736.

 

PAI Benefits: Renter Passenger

Accidental Death, Not to exceed $250,000 $125,000

 

Accident Aggregate, not to exceed $500,000 per accident.

 

 

FOR RENTALS ORIGINATING IN HAWAII

Collision Damage Waiver Notice: Renter understands and acknowledges that by entering into this Rental Agreement Renter may be liable for damage to the vehicle resulting from a collision. Renter may already be sufficiently covered and should examine their personal automobile insurance policy to determine whether it provides coverage for collision damage and the amount of the deductible. Collision Damage Waiver is optional and entails an additional charge of up to $26.99 per day. Additional conditions and restrictions apply.

 

For rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit when SLI applies.

FOR RENTALS ORIGINATING IN ILLINOIS

 

This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a Collision Damage Waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the Collision Damage Waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage.

 

Damage to, Loss or Theft of, Vehicle and Related Costs. Subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code, which limits the Renter's liability for loss, damage, or theft of the vehicle to the actual and reasonable costs to the Owner for the repair of the Vehicle, or fair market value of the Vehicle whichever is less, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory, including and without limitation tires and tools, occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or act of God. Under Section 6-305.2 of the Illinois Vehicle Code, the maximum amount the Owner may recover for loss or damage of the vehicle is $16,000 up until May 31, 2014. Thereafter, this amount is subject to an annual increase of $500 on June 1 of each year thereafter.

 

Renter shall pay the Owner the amount necessary to repair the damaged vehicle, subject to the aforementioned limitations. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If the Owner determines the Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds,

subject to the aforementioned limitations in Section 6-305.2. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. Liability for theft of the Vehicle is limited to $2,000 except if the Renter or ADD(s) fails to exercise reasonable care while in possession of the Vehicle or the Renter or ADD(s) commits, aids or abets the theft of the vehicle, the Renter is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, subject to the aforementioned limitations set forth in Section 6-305.2. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages, subject to the aforementioned limitations in Section 6-305.2. If Vehicle is returned during non-business hours or to any place other than the agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter's responsibility. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. SEE SECTION 16 FOR INFORMATION ON OPTIONAL CDW.

 

COLLISION DAMAGE WAIVER is not insurance. It is not required in order to rent Vehicle. Renter may purchase optional Loss Damage Waiver (CDW) from Owner for an additional fee. If Renter purchases CDW, Owner agrees, subject to the actions that void CDW listed below, to contractually waive Renter's responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to lost keys, key fobs, transponders or Optional Accessories. CDW does not apply to damage occurring in Mexico. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

 

CDW will be voided for one or more of the following reasons:

 

a. Damage or loss while the rental vehicle is used to carry persons or

property for a charge or fee.

b. Damage or loss during an organized or agreed upon racing or speed

contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.

c. Damage or loss that could be reasonably expected from an intentional

or criminal act of the driver other than a traffic infraction.

d. Damage or loss to any rental vehicle resulting from any auto business

operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.

e. Damage or loss occurring to a rental vehicle if the rental contract is

based on fraudulent or material misrepresentation by the renter.

f. Damage or loss arising out of the use of the rental vehicle outside the

continental United States when such use is specifically prohibited in the

rental agreement.

g. Damage or loss occurring while the rental vehicle is operated by a driver

not permitted under the rental agreement.

h. Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.

 

FOR RENTALS ORIGINATING IN INDIANA

DAMAGE WAIVER (DW) DISCLOSURE:

 

1. LDW is optional. 2. LDW entails an additional charge 3. The additional charge

per day for DW is up to $19.99 4. All benefits of, and actions that invalidate,

DW are in Paragraph 16. 5. Renter or other authorized driver(s) may already be sufficiently covered for damage to Vehicle and should examine the Renter's or authorized driver's automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the Rental Agreement, Renter may be liable for damage, loss, or loss of use to the rental vehicle. Renter has read, understands and acknowledges this disclosure.

 

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by State law, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to

repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Rental Agreement, fair market value shall be the retail value of Vehicle as determined in the customary market for the sale of the vehicle.  . If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 4 multiplied by the daily rate; multiplied by 80%, (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate. Renter also agrees to pay: (a) an administrative fee of 10% of the repair estimate up to the first $1500.00, plus an additional 7.5% fee for any amount over $1500. If Vehicle is returned during non-business hours or to any place other than agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter's responsibility. SEE SECTION 16 FOR INFORMATION ON OPTIONAL LDW.

 

Loss Damage Waiver is not insurance. It is not required in order to rent a Vehicle.  By entering into this Rental Agreement, Renter may be liable for damage, loss, loss of use of the rented car, and other amounts, as described in Paragraph 5. Renter may purchase optional Damage Waiver (LDW) from Owner for an additional fee. If Renter purchases LDW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter's responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, LDW does not apply to lost keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. LDW does not apply to damage occurring in Mexico. Renter and any AAD(s) may already be sufficiently covered for damage to Vehicle and should examine Renter's own automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented car, and the amount of the deductible.

 

THE FOLLOWING SHALL INVALIDATE DW:

 

a. if Vehicle is damaged when used or driven:

(1) by any person other than Renter or AAD(s) without Owner's prior written consent;

(2) by any person if there is reasonable evidence he or she was intoxicated

or under the influence of an illegal drug;

(3) by any person committing a felony or in connection with conduct that could properly be charged as a felony;

(4) in a race or speed contest, road rally, test or driver training activity;

(5) to tow or push anything;

(6) outside the states authorized on Page 1;

(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;

(8) to transport persons or property for hire;

(9) in a wanton or reckless manner or if Vehicle is damaged intentionally or through willful or wanton misconduct;

(10) on an unpaved road or off road;

(11) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

 

b. if Renter or any AAD(s) provided Owner with fraudulent or false information and owner would not have rented Vehicle if Owner had received true information; or

c. if damage arises out of vandalism or theft of Vehicle caused by the negligence of Renter or AAD(s); or

d. if Vehicle's interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

e. if Renter or any AAD(s) fails or refuses to provide Owner, police, or other authorities with a full report of any theft, accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any theft, accident or vandalism.

f. if Vehicle is stolen and Renter fails to do any of the following:

(1) return the original ignition keys and Owner's key tag identifying Vehicle;

(2) file a police report within 24 hours after discovering the theft;

(3) cooperate fully with Owner, police and other authorities in all matters

connected with the investigation of the theft.

 

FOR RENTALS ORIGINATING IN IOWA

 

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.

Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. Damages for which Renter is also responsible include but are not limited to: loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 8, multiplied by the daily rate), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1499, and $150 if greater than $1500), diminishment of value (10% of the repair estimate if the damages are greater than $499), towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter's responsibility. SEE SECTION 16 FOR INFORMATION ON OPTIONAL LDW.

 

 

FOR RENTALS ORIGINATING IN KANSAS

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

The following shall invalidate LDW:

 

(1) Damages caused intentionally by the lessee or authorized driver or as a result of lessee's or authorized driver's willful or wanton misconduct;

(2) damages caused by an authorized driver of the rental motor vehicle driving while intoxicated or under the influence of any illegal or unauthorized drug,

or the combined influence of alcohol and any illegal or unauthorized drug;

(3) damages caused while engaging in any speed contest;

(4) the rental transaction is based on fraudulent information supplied by the renter;

(5) the damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act which would be a felony in which the automobile usage is substantially related to the nature of the criminal activity;

(6) the damage arises out of the use of the vehicle to carry persons or property for hire;

(7) the damage occurs while the vehicle is operated by a person other than an authorized driver;

(8) the damage arises out of the use of the vehicle outside of the United States unless such use is specifically authorized by the rental agreement;

(9) towing or pushing anything or if operation of the vehicle is off road; and

(10) loss due to the theft of the rental vehicle. However, the lessee shall be presumed to have no liability for any loss due to theft if:

(A) An authorized driver has possession of the ignition key furnished by the lessor, proof that the keys to the rental motor vehicle were taken by duress or an authorized driver establishes that the ignition key furnished by the lessor was not in the vehicle at the time of the theft; and

(B) an authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with the lessor and the police or other law enforcement agency in providing information concerning the theft.

 

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

FOR RENTALS ORIGINATING IN LOUISIANA

 

NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.

 

EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.

 

The LDW excludes the following:

a. Damages caused intentionally by the Renter or as a result of his willful or wanton misconduct.

b. Driving while intoxicated or under the influence of any drug, or the combined influence of alcohol and any drug.

c. Damages caused while engaging in any speed contest.

d. Damages caused while using the vehicle to push or tow anything, or using the vehicle to carry persons or property for hire, unless authorized by the Owner.

e. Damages incurred while driving outside the geographical limitations set forth in the contract.

f. Damages incurred while the vehicle is driven, with Renter's permission or accession, by anyone other than a person authorized under the contract to drive the vehicle.

g. The vehicle was leased or an authorized driver approved as a result of fraudulent information provided to the Owner.

h. Damage caused while committing or as a result of commission of a felony.

 

If Renter or AAD(s) continues to operate Vehicle after the right to do so is terminated: Owner has the right to notify police Vehicle has been stolen; Renter and AAD(s) hereby release and discharge Owner from any liability arising from such notice; Owner has the right to cause Vehicle to be seized under applicable state law.

 

FOR RENTALS ORIGINATING IN MARYLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the automobile. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental automobile and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.

You may not need the automobile insurance offered by Owner. Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for the rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving the rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the Owner of the rental vehicle.

If vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (renter's/driver's vehicle) is primary, and any liability coverage Owner provides on vehicle is secondary.

 

FOR RENTALS ORIGINATING IN MASSACHUSETTS

NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts residents: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle, less the deductible on your policy. If you have comprehensive coverage on your vehicle, your policy will cover loss on the rental vehicle caused by fire, theft or vandalism, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.

CDW does not cover the following:

a. Damage or loss caused intentionally, willfully or wantonly by an authorized driver;

b. Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;

c. Damage or loss caused while an authorized driver is engaging in any speed contest;

d. Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;

e. Damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;

f. Damage or loss incurred while the vehicle is driven, with the Renter's permission or accession, by anyone other than an authorized driver;

g. Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;

h. Damage or loss incurred as a result of commission of a felony by an authorized driver.

 

 

FOR RENTALS ORIGINATING IN MICHIGAN

 

Section 257.401 of the Michigan Compiled Laws provides that the rental vehicle owner is liable only up to $20,000 because of bodily injury or death to one per­son in any one accident and $40,000 because of bodily injury or death to two or more persons in any one accident, and only if the rented vehicle is operated by the renter, other authorized driver, or by the renter's spouse, father, mother, brother, sister, son, daughter, or other immediate family member. And, that the renter may be liable to the owner up to these amounts and to an injured person for amounts awarded in excess of these amounts.

 

FOR RENTALS ORIGINATING IN MINNESOTA

 

Minnesota Collision Damage Waiver Form: UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST: (1) COVER THE RENTAL OF THIS MOTOR VEHICLE AGAINST DAMAGE TO THE VEHICLE AND AGAINST LOSS OF USE OF THE VEHICLE; AND (2) EXTEND THE POLICY'S BASIC ECONOMIC LOSS BENEFITS, RESIDUAL LIABILITY INSURANCE, AND UNINSURED AND UNDERINSURED MOTORIST COVERAGES TO THE OPERATION OR USE OF A RENTED MOTOR VEHICLE. THEREFORE, PURCHASE OF ANY COLLISION DAMAGE WAIVER OR SIMILAR INSURANCE AFFECTED IN THIS RENTAL CONTRACT IS NOT NECESSARY. IN ADDITION, PURCHASE OF ANY ADDITIONAL LIABILITY INSURANCE IS NOT NECESSARY IF YOUR POLICY WAS ISSUED IN MINNESOTA UNLESS YOU WISH TO HAVE COVERAGE FOR LIABILITY THAT EXCEEDS THE AMOUNT SPECIFIED IN YOUR PERSONAL AUTOMOBILE INSURANCE POLICY.

 

The following shall invalidate the CDW and accordingly damage and loss resulting or arising from such actions are excluded from and not covered by the CDW:

 

a. Damage or loss that results directly from the intentional, reckless, willful, or wanton misconduct of Renter or AAD(s) in the operation of Vehicle;

b. Damage or loss that results directly from Renter or AAD(s) operation of Vehicle while legally intoxicated or under the influence of any illegal drugs, as defined or determined under the laws of the state in which the damage or loss occurred;

c. Damage or loss that results directly from Renter or AAD(s) operation of Vehicle to tow or push cargo or any other object;

d. Damage or loss arising out of the operation of Vehicle for any commercial purpose;

e. Damage or loss arising out of the use of Vehicle in the commission of a criminal activity that is classified as a felony under the laws of the state in which the criminal activity occurred;

f. Damage or loss arising out of the operation of Vehicle in any speed test, speed contest, or driver training activity;

g. Damage or loss arising out of the operation of vehicle outside the United States or Canada;

h. Damage or loss arising out of the operation of Vehicle by Renter or AAD(s) who submitted fraudulent or false information to Owner;

i. Damage or loss arising out of the operation of Vehicle by an unauthorized driver;

j. Damage or loss that occurs as a result of continued operation of Vehicle when such operation would cause damage to Vehicle.

 

 

Certificate Summary of Personal Accident Insurance

 

PURCHASE OF PERSONAL ACCIDENT INSURANCE (PAI) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI POLICY ISSUED BY EMPIRE FIRE & MARINE INSURANCE COMPANY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. PAI MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HOMEOWNER'S OR TENANT'S POLICY OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER THE PAI, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. EMPLOYEES, AGENTS OR ENDORSEES OF VEHICLE OWNER (AS DEFINED IN THE RENTAL AGREEMENT) ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER'S EXISTING COVERAGE.

 

PAI provides Renter and Renter's passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PAI is available for an additional charge as stipulated on page 1 of the Rental Agreement. "Renter" is the person who signs the Rental Agreement as Renter.

 

PAI Benefits: Renter Passenger

Accidental Death, Not to exceed $100,000 $10,000

Accident Medical Expenses, Not to exceed $3,500 $3,500

Accident Ambulance Expense, Not to exceed $150 $150

Accident Aggregate, not to exceed $130,000 per accident.

 

The above PAI benefits for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a "Passenger" for the purposes of PAI benefits.

 

PAI Exclusions:

PAI shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self-inflicted injury; aircraft travel except as a passenger in a licensed aircraft on a regularly scheduled flight; committing or attempting to commit a

criminal offense; an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician; an accident which occurs while participating as a professional in a prearranged or organized race or testing of a vehicle; war or any act of war; or engagement in an illegal occupation; nor shall this insurance be in effect if Renter converts Vehicle. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date.

To file PAI claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Rental Agreement to:

 

Sedgwick CMS

P.O. Box 94950

Cleveland, OH 44101-4950

Phone: 1-888-515-3132 Fax: 1-440-914-2903

 

 

 

Certificate Summary of Supplemental Liability Insurance

 

THE PURCHASE OF SUPPLEMENTAL LIABILITY INSURANCE IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE SLI POLICY ISSUED BY ACE AMERICAN INSURANCE COMPANY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. SLI MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER'S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER'S EXISTING COVERAGE.

 

SUPPLEMENTAL LIABILITY INSURANCE (SLI) (Where available): If Renter purchases SLI, Owner provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (SLI charge is for the excess insurance only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $1,000,000 Combined Single Limit per accident. SLI will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Rental Agreement. SLI is available for an additional charge. SLI includes UM/UIM coverage for bodily injury and property damage (where required by law) in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection), and additional coverage, through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident (for rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident; for rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit) or state mandated UM/UIM limit, whichever is greater. Owner and Renter reject any additional UM/UIM coverage to the extent permitted by law. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. SLI, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle within the United States and Canada; coverage does not apply in Mexico. Additional policy exclusions include: (a) bodily injury or death to Renter, any AAD, or to the blood relatives or family of Renter or any AAD, if such relatives or family reside in the same household with Renter or with an AAD; (b) property damage to the rental vehicle; (c) fines, penalties, exemplary or punitive damages; (d) bodily injury, death or property damage expected or intended from the standpoint of the insured; and (e) any obligation for which the insured or the insured's insurer may be held liable under any worker's compensation, disability benefits or unemployment compensation law or any similar law. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit SLI coverage and in no way increase the combined single limit amount referenced above. This insurance coverage is underwritten by Ace American Insurance Company. A benefit summary for SLI is contained within the applicable brochure or, for kiosk renters, by pressing the "Product Details" button (for internet rentals, see http://www.nationalcar.com/itemDetails.do?HelpItemID=SLI). To file SLI claims, contact; Sedgwick CMS, P.O. Box 94950, Cleveland OH, 44101-4950 or at 1-888-515-3132 or fax 1-216-617-2928. 

 

 

FOR RENTALS ORIGINATING IN MISSOURI

COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.

EXCLUSIONS:  LDW does not apply if:

 

a. The damage is caused intentionally by an authorized driver or as a result of the driver's willful and wanton misconduct;

b. The damage arises out of the authorized driver's operation of Vehicle while intoxicated or under the influence of any illegal or unauthorized drug;

c. The rental transaction is based on fraudulent information supplied by Renter;

d. The damage arises out of the use of Vehicle while committing or otherwise engaged in a criminal act in which the vehicle usage is substantially related to the nature of the criminal activity;

e. The damage arises out of the use of Vehicle to carry person or property for hire;

f. The damage occurs while the vehicle is operated by a person other than an authorized driver. For the purposes of this Paragraph, "authorized driver" means the (a) renter, (b) the renter's spouse if the spouse is a licensed driver and satisfies the car rental company's minimum age requirement; (c) the renter's employee or co-worker if they are engaged in business activity with the person to whom the vehicle is rented, are licensed drivers, and satisfy the rental company's minimum age requirements; (d) any person who operates the vehicle during an emergency situation; and (e) any person expressly listed by the car rental company on the renter's contract as an authorized driver.

 

g. The damage arises out of the use of Vehicle outside the United States unless such use is specifically authorized by the Rental Agreement;

h. The damage arising from towing or pushing anything or if the operation of Vehicle on an unpaved road has resulted in damage or loss which is a direct result of the road or driving condition;

i. The damage or loss is due to the theft of Vehicle. However, Renter shall have no liability for any loss due to theft if;

(1) An authorized driver has possession of the ignition keys furnished by Owner or an authorized driver establishes that the ignition keys furnished by Owner were not in Vehicle at the time of the theft, and

(2) An authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with Owner and the police or other law enforcement agency in providing information concerning the theft.

 

FOR RENTALS ORIGINATING IN NEW MEXICO

COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU OVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.

 

THE INSURANCE COVERAGE OF THE RENTER OR ANY AUTHORIZED DRIVER IS PRIMARY FOR THE LIMITS OF FINANCIAL SECURITY REQUIRED BY THE MANDATORY FINANCIAL RESPONSIBILITY ACT.

 

 

FOR RENTALS ORIGINATING IN NEW JERSEY

 

Notice: New Jersey requires that every child 8 years or younger and weighing less than 80 pounds be transported in a child passenger restraint system or booster seat that meets federal standards in the back seat of the Vehicle.  Renter is responsible for supplying a child safety seat or renting one from Owner.

FOR RENTALS ORIGINATING IN NEVADA

Nevada law requires any driver of a passenger car and any passenger 5 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for his seating position.

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God to the maximum extent permitted by Nevada law. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. Renter shall pay Owner the amount necessary to repair Vehicle. However, if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter acknowledges that:

 

a. Renter's responsibility for loss or damage to the Vehicle or Optional Accessories will not exceed the fair market value of Vehicle at the time Vehicle is lost or damaged plus actual towing, storage and impound fees, an administrative charge ($50 if the repair estimate is less than $500, $100 if between $500 and $1499.99, and $150 if greater than $1500), and a reasonable charge for loss of use regardless of fleet utilization (if Owner determines Vehicle is repairable, loss of use shall be total labor hours from the repair estimate divided by 8, multiplied by the daily rate. If the vehicle is stolen and not recovered or Owner determines Vehicle is salvage, loss of use shall be 15 days),

b. Renter's responsibility for damage to the Vehicle and loss of use of Vehicle resulting from vandalism not related to the theft of the Vehicle and not caused by Renter will not exceed $2,500; and

c. Renter is not responsible for loss of or damage to Vehicle resulting from theft or vandalism related to the theft if Renter has possession of the ignition key or Renter establishes that the ignition key was not in Vehicle at the time of the theft, Renter files an official report of the theft with the police within 24 hours of learning of the theft and Renter cooperates with Owner and the police in providing information regarding the theft, and neither Renter nor an AAD (s) committed or aided and abetted the commission of the theft. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking and inspecting the Vehicle is Renters responsibility. SEE SECTION 16 FOR INFORMATION ON OPTIONAL DW.

 

The following invalidate LDW:

a. Damage or loss resulting from:

(1) the intentional, willful, wanton or reckless conduct of Renter or AAD(s);

(2) operation of the Vehicle by Renter or AAD(s) while under the influence of drugs or alcohol in violation of the laws of the state in which the loss or damage occurs;

(3) Renter or AAD(s) using the Vehicle to tow or push anything; or

(4) operation of the Vehicle by Renter or AAD(s) on an unpaved road if the damage or loss is a direct result of the road or driving conditions;

(5) theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:

(a) Has possession of the ignition key furnished by the Owner or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

(b) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft. The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft

 

b. Damage or loss occurring when the Vehicle is:

(1) used for hire;

(2) used in connection with conduct that constitutes a felony;

(3) involved in a speed test or contest or in driver training activity;

(4) OPERATED BY A PERSON OTHER THAN YOU OR AAD(s), or

(5)  Operated in a foreign country or outside of the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations; or

c. If the Vehicle was rented as a result of fraudulent information provided to Owner by Renter or an AAD(s) or as a result of false information provided to Owner by Renter or an AAD(s) if Owner would not have rented the Vehicle if it had received true information.

 

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

                                                                                                             

FOR RENTALS ORIGINATING IN NEW YORK

 

ATTENTION:  Owner purchases no third-party insurance covering this rental, but provides its renters and authorized drivers with minimum liability coverage, as required by the New York Vehicle and Traffic Law. Those coverages are: $25,000 per accident for bodily injury to one individual/$50,000 per accident for bodily injury to more than one individual; $50,000 per accident for the death of one individual/$100,000 per accident for the death of more than one individual; $10,000 per accident for injury to or destruction of property. In addition, to the extent required by law, Owner will defend the renter and authorized drivers from all claims of third parties alleging bodily injury, death or property damage arising out of the operation of the rental vehicle. If additional liability coverage is desired you may purchase Supplemental Liability Insurance from Owner at an additional cost.

 

NOTICE:  THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS TO THE RENTAL VEHICLE.  THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS OPTIONAL AND MAY BE DECLINED.  YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE.

 

Renter accepts responsibility for damage to Vehicle, Optional Accessories, or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter accepts responsibility for loss of, or physical and mechanical damage to, Vehicle due to theft if it is established Renter or AAD(s) failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle. Renter accepts responsibility for loss, or theft of, Optional Accessories regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered, or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Rental Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay Owner the fair replacement value of the Optional Accessories.  Damages for which Renter is also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter's responsibility.  SEE SECTION 16, AND THE EXCLUSIONS BELOW, FOR INFORMATION ON OPTIONAL LDW.

 

THE FOLLOWING SHALL INVALIDATE LDW: A violation of the contract shall

exist and LDW (also referred to as Optional Vehicle Protection) is void and shall

not apply to the following situations:

a. the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver;

b. the damage or loss arises out of the driver's operation of the vehicle while intoxicated or impaired by the use of alcohol or drugs;

c. the rental vehicle company entered into the rental transaction based on

fraudulent or materially false information supplied by the renter or authorized

driver;

d. the damage or loss arises out of the use of the vehicle while engaged in

the commission of a crime other than a traffic infraction;

e. the damage or loss arises out of the use of the vehicle to carry persons

or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver's training;

f. the damage or loss arises out of the use of the vehicle by a person other

than: an authorized driver; a duly licensed parent or child over the age of eighteen thereof who permanently resides in the same household; or a parking valet or parking garage attendant for compensation and in the normal course of employment;

g. the damage or loss arises out of the use of the vehicle outside of the continental United States when that use is not specifically authorized by the

rental agreement;

h. the authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the rental agreement.

 

For rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident if SLI applies.

 

Renter's Indemnity Provision:  Renter agrees to defend, indemnify, and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and expenses incurred by Owner arising from any bodily injury or property damage claim presented by any third party for all amounts in excess of the minimum dollar amounts required to be maintained by the Owner by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. Renter agrees to present a claim to their insurance carrier for all such expenses. If Renter has no insurance to cover such events or losses, Renter agrees to pay Owner for such losses. Renter agrees to further indemnify and hold Owner harmless to the extent permitted by law from attorney fees that are incurred or may be incurred in defending or prosecuting any claims, actions, causes of action, lawsuits or controversies that are brought by or against Owner arising from the Renter's use, operation or possession of the rented vehicle or Optional Accessories.

 

New York State Child Safety Seat Law:  New York state law requires all children under the age of eight to be restrained in a federally approved child restraint system.

 

NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS CONSUMER PROTECTION LAW RULE:

IF YOU HAVE MADE A RESERVATION FOR A CAR (OR TRUCK), THAT RESERVATION MUST BE HONORED AT THE PRICE ORIGINALLY PROMISED, WITHIN ONE-HALF HOUR OF THE TIME ORIGINALLY PROMISED, UNLESS YOU ARE TOLD WHEN YOU MAKE THE RESERVATION THAT IT IS NOT GUARANTEED. TO REPORT COMPLAINTS, CONTACT THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NY 10004, COMPLAINT PHONE: 311 or (212) NEW YORK.

 

NOTICE: New York State Law prohibits 
the following practices by rental vehicle companies based upon race, color, 
ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; 
(2) the imposition of any additional charge (except in certain instances where the renter 
is under the age of 25). In addition, it is unlawful for any rental vehicle company 
to refuse to rent a vehicle to any person solely on the requirement of ownership of 
a credit card. 

 

PAI Benefits: Renter Passenger

Accidental Death, Not to exceed $250,000 $125,000

Accident Aggregate, not to exceed $500,000 per accident.

 

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

 

FOR RENTALS ORIGINATING IN NORTH CAROLINA

 

The Vehicle License Fee Recovery (VLF REC) which is Owner's charge to recover the estimated average daily cost per vehicle of the charges incurred to title, register and plate all vehicles in its rental fleet registered in North Carolina. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

 

Vehicle shall only be used in full compliance with applicable safety laws, including adult and child restraint laws.   It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers.  Renter is required to stop for and not pass school vehicles that are picking up or dropping off passengers.

 

North Carolina counties and cities may each enact a 1.5% tax on the total lease or rental price, excluding highway use tax.  If so indicated on your billing information, this amount is being charged as a tax on gross receipts.

 

In your decisions regarding optional insurance products for your rental, please note that: (a) this may provide a duplication of coverage already provided by your personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (b) written materials are available to you (and should be requested if you have questions), which summarize and describe the material coverage terms, insurer identity, the process for filing a claim, and other information such as price, benefits, exclusions, conditions or other limitations; and (c) your purchase of an insurance product is not required in order to rent a vehicle.  Your election to purchase such an insurance product constitutes evidence of coverage.

 

FOR RENTALS ORIGINATING IN OHIO

 

IF YOU HAVE PURCHASED AN INSURANCE PRODUCT FROM OWNER, YOU ACKNOWLEDGE RECEIPT, OR OFFER, OF THE INSURANCE PRODUCT INFORMATION IN SECTION 17.

 

Ohio Limited Authority License Numbers: 27413, 27392

 

FOR RENTALS ORIGINATING IN OKLAHOMA

 

OPTIONAL PRODUCTS NOTICE: We offer for an additional charge the following optional products: Damage Waiver, Personal Accident Insurance/Personal Effects coverage, Supplemental Liability Protection and Roadside Assistance Protection.  Before deciding to purchase an of these products, you may wish to determine whether your personal insurance, credit card or other coverage provides you protection during the Rental Period.  The purchase of any of these products is not required to rent Vehicle.

 

 

FOR RENTALS ORIGINATING IN OREGON

NOTICE: OUR CONTRACTS OFFER, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER OR NOT TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

 

FOR RENTALS ORIGINATING IN PENNSLVANIA

OPTIONAL PRODUCTS NOTICE: OWNER OFFERS, FOR AN ADDITIONAL CHARGE, AS OPTIONAL PRODUCTS: DAMAGE WAIVER (DW); PERSONAL ACCIDENT INSURANCE (PAI); ROADSIDE ASSISTANCE PROTECTION (RAP) AND SUPPLEMENTAL LIABILITY PROTECTION (SLP). THESE ARE DESCRIBED IIN DETAIL ELSEWHERE IN THIS AGREEMENT. THESE ARE OPTIONAL PRODUCTS WHICH MAY DUPLICATE COVERAGE I ALREADY HAVE THROUGH MY OWN INSURANCE POLICIES or MY CREDIT CARD. I AM NOT REQUIRED TO PURCHASE THESE PRODUCTS IN ORDER TO RENT A VEHICLE FROM OWNER.

 

Before deciding whether to purchase these optional products I may wish to examine my

insurance policies or credit card agreement, or I may wish to call my insurance agent or credit card company, to determine whether they provide coverage For damage to a rental vehicle or for loss or injury caused or suffered by me. Pennsylvania law requires Owner to bear certain minimum financial responsibility for its vehicles. Owner is self-insured for this responsibility, which does not constitute liability insurance for me the renter, or for any passenger. If I elect to purchase any optional insurance product or DW, I may elect to cancel my purchase at any time during the rental by bringing the car and my copy of the contract to any  branch of Owner during business hours and agreeing in writing to modify the contract. I will not be charged for the cancelled selections beyond the day of cancellation.

 

REJECTION OF UNINSURED MOTORIST PROTECTION: I am rejecting

uninsured motorist coverage under this rental or lease agreement and any policy of insurance or self-insurance issued under this agreement, for myself and all other passengers of this vehicle. Uninsured coverage protects me and other passengers in this vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

 

 

FOR RENTALS ORIGINATING IN PUERTO RICO

 

SUPPLEMENTAL LIABILITY INSURANCE (SLI) (Where available): If SLI is selected and paid for, SLI provides Renter or any AAD with minimum financial responsibility limits under a policy of insurance issued with Zurich American Insurance Company limits AND excess insurance under a policy of insurance issued with Ace American Insurance Company. These policies together provide Renter and AAD(s) with a combined single limit per accident equal to $1,000,000. SLI is primary to any other coverage and will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Agreement. SLI is available for an additional charge. SLI includes UM/UIM coverage for bodily injury and property damage in an amount equal to the minimum financial responsibility limits applicable to the Vehicle under the policy of insurance issued with Zurich American Insurance Company, and additional coverage, through an excess liability policy under a policy of insurance issued with Ace American Insurance Company, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident or Puerto Rico mandated UM/UIM limit, whichever is greater. OWNER AND RENTER REJECT ANY ADDITIONAL UM/UIM COVERAGE TO THE EXTENT PERMITTED BY LAW. SLI, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. SLI COVERAGE IS IN EFFECT ONLY WHILE ANOTHER AAD OR RENTER IS DRIVING THE VEHICLE WITHIN PUERTO RICO ; COVERAGE DOES NOT APPLY OUTSIDE OF PUERTO RICO. ADDITIONAL POLICY EXCLUSIONS INCLUDE: (A) BODILY INJURY TO RENTER, ANY AAD, OR TO THE BLOOD RELATIVES OR FAMILY OF RENTER OR ANY AAD, IF SUCH RELATIVES OR FAMILY RESIDE IN THE SAME HOUSEHOLD WITH RENTER OR WITH AN AAD; (B) PROPERTY DAMAGE TO THE RENTAL VEHICLE; (C) FINES, PENALTIES, EXEMPLARY OR PUNITIVE DAMAGES; (D) BODILY INJURY OR PROPERTY DAMAGE EXPECTED OR INTENDED FROM THE STANDPOINT OF THE INSURED; AND (E) ANY OBLIGATION FOR WHICH THE INSURED OR THE INSURED'S INSURER MAY BE HELD LIABLE UNDER ANY WORKER'S COMPENSATION, DISABILITY BENEFITS OR UNEMPLOYMENT COMPENSATION LAW OR ANY SIMILAR LAW. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit SLI coverage and in no way increase the combined single limit amount referenced above. A benefit summary for SLI is contained within the applicable brochure or, for kiosk renters, by pressing the "Product Details" button (for internet rentals, see https://nationalcar.custhelp.com/app/answers/detail/a_id/1649).

Report Puerto Rico SLI claims to: Gallagher Bassett Services –121 River Port Executive Center II, 13801 Riverport Drive, Suite 501, Maryland Heights, MO 63043-4810, Phone: 1 (866) 275-9195 Fax: 1 (866) 741-2200

 

PAI Benefits: Renter Passenger

 

Accident Medical Expenses, Not to exceed $3,500

Accident Ambulance Expense, Not to exceed $150

Accident Aggregate, not to exceed $130,000 per accident.

 

Loss Damage Waiver

LDW does not apply to damage occurring outside of Puerto Rico (operation of the vehicle in Vieques or Culebra is prohibited).

 

Additional Limits on Use and Termination of Right to Use.

 

Use Outside of Puerto Rico. Vehicle shall not be taken out of Puerto Rico without Owner's prior written consent. Transportation and/or operating vehicles in Vieques or Culebra is prohibited. Even with Owner's prior written consent, LDW does not apply.

 

FOR RENTALS ORIGINATING IN RHODE ISLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle.  Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.

"Read the collision damage waiver disclosure provision contained in this rental agreement before signing this agreement."

Notice About Liability for Damage to the Rental Car

 

The State of Rhode Island requires us to provide the following information

about your liability for damage to the rental car and the purchase of a damage waiver. Insurance or Credit Card Coverage Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage. Damage Waiver Coverage A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:

 

(1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver;

(2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;

(3) Damage or loss caused while an authorized driver is engaging in any speed contest;

(4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;

(5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement;

(6) Damage or loss incurred while the vehicle is driven, with the renter's permission or accession, by anyone other than an authorized driver;

(7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;

(8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and

(9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.

 

THE LIABILITY INSURANCE OF ANY DRIVER OR LESSEE OF THE VEHICLE RENTED UNDER THIS CONTRACT IS PRIMARY AS REQUIRED BY R.I.G.L. 31-34-4.

FOR RENTALS ORIGINATING IN SOUTH CAROLINA

Notice: § 56-31-50 of the South Carolina Statutes requires private passenger vehicle rental companies to collect a five percent surcharge on rentals of thirty-one days or less.  In your decisions regarding optional insurance products for your rental, please note that: (a) you may have insurance policies in place that already provide the coverage being offered or otherwise present a duplication of coverage; (b) written materials are available to you (and should be requested if you have questions), which summarize and describe the material coverage terms, insurer identity, and the process for filing a claim; and (c) your purchase of an insurance product is not required in order to rent a vehicle.  Your election to purchase such an insurance product constitutes evidence of coverage.

 

FOR RENTALS ORIGINATING IN TENNESSEE

OPTIONAL PRODUCTS NOTICE:

 

Purchaser of the insurance coverage, Loss damage waiver or Roadside Assistance Protection may be covered for such claims on the Renter's personal motor vehicle insurance policy, and if such insurance coverage exists under the Renter's personal insurance policy, and the coverage is confirmed, the Renter may require the Owner to submit any claims to the Renter's personal insurance carrier as the Renter's agent. The purchase of any of these products is optional and not required to rent a vehicle.

 

FOR RENTALS ORIGINATING IN TEXAS

NOTICE:  Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

Notice to Texas Residents Regarding Damage Waivers: Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term.  Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss.  If you file a claim under your personal automobile insurance policy, your insurance company may choose to nonrenew your policy at your renewal date, but may do so only if you are at fault for the claim.

Notice: YOUR PERSONAL AUTOMOBILE INSURANCE MAY PROVIDE COVERAGE

FOR YOUR LIABILITY WHILE OPERATING A RENTAL VEHICLE. THE PURCHASE

OF SLP IS NOT REQUIRED AS A CONDITION OF RENTING AN AUTOMOBILE. THIS

INSURANCE DOES NOT APPLY TO ANY BODILY INJURY OR PROPERTY DAMAGE

ARISING OUT OF THE USE OF A RENTAL VEHICLE BY ANY DRIVER WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAW. THE RENTAL CAR COMPANY'S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF THE RENTER'S EXISTING COVERAGE.

 

THE HARRIS COUNTY-HOUSTON SPORTS AUTHORITY REQUIRES THAT AN

ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR

THE PURPOSE OF FINANCING ONE OR MORE APPROVED VENUE PROJECTS.

 

THE CITY OF EULESS REQUIRES THAT AN ADDITIONAL TAX OF 5% PERCENT BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING CERTAIN PROJECTS UNDER A REVENUE SHARING AGREEMENT.

 

THE CITY OF AUSTIN REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE TOWN LAKE PARK COMMUNITY EVENTS CENTER VENUE PROJECT.

 

BEXAR COUNTY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING A MULTIPURPOSE SPORTS AND COMMUNITY VENUE PROJECT APPROVED BY THE VOTERS OF THE CITY ON NOVEMBER 2, 1999.

 

THE CITY OF EL PASO REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE SUN BOWL VENUE PROJECT

 

Supplemental Liability Insurance

Optional Supplemental Liability Insurance (SLI) provides the Renter with minimum financial responsibility limits as set forth in the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated and excess insurance provided by the insurer, which supplies the Renter and authorized drivers with third-party liability protection with combined single limit per accident equal to the difference between the minimum financial responsibility limits set forth above and 1,000,000 Combined Single Limit per accident. SLI will respond on a primary basis for third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of the rental vehicle as permitted under this Rental Agreement. SLI is available for an additional charge as stipulated on the rental agreement.

 

Exclusions: For all exclusions, see the Rental Agreement and the SLI policy issued by the insurer. Here are a few key exclusions: (a) loss arising out of an accident which occurs while the Renter or ADD is under the influence of alcohol or drugs in violation of the law; (b) loss arising out of the use of a rental vehicle when such use is in violation of the terms and conditions of the rental agreement; (c) loss arising out of bodily injury or property damage sustained by a Renter or Authorized Driver or family member of the Renter or ADD who resides in the same household; (d) loss arising out of the operation of the rental vehicle by any driver who is not a Renter or ADD; (e) bodily injury to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by the Renter or ADDs; (f) property damage to property transported or in the care, custody or control of the Renter or ADDs; (g) damage to the rental vehicle; (h) Liability arising out of the use of a rental vehicle, which was obtained, based on false, misleading or fraudulent information. The coverage provided under the policy for the insured is void in any case of fraud by the insured relating to it. It is also void if the insured intentionally conceals or misrepresents a material fact concerning the policy. 

 

You may not need the automobile insurance (SLI) offered by Owner . Your Texas automobile policy provides coverage for your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage. The purchase of SLI is not required as a condition of renting an automobile. The rental car company's employees, agents or endorsees are not qualified to evaluate the adequacy of the existing coverage. 

 

This insurance does not apply to any bodily injury or property damage arising out of the use of a rental vehicle by any driver while under the influence of drugs or alcohol in violation of the law.

 

Report SLI Claims to:

Sedgwick CMS

P.O. Box 94950

Cleveland, OH 44101

Phone: 1-888-515-3132 Fax: 1-440-914-2903

 

Personal Accident Insurance (PAI)

& Personal Effects Coverage (PEC)

This optional insurance provides the Renter and the Renter's passengers with Accidental Death and Accident Medical Expense Benefits (PAI). This option also insures the personal effects of the Renter, any member of the Renter's immediate family who permanently resides in the Renter's household and who is traveling with the renter and additional authorized drivers listed on the rental agreement, against risks of loss or damage while in transit or in a building (other than your personal residence) or locked in rental vehicle (PEC). The PAI/PEC is available for an additional charge as stipulated on the rental agreement.

 

The PAI Benefits:                                Renter             Passenger

Accidental Death-Not to exceed:       $100,000         $10,000

Accidental Medical-Not to exceed:    $3,500             $3,500

Ambulance Expense-Not to exceed: $150                $150

 

Accident Aggregate, not to exceed    $130,000 per accident

 

The PAI benefits for the Renter (person who signs the Rental Agreement as "Renter") apply to accidents during the rental period whether or not the Renter is in the rental vehicle. Passengers are covered only for accidents occurring while they occupy the rental vehicle.

 

The PEC Benefits:

$ 600 per person

$1,800 maximum coverage for all covered individuals during the rental period.

 

The PEC benefits apply to personal effects belonging to the Renter, any member of the Renter's immediate family who permanently resides in the Renters' household and who is traveling with the renter and additional authorized drivers listed on the rental agreement.

PAI & PEC Exclusions:

The PAI shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self-inflicted injury; aircraft travel except as a passenger in a licensed aircraft on a regularly scheduled flight; committing or attempting to commit a criminal offense; an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician; an accident which occurs while participating in a prearranged or organized race or testing of a vehicle; war or any act of war; engagement in an illegal occupation; nor shall this insurance be in effect if the Renter converts the rental vehicle or during any period the Renter is in violation of the Rental Agreement. The Renter shall be deemed to have converted the rental vehicle whenever the rental vehicle is not returned to the Owner by the return or by the extended return date.

 

The PEC shall not cover automobiles, automobile equipment, motorcycles, watercraft, motors, or other conveyances or their appurtenances, furniture, currency, coins, deeds, bullion, stamps, tickets, documents, securities, contact lenses, artificial teeth and limbs, perishables, animals, loss or damage sustained to property while actually being worked upon, or while in the care, custody or control of any common carrier are also not covered. THIS POLICY DOES NOT COVER LOSS BY MYSTERIOUS DISAPPEARANCE. ALL LOSSES BY THEFT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR THEY WILL NOT BE COVERED. 

 

THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI & PEC POLICIES ISSUED BY INSURER. UPON REQUEST A COPY OF THE POLICIES ARE AVAILABLE FOR REVIEW. PAI & PEC MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HOMEOWNER'S, TENANT'S POLICY OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER THE PAI & PEC, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. PURCHASE OF PAI & PEC IS NOT REQUIRED IN ORDER TO RENT A CAR. THE RENTAL CAR COMPANY'S, EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF THE EXISTING COVERAGE.

 

To file a claim, obtain a claim form from any rental counter, complete it and return it with a copy of the rental agreement to:

 

Sedgwick CMS

P.O. Box 94950

Cleveland, OH 44101

Phone: 1-888-515-3132 Fax: 1-440-914-2903PA

    

Roadside Assistance Protection

Provide 24 hours roadside assistance (where available). When Roadside Assistance is not purchased, roadside assistance is available but standard charges may apply.

 

FOR RENTALS ORIGINATING IN UTAH

 

Renter violates Utah statute § 76-6-410.5 if any vehicle rented is not returned within 72 hours of midnight on the return date specified for that rental. Such violation may subject Renter to imprisonment for up to 15 years and a fine of up to $10,000.00.

 

Authorized Driver means Renter and includes:

            (a) Renter's spouse if a licensed driver satisfying Owner's minimum age requirement;

            (b) Renter's employer or coworker if engaged in business activity with the Renter and if they are licensed drivers satisfying the Owner's minimum age requirement;

            (c) any person who operates Vehicle during an emergency situation;

            (d) any person who operates Vehicle while parking Vehicle at a commercial establishment; or

            (e) any person expressly listed by the Owner on the Rental Agreement as an Authorized Driver

 

"RENTER'S OWN MOTOR VEHICLE INSURANCE OR HIS CREDIT CARD MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE."

 

FOR RENTALS ORIGINATING IN VERMONT

The failure to return a rented or leased motor vehicle within 72 hours after the date and time specified in this agreement without extending the date and time is a crime under Vermont law (13 V.S.A. 2592) and may result in a criminal penalty of up to five years imprisonment or a $5,000.00 fine, or both.

 

Insurance Coverage to be provided by Renter's Insurance.

 

FOR RENTALS ORIGINATING IN VIRGINIA

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DA MAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

 

FOR RENTALS ORIGINATING IN WASHINGTON

 

THE INSURANCE POLICIES OFFERED HEREIN MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY RENTER'S  PERSONAL AUTOMOBILE INSURANCE POLICY, RENTER'S HOMEOWNERS' POLICY, OR SOME OTHER POLICY YOU MAY OWN OR BE ENTITLED TO.   OWNER IS NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER'S EXISTING INSURANCE COVERAGE.  RENTERIS NOT REQUIRED TO PURCHASE INSURANCE FROM OWNER IN ORDER TO RENT A CAR FROM OWNER.

 

PAI Benefits**

Renter

Passenger

 

 

 

Accidental Death, Not to Exceed

$100,000

$10,000

 

 

 

 

 

 

Accident Medical Expenses, Not to exceed

$3,500

$3,500

 

 

 

Accident Ambulance Expense, Not to exceed

$150

$150

 

Accident Aggregate, not to exceed $130,000 per accident.

Washington State Information:

Department of Insurance Customer Hotline:

In WA 1-800-562-6900

Outside WA 1-360-725-7080.

 

 

FOR RENTALS ORIGINATING IN WISCONSIN:

YOU AGREE THAT YOU HAVE RECEIVED AND REVIEWED THE FOLLOWING NOTICE AND DISCLOSURE:

WHAT IF YOU DAMAGE A RENTAL CAR?

 

We Must Provide You With

An Important Notice About Your

Liability For Damage To A Rental Car

 

A rental company that offers or sells a damage waiver shall provide to each renter a written notice that is part of the rental agreement or on a separate form. The notice must look like this:

 

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR

 

The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver.

 

LIABILITY FOR DAMAGE TO THE RENTAL CAR

 

The rental agreement makes you and any authorized driver liable for any damage to the rental car caused by an accident or intentional, reckless or wanton misconduct. Total liability for any damage is limited to:

 

1) reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less, and

 

2) Actual and reasonable costs incurred by the rental company for towing the private passenger vehicle and for storage of the private passenger vehicle during the period before the renter notifies the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.

 

INSURANCE OR CREDIT CARD COVERAGE

 

Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.

 

DAMAGE WAIVER COVERAGE

 

 A damage waiver is not insurance coverage. If you purchase a damage waiver for up to $29.99 per day, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:

 

344.576(2)(a) (a) The damage is caused by the renter or authorized driver intentionally or by his or her reckless or wanton misconduct.

344.576(2)(b) (b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or (2m).

344.576(2)(c) (c) The damage occurs while the renter or authorized driver operates the private passenger vehicle in another state while under the influence of an intoxicant or other drug, as described in the laws of that state.

344.576(2)(d) (d) The damage occurs while the renter or authorized driver is engaged in a race or speed or endurance contest.

344.576(2)(e) (e) The damage occurs while the renter or authorized driver is using, or has directed another to use, the private passenger vehicle in the commission of a misdemeanor or felony, as those terms are defined in s. 939.60.

344.576(2)(f) (f) The damage occurs while the renter or authorized driver uses the private passenger vehicle to carry persons or property for hire.

344.576(2)(g) (g) The damage occurs while the renter or authorized driver uses the private passenger vehicle outside of the United States or Canada, unless use outside the United States or Canada is permitted under the rental agreement.

344.576(2)(h) (h) The damage occurs while the private passenger vehicle is operated on a surface not intended for use by private passenger vehicles.

344.576(2)(i) (i) The renter provided misleading or false information to the rental company, causing the rental company to rent the private passenger vehicle when the rental company would not have otherwise done so, or on terms to which it would not have otherwise agreed.

344.576(2)(j) (j) The renter or the authorized driver who was operating the private passenger vehicle when an accident occurred fails to promptly report to the police and rental company the accident resulting in damage to the private passenger vehicle.

344.576(2)(k) (k) The damage occurs while the private passenger vehicle is operated by someone other than an authorized driver as defined in s. 344.57 (2). This paragraph does not apply if the vehicle has been lost or a theft has occurred and the renter is presumed to have not caused the theft or loss intentionally under s. 344.574 (1) (a) 3.

 

 

NOTICE OF RIGHT TO INSPECT DAMAGE

 

If the car is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified of your and your insurers' right to inspect the unrepaired car within two working days after we were notified of the damage. If requested within 2 working days of giving to the renter or authorized driver the notice, the rental company shall obtain a 2nd estimate from a competing repair shop and make a copy available to the requester.

 

COMPLAINTS

 

If you have any complaints about our attempt to hold you liable for damages or would like a copy of the state law that fully sets forth your rights and obligations, contact:

 

Wisconsin Department of Agriculture, Trade and Consumer Protection 

PO Box 8911, Madison, WI 53708-8911

608-224-4953 or toll-free 1-800-422-7128

 

WHAT IF YOU FAIL TO PAY A PARKING TICKET?

 

We Will Charge Your Credit Card For Unpaid Parking Tickets You May Incur While The Vehicle Is In Your Possession.

 

NOTICE ABOUT CHARGES AGAINST YOUR CREDIT CARD FOR UNPAID

PARKING TICKETS

 

IF YOU FAIL TO PAY any forfeitures, costs, or towing and storage charges for nonmoving traffic violations incurred while you are in possession of the rental or leased vehicle, the rental company may pay those sums and CHARGE TO YOUR CREDIT CARD the amount paid for the forfeitures, costs, or charges plus an administrative fee of not more than $30.

FOR RENTALS ORIGINATING IN CANADA:

Motor Vehicle Liability Insurance. Except to the extent required by the motor vehicle financial responsibility laws of the applicable province or otherwise by law, Owner does not provide insurance coverage or motor vehicle financial responsibility to Renter, AAD(s), passengers or third parties through this Rental Agreement. If valid automobile liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable motor vehicle

financial responsibility law, such insurance is primary and Owner extends none of its insurance or motor vehicle financial responsibility.

 

However, if Renter and AAD(s) are in compliance with the terms and conditions of this Rental Agreement and if Owner is obligated to extend its insurance or motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner's obligation is limited to the applicable provincial minimum financial responsibility amounts. To the extent required by law, Owner's insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. Owner does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties. Owner's financial responsibility does not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.

 

Vehicle License Fee Recovery (VLF REC) also includes air conditioning tax, tire tax, vehicle levy and battery levy, where applicable.

 

RRF Surcharge: The Regional Recovery Fee, which is Owner's estimated average daily cost per vehicle to purchase, store, install, remove, manage and transport tires specifically designed for winter driving pursuant to the Highway Safety Code. The cost is not calculated based on the cost of tires related to a specific vehicle.

 

 

Indemnification by Renter and Driver.

 

a. Renter and driver 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 from this rental transaction, or from the use of Vehicle by any person.

 

b. With respect to the protection provided by optional LDW, if purchased, Owner waives indemnification in accordance with Section 16. SEE SECTION 16 FOR MORE INFORMATION ON OPTIONAL LDW.

 

c. In the event legal liability is imposed upon Owner, Renter and/or driver due to an accident or occurrence, motor vehicle liability insurance available to the Renter and/or driver are primary coverage and must respond to the liability of the Owner, Renter, and driver.

 

d. In the event that legal liability is imposed on Owner due to an accident or occurrence, Renter and driver (if different from Renter) shall indemnify and hold harmless Owner for the amount of any such liability.

 

Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection. Except as required by law, or as provided by the insurance or motor vehicle financial responsibility described in this Agreement, Owner does not provide personal

injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through this Rental Agreement. Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law.

 

Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs.

 

Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 3 multiplied by the daily rate (including any Car Class Change); (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate. Renter also agrees to pay: (a) an administrative fee of $75.00 when the repair estimate is less than $5,000.00 or $150 when the repair estimate is $5,000.00 or greater; (b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99.

 

 

Other Optional Protection Products

 

Peace of Mind (POM)

Peace of Mind is a combination of Loss Damage Waiver (LDW) and Personal Accident Insurance (PAI/PEC).  Please refer to paragraph 16, Optional Loss Damage Waiver (LDW) and the Optional Personal Accident and Personal Effects Insurance (PAI/PEC) section specific to rentals in Canada as provided in Paragraph 23.

 

PERSONAL ACCIDENT INSURANCE (PAI) AND PERSONAL EFFECTS COVERAGE (PEC). PURCHASE OF PERSONAL ACCIDENT INSURANCE AND PERSONAL EFFECTS COVERAGE (PAI/PEC) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE. PAI/PEC is available for an additional charge. A copy of the PAI/PEC policy of insurance is provided as part of this Rental Agreement. Please refer to this policy for a full description of the benefits, limitations and exceptions of PAI/PEC. PAI/PEC may provide a duplication of coverage already furnished by a personal accident insurance policy, personal effects insurance policy, comprehensive homeowner's or tenant's policy or some other source. Benefits available under PAI/PEC, however, will be paid in addition to those received from any other source. Owner's employees, agents or endorsees are not qualified to evaluate the adequacy of Renter's existing coverage.

 

To file PAI /PEC claims, obtain a claim form from:

ACE INA Insurance

National Car Rental Insurance Program

1400-25 York Street

Toronto, Ontario M5J 2V5

1-877-772-7797 (English) / 1-877-337-9494 (French)

Fax: 416-368-0641 or email: Canada.ahclaims@acegroup.com
Personal Accident Insurance/Personal Effects Coverage Issued by ACE INA Insurance

 

The Personal Accident Insurance/Personal Effects Coverage provides coverage for customers of Enterprise Rent-A-Car, Alamo Rent A Car, and National Car Rental who have rented a motor vehicle.

 

This Policy contains information about your insurance. Please read it carefully and keep it in a safe place. Refer to the definitions section below for the meanings of defined terms which commence with a capital letter.

 

The coverage outlined in this Policy is provided by ACE INA Insurance (hereinafter referred to as the "Insurer").

The Insurer agrees to provide the benefits described in this Policy to an Insured experiencing Accidental Bodily Injury during the Coverage Period. An Insured under this Policy is also automatically covered for loss of baggage and personal effects in the Rental Vehicle arising from theft or involuntary property damage during the Coverage Period. Coverage begins automatically at the time a person falls within the definition of an Insured during the period of the Rental Agreement. Coverage ends automatically at the time a person no longer falls within the definition of an Insured or at the end of the period of the Rental Agreement, whichever occurs first. 

 

The terms, conditions and provisions of the insurance are described in this Policy. You or a person making a claim may request a copy of the Policy and/or a copy of your application for this insurance (if applicable) by writing to the Insurer at the address shown below.

 

Claims payment and administrative services under the Policy are provided by the Insurer, ACE INA Insurance – Canadian Head Office is located at 1400 – 25 York Street, Toronto, Ontario, M5J 2V5.

 

Definitions

 

"Accident" means a sudden, unexpected and unforeseeable cause of injury from an external source that occurs during the period of the Rental Agreement and the Coverage Period.

"Accidental Bodily Injury" means bodily injury which is accidental, sudden, and is not mental or emotional injury or distress, and is independent of sickness, disease or bodily infirmity, and occurs during the period of the Rental Agreement and the Coverage Period.

"Accidental Property Damage" means damage to or theft of tangible property that occurs during the period of the Rental Agreement and the Coverage Period.

"Amount of Benefit" means the amount stated in the Schedule of Benefits.

"Coverage Period" means the period the Renter has elected to purchase and has paid for coverage under the Policy that falls within or is equal to the period of the Rental Agreement.

"Enterprise" means Enterprise Rent-A-Car Canada Company and its subsidiaries doing business under the Alamo Rent A Car, Enterprise Rent-A-Car and National Car Rental brands.

"Hemiplegia" means total paralysis of the upper and lower limbs on one side of the body.

"Home Health Care Service" means any of the following services: nursing care, physical therapy prescribed by a Physician, occupational therapy, medical social work, nutrition services, speech therapy, home health and services, and medical appliances and equipment, drugs and medication, laboratory services and special meals, to the extent such services would have been covered if the Insured had been treated as an inpatient in hospital.

"Insured" means a Renter or Rental Passenger, and may also be referred to as "You".

"Insurer" means ACE INA Insurance.

"Location of Permanent Residence" means the city where the Insured has established fixed and permanent residence.

"Loss/Losses" means:

i. with respect to life, Accidental Bodily Injury causing death;

ii. with respect to sight, speech or hearing, Accidental Bodily Injury causing entire and irrecoverable loss of sight, speech or hearing;

iii. with respect to a hand or foot, means Accidental Bodily Injury causing dismemberment by complete and permanent severance at or above the wrist or ankle joint;

iv. with respect to thumb and index finger, means Accidental Bodily Injury causing complete and permanent severance of the thumb and index finger on the same hand; and

v. with respect to arm or leg means Accidental Bodily Injury causing dismemberment by complete and permanent severance at or above the elbow or knee joint.

"Loss of use" means the total and irrecoverable loss of function of an arm, hand, foot or leg, provided such loss of function is continuous for twelve consecutive months and such loss of function is thereafter determined on evidence satisfactory to the Insurer to be permanent.

"Medical Facility" means a clinic, hospital or similar institution operating primarily for the reception, care and treatment of sick, ailing or injured persons as inpatients, providing 24-hour nursing service, having a staff of one or more Physicians available at all times, and providing organized facilities for diagnosis and surgical procedures.

"Occupying" means in, upon, entering into or alighting from.

"Paraplegia" means total paralysis of both lower limbs.

"Physician" means only a qualified medical or osteopathic physician or surgeon legally licensed to practice medicine.

"Policy of Insurance" or "Policy" means this contract of insurance.

 "Quadriplegia" means total paralysis of both the upper and lower limbs.

"Rehabilitation/Retraining" means: the expense of treatment by a therapist licensed, registered or certified to provide such treatment; or the expense of treatment by a special education teacher; or the expense of institutional confinement for such treatment, intended to rehabilitate or retrain the Insured for work in any gainful occupation including the Insured's regular occupation.

"Rental Agreement" means the written rental contract by which the Renter rents the Rental Vehicle from Enterprise for a period of not more than four months.

"Rental Passenger" means any person who is not a Renter who is traveling in the Rental Vehicle with the Renter.

"Rental Vehicle" means a motor vehicle designed for travel on public roads rented from Enterprise and described in a Rental Agreement.

"Renter" means the person who rents a Rental Vehicle from Enterprise and whose name is listed first on the Rental Agreement.

"Transfer" means the least expensive means of scheduled common carrier available which is necessary to meet the medical emergency.

 

ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE

 

If a Renter sustains an Accidental Bodily Injury during the Coverage Period, the applicable benefit specified for the resulting Loss below will be paid. If a Rental Passenger sustains an Accidental Bodily Injury while Occupying a Rental Vehicle during the Coverage Period, the applicable benefit specified for the resulting Loss below will be paid.

 

SCHEDULE OF BENEFITS

COVERAGE

Amount of Benefits

Amount of Benefit

 

Renter

Rental Passenger

A.  Accidental Death Benefit

 

 

        Loss of life

$150,000

$15,000

B.    Accidental Bodily Injury                           

 

 

        Loss of both hands, both feet or both eyes

$150,000

$15,000

        Loss of one hand and one foot

$150,000

$15,000

        Loss of one hand and one eye or one foot and one  

       Eye

$150,000

$15,000

        Loss of speech or hearing

$150,000

$15,000

       Loss of one arm or one leg

$112,500

$11,250

        Loss of one hand, one foot or entire sight of one eye

$100,000

$10,000

        Loss of thumb and index finger of one hand       

$  37,500

$  3,750

        Loss of use of both hands or both arms

$150,000

$15,000

        Loss of use of one arm or one leg

$112,500

$11,250

        Quadriplegia

$150,000

$15,000

        Paraplegia

$150,000

$15,000

        Hemiplegia

$150,000

$15,000

C.  Rehabilitation/Retraining

$10,000

$10,000

D.  Medical repatriation or return of mortal remains

  $10,000                   

  $10,000

E.  Medical expense         

 

 

        Aggregate limit

$5,000

$5,000

        Orthopedic appliances and braces

$500

$500

        Heat treatments, adjustments, manipulations, massage

        or any form of physical therapy while not

        hospital confined

                                                               $500

                                                           $500

        Repair or replacement of eyeglasses

$100

$100

F.  Dental expense

 

 

        Aggregate limit

$1,000

$1,000

        Per tooth limit

$200

$200

Aggregate Limit of Liability per Accident:   $200,000

 

Insurer shall not be liable for any amount in excess of the above stated aggregate limit of liability. If more than one of the described Losses is sustained by an Insured in any one Accident, then the total benefit payable for that Accident is limited to the greatest amount payable for any one of the Losses sustained up to the maximum amount of the aggregate limit of liability set out above.

 

If by reason of an Accident covered by this Policy, an Insured is unavoidably exposed to the elements and as a result of such exposure suffers a loss for which indemnity is otherwise payable hereunder, such loss will be covered hereunder.

 

Description of Coverage

A. Accidental Death - If Accidental Bodily Injury causes the death of an Insured within one year of the Accident, or an Insured is not found within one year after the date of the disappearance, sinking, or wrecking of the Rental Vehicle in which the insured Renter or insured Rental Passenger, as applicable, was traveling, the Insurer will pay the Amount of Benefit shown for that Insured in the Schedule of Benefits.

B. Accidental Bodily Injury - If Accidental Bodily Injury within one year of the Accident causes any bodily injury described in the Schedule of Benefits to an Insured, the Insurer will pay the Amount of Benefit shown for that Insured.

C. Rehabilitation/Retraining - If Accidental Bodily Injury within one year of the Accident causes accidental Loss or Loss of Use of a hand or foot; more than one hand or foot; sight; hearing; speech; or thumb and index finger, the Insurer will pay the reasonable cost of such Rehabilitation/Retraining up to a maximum of the Amount of Benefit shown for that Insured in the Schedule of Benefits.

D. Medical Repatriation or Return of Mortal Remains

Medical Repatriation - If within one year from the date of Accident it is the opinion of the attending Physician that due to Accidental Bodily Injury it is medically advisable to Transfer the Insured to a Medical Facility nearest to the Insured's Location of Permanent Residence, the Insurer will reimburse the Insured the reasonable cost incurred for such Transfer up to a maximum of the Amount of Benefit shown for the Insured in the Schedule of Benefits.

Return of Mortal Remains - If an Insured dies, the Insurer shall pay for the reasonable cost incurred for transporting the mortal remains to the Insured's Location of Permanent Residence up to a maximum of the Amount of Benefit shown for that Insured in the Schedule of Benefits.

E. Medical Expense - If on account of Accidental Bodily Injury the Insured requires: treatment by a Physician; treatment by licensed graduate nurse (R.N.) License Practicing Nurse (LPN) or Nurse Practitioner (NP); confinement at a Medical Facility; treatment performed by a Home Health Service, if continued hospitalization would otherwise have been required; x-ray, MRI, CAT scan or similar test procedures prescribed by a Physician; transportation by a professional ambulance service; drugs or medicines prescribed by a Physician; or repair or replacement of eye glasses, then within thirty (30) days from the Accident, the Insurer will pay the reasonable and customary cost of such services actually rendered within one year from the date of Accident up to a maximum of the Amount of Benefit shown for that Insured in the Schedule of Benefits.  The coverage for Medical Expense is in excess of any federal or provincial health plan coverage. In addition, the coverage for Medical Expense is in excess of a provincial automobile policy in force for the Renter or Rental Passenger; the Insurer will not pay any loss of claim until the amount of such other insurance is exhausted.

F. Dental Expense - If on account of Accidental Bodily Injury the Insured requires: treatment, repair or replacement of teeth by a qualified dentist or dental surgeon; or oral x-rays prescribed a dentist of dental surgeon to well or sound teeth, bridges or dentures, then within thirty (30) days from the Accident, the Insurer will pay the reasonable and customary cost of such services actually rendered within one year from the date of Accident up to a maximum of the Amount of Benefit shown for the Insured in the Schedule of Benefits.  The coverage for Dental Expense is in excess of any federal or provincial health plan coverage. In addition, the coverage for Dental Expense is in excess of a provincial automobile policy in force for the Renter or Rental Passenger; the Insurer will not pay any loss of claim until the amount of such other insurance is exhausted.

 

ACCIDENTAL PROPERTY DAMAGE INSURANCE

 

There is coverage for damage to or theft of personal property owned by and for the personal or business use of the Insured and for business property owned by the Insured's employer while in the care, custody and control of the Insured, during transit, or while in any hotel or building (other than the Insured's personal residence), or while locked in the Rental Vehicle, during the Coverage Period. 

 

Insurer will pay no more than the least of the following amounts for Accidental Property Damage:

a.      replacement cost of the property at the time of loss without deduction for depreciation; or

b.     the full cost to repair the property at the time of loss; or

c.      $600 per Insured; or

d.     $2,400 per Rental Agreement.

 

GENERAL LIMITATIONS AND EXCLUSIONS

 

This Policy does not provide coverage for loss of animals, automobiles, automobile equipment, motorcycles, watercraft, their trailers, furnishings, equipment, accessories, motors or other conveyances or their appurtenances, household or office furniture, business equity, contact lenses, artificial teeth or limbs, currency, coins, deeds, bullion, stamps, securities, negotiable instruments, debit or credit cards, fund transfer cards, tickets, documents or perishables, or any portable device such as mobile phones, tablets (including, without limitation, iPads or other such instruments of similar use), computers, laptops, smartphones (including without limitation, iPhone, Blackberry or such instruments of similar use), or GPS devices.

 

This Policy does not cover loss caused by or resulting from any one or more of the following:

1.     intentionally self-inflicted injuries, suicide or any attempt thereat, while sane or insane;

2.     any theft of or damage to the Insured's property that is expected or intended by the Insured;

3.     an intentional or criminal act or failure to act by an Insured, or any other person at the direction of an Insured;

4.     loss or damage due to unexplained or mysterious disappearance, or loss or damage due to theft, unless reported to the police or other competent authority;

5.     use of intoxicants or narcotics by an Insured, unless administered on the advice of a Physician;

6.     use of a Rental Vehicle when such use is in violation of the conditions of the Rental Agreement;

7.     operation of the Rental Vehicle by any driver who is not authorized by the Rental Agreement;

8.     theft of or damage to any personal property not owned by the Insured or the Insured's employer while in the care, custody and control of the Insured;

9.    wear and tear, gradual deterioration, moths, vermin, inherent vice or defect or damage sustained due to any process or while actually being worked upon and resulting therefrom;

10.   delay, loss of market, indirect or consequential loss of any kind;

11.   any Insured's liability for damage to the Rental Vehicle;

12.   war, invasion, terrorism, act of a foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military power; and

13.   any nuclear incident or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas, or contamination by radioactive material.

 

GENERAL PROVISIONS

 

Unless otherwise expressly provided herein or in the Policy, the following general provisions apply to the benefits described in this Policy.

 

Notice and Proof of Claim - Immediately after learning of a loss, or an occurrence which may lead to a loss under any of these insurance benefits, notify the Insurer. The notice must include: Insured's name; Renter's name and the location of the office where the Rental Vehicle was rented; the time, place and circumstances of the Accident; and the names and addresses of witnesses and potential claimants. You will then be sent a claim form. Written notice of claim (on a claim form or other written notification) must be given to the Insurer within thirty (30) days after the occurrence or commencement of any loss covered by the Policy or as soon thereafter as is reasonably possible, but in all events must be provided no later than ninety (90) days from the date of loss. Written notice given by or on behalf of the claimant or the beneficiary to the Insurer with information sufficient to identify You, shall be deemed notice of claim. The appropriate claim forms, including a copy of the Rental Agreement, together with written proof of loss, must be delivered as soon as reasonably possible, but in all events within one (1) year from the date that the loss occurred. Notice to Enterprise is not notice to the Insurer.

 

Examination and Autopsy - The Insurer at its own expense shall have the right and opportunity to examine the person of any Insured whose injury is the basis of a claim hereunder when and so often as may be reasonably required during pendency of a claim hereunder, and also the right and opportunity to make an autopsy in case of death, where it is not forbidden by law.

 

Payment of Claims - Benefits payable under the Policy will be paid upon receipt of full written proof of loss, as determined by the Insurer. Benefits for loss of life shall be paid to the surviving person or persons in the first of the following classes of successive preference beneficiaries which survives the Insured: spouse; or children, including legally adopted children; or parents; or brothers and sisters; or executor or administrator; or the Estate of the Insured. If two or more persons become entitled to benefits as preference beneficiaries, they will share equally. All other benefits will be payable to the Insured. This Policy contains a provision removing or restricting the right of the Insured to designate persons to whom or for whose benefit insurance money is to be payable.

 

Termination of Insurance - Coverage for Insured ends at the end of the Coverage Period or the period of the Rental Agreement, whichever first occurs.

 

Subrogation - Following payment of an Insured's claim for loss or damage, the Insurer shall be subrogated to the extent of the amount of such payment, to all of the rights and remedies of the Insured against any party in respect of such loss or damage, and shall be entitled at its own expense to sue in the name of the Insured. The Insured shall give the Insurer all such assistance as is reasonably required to secure its rights and remedies, including the execution of all documents necessary to enable the Insurer to bring suit in the name of the Insured.

 

Due Diligence - The Insured shall use diligence and do all things reasonable to avoid or diminish any loss of or damage to property protected by the Policy.

 

Co-operation - Insured's are required to: help the Insurer obtain witnesses, information and evidence about the Accident and co-operate with the Insurer in any legal actions if the Insurer ask Insured; immediately send the Insurer everything received in writing concerning the claim including legal documents; provide the Insurer with records and documents they request and allow them to make copies; and provide statements, submit to questions under oath, and sign and swear to them.

 

Legal Action - Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Insurance Act, Limitations Act, Limitations Act 2002, Civil Code, or other applicable legislation.

 

False Claim - If You make a claim knowing it to be false or fraudulent in any respect, You shall no longer be entitled to this insurance, nor to the payment of any claim under the Policy.

 

Coverage Territory - This Policy insures losses that occur during the Coverage Period within Canada or the United States, but only if the loss arises out of a Rental Vehicle which is rented in Canada. The coverage territory does not include Mexico.

 

No Benefit to Bailee - It is warranted by Insured that this insurance shall in no way be directly or indirectly to the benefit of any carrier or bailee.

 

Notice to Authorities - Where the loss is due or appears to be due to theft, burglary, robbery, malicious mischief or disappearance of insured property, Insured must give immediate notice thereof to the police or other authorities having jurisdiction.

 

Waiver - The Insurer shall not be deemed to have waived any term or condition of this Policy in whole or in part, unless our waiver is clearly stated and in writing, and is signed by a person authorized to do so.  In addition, neither the Insurer nor Insured may be lawfully considered to have waived any term or condition of this Policy by any act relating to the appraisal of the amount of a claim, the delivery or completion of proof, or the investigation of or adjustment of any claim under the Policy.

 

Assignment - Benefits payable under this Policy shall not be assigned.

 

Non participating The Insured is not entitled to share in the profits or surplus of the Insurer.

 

Currency - All monies payable under this contract shall be paid in lawful Canadian currency.

 

Law and Severability - Any provision required by law to be stated in this Policy shall be deemed to have been stated herein. If any provision of the Policy contravenes any law, it is agreed that the remainder of the provisions of the Policy continue in full force. The invalidity or unenforceability of any provision of the Policy shall not affect the validity or enforceability of any other provision therein and the Policy shall be construed as if such invalid or unenforceable provision were severed or omitted to the extent of such invalidity or unenforceability.

 

Governing Law - The relationship between the Insurer and the Insured shall be subject to the laws of the Insured's Canadian Location of Permanent Residence at the time they purchase the insurance under this Policy.

 

Confidentiality - In conjunction with the administration of this insurance, the Insurer will establish a personal accident insurance or personal effects coverage claim file when they are notified of a claim. To ensure the confidentiality of Your personal information, the Insurer will keep Your file(s) at their offices and only the following persons will have access to Your file: the Insurer's employees; representatives who are responsible for underwriting, administration, investigation and claims; as well as any other person You authorize.

If You wish to have access to Your file and, if applicable, have it corrected, You can send a written request by mail to the following address:

Privacy Officer

ACE INA Insurance

25 York Street, Suite 1400

Toronto, Ontario M5J 2V5

The Insurer will reply within 30 days of receipt of such requests.

 

Complaint Procedures - If You have a complaint or inquiry about any aspect of this insurance coverage, please call 1-877-772-7797 between 8:30 am to 4:30 pm (Eastern Standard Time) Monday to Friday.


Distribution Guide

Name of insurance product:  Personal Accident Insurance/Personal Effects Coverage

Type of insurance product:     Individual Vehicle Rental Insurance

(where the period of rental is less than 4 months)

Name and address of the Insurer

ACE INA Insurance
1400-25 York Street
Toronto, Ontario M5J 2V5

Phone: 1-800-387-7199

Fax: 416 594 2842

Name and address of the distributor

Enterprise Rent-A-Car® Canada Company
181 Bay Street, Suite 2100

Toronto, Ontario

1-800-264-6350

 

The Autorité des marchés financiers does not express an opinion on the quality of the product offered in this guide. The insurer alone is responsible for any discrepancies between the wording of the guide and the policy.


 

INTRODUCTION

The purpose of this distribution guide is to describe the vehicle rental insurance offered by Enterprise Rent-A-Car, Alamo Rent A Car, and National Car Rental to its customers in a way that is easy for You to understand. In addition, it is intended to allow You to determine whether the insurance product offered meets your needs, without having an insurance agent present.

 

We encourage You to read this guide closely, especially page 9, which explains exclusions, restrictions and reductions in coverage. The claim procedure is also explained on page 11.

 

Please refer to the Policy for the details about Your coverage and the corresponding amounts of coverage.

 

DEFINITIONS

In this distribution guide, the words in italics are defined as follows:

 

ACCIDENT means a sudden, unexpected and unforeseeable cause of injury from an external source that occurs during the period of the Rental Agreement and the Coverage Period.

ACCIDENTAL DEATH means death as a result of an Accidental Bodily Injury.

ACCIDENTAL BODILY INJURY means bodily injury which is accidental, sudden, and is not mental or emotional injury or distress, and is independent of sickness, disease or bodily infirmity, and occurs during the period of the Rental Agreement and the Coverage Period. Accidental Bodily Injury includes Accidental Death and Dismemberment.

COVERAGE PERIOD means the period the Renter has elected to purchase and has paid for coverage under the Policy that falls within or is equal to the period of the Rental Agreement.

DISMEMBERMENT means that You suffered a loss, as set out below, directly due to an Accidental Bodily Injury. The loss is beyond remedy by surgical or other means as certified by a Physician.

  • Loss of both hands, both feet or both eyes
  • Loss of one hand and one foot
  • Loss of one hand and one eye or one foot and one eye
  • Loss of speech or hearing
  • Loss of one arm or one leg
  • Loss of one hand, one foot or entire sight of one eye

·         Loss of thumb and index finger of one hand 

  • Loss of use of both hands or both arms
  • Loss of use of one arm or one leg
  • Loss of use of either both legs or all limbs due to paraplegia or quadriplegia
  • Loss of use of an arm and leg on one side of the body due to hemiplegia

 

ENTERPRISE means Enterprise Rent-A-Car Canada Company and its subsidiaries doing business under the Alamo Rent A Car, Enterprise Rent-A-Car and National Car Rental brands.

HEMIPLEGIA means total paralysis of the upper and lower limbs on one side of the body.

HOME HEALTH CARE SERVICE means any of the following services: nursing care, physical therapy prescribed by a Physician, occupational therapy, medical social work, nutrition services, speech therapy, home health and services, and medical appliances and equipment, drugs and medication, laboratory services and special meals, to the extent such services would have been covered if the Insured had been treated as an inpatient in hospital.

LOCATION OF PERMANENT RESIDENCE means the city where the Insured has established fixed and permanent residence.

MEDICAL FACILITY means a clinic, hospital or similar institution operating primarily for the reception, care and treatment of sick, ailing or injured persons as inpatients, providing 24-hour nursing service, having a staff of one or more Physicians available at all times, and providing organized facilities for diagnosis and surgical procedures.

OCCUPYING  means in, upon, entering into or alighting from.

PARAPLEGIA means total paralysis of both lower limbs.

PHYSICIAN means only a qualified medical or osteopathic physician or surgeon legally licensed to practice medicine.

POLICY means the policy issued to You which describes the terms, conditions and provisions of this insurance.

QUADRIPLEGIA means total paralysis of both the upper and lower limbs.

RENTAL AGREEMENT means the written rental contract by which the Renter rents the Rental Vehicle from Enterprise for a period of not more than four months.

RENTAL PASSENGER means any person who is not a Renter who is traveling in the Rental Vehicle with the Renter.

RENTAL VEHICLE means a motor vehicle designed for travel on public roads rented from Enterprise and described in a Rental Agreement.

RENTER means the person who rents a Rental Vehicle from Enterprise and whose name is listed first on the Rental Agreement.

TRANSFER means the least expensive means of scheduled common carrier available which is necessary to meet the medical emergency.

YOU or INSURED means a Renter or Rental Passenger.

WE, OUR or INSURER means ACE INA Insurance.

 

DESCRIPTION OF THE PRODUCT OFFERED

Nature of the coverage

This insurance product provides insurance coverage in the event You sustain an Accidental Bodily Injury during the Coverage Period. The Renter is covered 24 hours/day during the Coverage Period. The Rental Passenger is covered while occupying the Rental Vehicle during the Coverage Period.

You are also automatically provided with insurance coverage for loss of Your baggage and personal effects arising from theft or involuntary property damage during the Coverage Period.

 

Summary of specific features

Accidental Death

This insurance provides coverage when an Accidental Bodily Injury results in Accidental Death within 365 days from the date of the Accident that occurs during the Coverage Period.

What are the benefits?

The Insurer will pay:

·    $150,000 for loss of life of the insured Renter; and

·    $15,000 for loss of life of each insured Rental Passenger;

to a maximum of $200,000 for all losses (including Dismemberment when applicable) arising out of any one Accident.

Dismemberment

This insurance provides coverage when an Accidental Bodily Injury results in a Dismemberment within 90 days from the date of Accident that occurs during the Coverage Period.

What are the benefits?

The Insurer will pay the benefit set out in the below table:

 

Amount of Benefits

Renter

Amount of Benefits

Rental Passenger

loss of both hands, both feet or both eyes

$150,000

$15,000

loss of one hand and one foot

$150,000

$15,000

loss of one hand and one eye or one foot and one eye

$150,000

$15,000

loss of speech or hearing

$150,000

$15,000

loss of one arm or one leg

$112,500

$11,250

loss of one hand, one foot or entire sight of one eye

$100,000

$10,000

loss of thumb and index finger of one hand  

$  37,500

$  3,750

loss of use of both hands or both arms

$150,000

$15,000

loss of use of one arm or one leg

$112,500

$11,250

Quadriplegia

$150,000

$15,000

Paraplegia

$150,000

$15,000

Hemiplegia

$150,000

$15,000

 

If more than one of the above losses result from the Accident, only one amount, the largest, will be paid.

Other benefits and expenses

Medical expenses

This insurance provides coverage for any reasonable, medically related expense resulting from an Accidental Bodily Injury, within 30 days from the date of the Accident. The medical expense must be:

·          incurred by You within 365 days from the Accident; and

·          not covered by any other insurance.

What are the benefits?

The Insurer will reimburse You for the following medical expenses:

·          services of a licensed graduate nurse (R.N.);

·          confinement at a Medical Facility;

·          treatment performed by a Home Health Care Service professional;

·          diagnostic testing ordered by a Physician;

·          transportation by a professional ambulance service;

·          hospital service;

·          rental of a wheelchair;

·          treatment by a licensed physiotherapist (up to $500.00);

·          treatment by a licensed Physician or surgeon;

·          drugs and medicines purchased by a prescription;

·          repairs or replacement of eye glasses (up to $100.00); and

·          orthopaedic appliances and braces (up to $500.00);

to a maximum of $5,000 for all medical expenses arising out of any one Accident.

Dental expenses

This insurance provides coverage for damage to teeth, bridges or dentures resulting from an Accidental Bodily Injury, within 30 days from the date of the Accident. The dental expense must be:

·          incurred by You within 365 days from the Accident; and

·          not covered by any other insurance.

What are the benefits?

The Insurer will reimburse You for the following dental expenses:

·          treatment;

·          x-rays; and

·          repairs or replacement of teeth, bridges or dentures;

by a qualified dentist or dental surgeon.

The maximum amount payable is up to $200.00 per tooth to a maximum amount of $1,000.00 for all dental expenses arising out of any one Accident.

Rehabilitation/retraining

This insurance provides coverage for rehabilitation and retraining expenses resulting from Dismemberment caused by an Accidental Bodily Injury, within 30 days from the date of the Accident.

What are the benefits?

The insurer will pay You the reasonable cost of rehabilitation and retraining including:

·          the expense of treatment by a licensed or registered therapist licensed;

·          the expense of treatment by a special education teacher; or

·          the expense of institutional confinement for such treatment, intended to rehabilitate or retrain the Insured for work in any gainful occupation including the Insured's regular occupation.

The maximum amount payable is $10,000 for all such expenses arising out of any one Accident.

Medical repatriation/return  of mortal remains

Medical Repatriation

This insurance provides coverage to Transfer You to a Medical Facility nearest to Your Location of Permanent Residence within 365 days from the date of the Accident that resulted in Your Accidental Bodily Injury.

What are the benefits?

The Insurer will reimburse You the reasonable cost incurred for this Transfer up to a maximum of $10,000 arising out of any one Accident.

Return of Mortal Remains

This insurance provides coverage to transport Your mortal remains to Your Location of Permanent Residence in the event of Your death as a result of the Accident.

What are the benefits?

The Insurer will pay the reasonable cost incurred for transporting the mortal remains up to a maximum of $10,000 arising out of any one Accident.

Baggage and personal effects insurance coverage

·          This insurance covers the physical loss, theft, or damage to the baggage and personal effects owned by You or Your employer (if under Your care and control), during transit, or while in any hotel or building (other than your personal residence), or while locked in the Rental Vehicle, during the Coverage Period.

What are the benefits?

This insurance will reimburse You for the loss or theft or damage to Your baggage and personal effect for up to $600 per Insured and up to a maximum of $2,400 for all Insureds during the Coverage Period.

Theft, burglary, robbery, mysterious disappearance, loss or damage

You must immediately notify the police and obtain corroborating documentary evidence that proves the theft, loss, damage or disappearance of Your personal property.

 

Exclusions, Restrictions or Reductions in Coverage

CAUTION

 

A)    For an Accidental Death benefit:

 

We will not pay an Accidental Death benefit if :

 

·                     Your death results from intentionally self-inflicted injuries or suicide, while sane or insane;

·                     Your death results from the use of intoxicants or narcotics unless administered on the advice of a Physician;

·                     You were in violation of the Rental Agreement; or

·                     Your death is the result of a criminal offense committed by You.

 

B)     For a Dismemberment benefit:

 

We will not pay a Dismemberment benefit if the loss is directly or indirectly due to:

 

·                                                                      intentionally self-inflicted injuries;

·                                                                      attempted suicide while sane or insane;

·                                                                      Your use of intoxicants or narcotics unless administered on the advice of a Physician;

·                                                                      Your violation of the conditions of the Rental Agreement;

·                                                                      operation of the Rental Vehicle by any driver who is not authorized by the Rental Agreement; or

·                                                                      a criminal act committed by You.

 

C)    For other benefits and expenses:

 

We will not pay any benefit resulting from an Accidental Bodily Injury, including medical expenses, dental expenses, rehabilitation/retraining, medical repatriation/ return of mortal remains, if the loss is directly or indirectly due to:

 

·                                                                      intentionally self-inflicted injuries;

·                                                                      attempted suicide while sane or insane;

·                                                                      Your use of intoxicants or narcotics unless administered on the advice of a Physician;

·                                                                      Your violation of the conditions of the Rental Agreement;

·                                                                      operation of the Rental Vehicle by any driver who is not authorized by the Rental Agreement; or

·                                                                      a criminal act committed by You.

 

D)    For loss of baggage or personal effects:

 

1.    We are not liable beyond the actual replacement cost of the property at the time of loss.

 

2.    This insurance does not cover:

·          animals;

·          automobiles, motorcycles, watercraft, and their trailers;

·          household effects and furnishings;

·          artificial teeth and limbs;

·          hearing aids;

·          contact lenses;

·          money;

·          tickets;

·          securities;

·          documents;

·          perishables; and

·          portable electronic devices such as computers, mobile phones, tablets, smartphones, GPS devices, or other such instruments of similar use.

 

3.            This insurance does not cover any claim arising from loss caused by:

 

·          any theft of or damage to Your property that is expected or intended by You ;

·          an intentional criminal act or failure to act by You ;

·          Your use of intoxicants or narcotics unless administered on the advice of a Physician ;

·          loss or damage due to unexplained or mysterious disappearance, or theft, unless reported to the police;

·          Your violation of the conditions of the Rental Agreement;

·          operation of the Rental Vehicle by any driver who is not authorized by the Rental Agreement;

·          wear and tear, deterioration, moths, vermin, or defect;

·          delay, loss of market, indirect or consequential loss;

·          Your liability for damage to the Rental Vehicle;

·          war, invasion, terrorism, rebellion, insurrection or military power; or

·          any nuclear incident or nuclear explosion.

 

 


 

End of the Insurance Coverage

Your insurance coverage begins on the date when You sign the Rental Agreement and have agreed to purchase the vehicle rental insurance.

Your insurance coverage ends automatically at the earliest of the following dates:

(a)      the date set out in the Rental Agreement for the period of rental of the Rental Vehicle;

(b)      the date the Rental Vehicle is returned to the location indicated in the Rental Agreement; or

(c)      the date You request, in writing, to have the insurance cancelled.

Cancellation

You may cancel this insurance by sending Us by registered mail the notice included at page 83 at the address indicated on the notice, together with a copy of Your Rental Agreement. You may cancel the insurance without penalty within 10 days of purchasing it.

You can't however cancel the insurance if the Coverage Period of the Rental Agreement is 10 days or less and the Coverage Period has begun when the cancellation notice is provided to Us.

You may have to pay the premiums for the insurance for any period before the notice of cancellation is provided to Us. Depending on the situation, You may also lose the benefit of weekly or monthly pricing of the premiums.

Other Information

How to Contact Us:

For more specific information on the product offered, You can contact the distributor.

You can also contact the Insurer by writing to Us at the following address:

ACE INA Insurance
1400-25 York Street
Toronto, Ontario M5J 2V5

or by dialing toll-free 1-877-772-7797 (weekdays between 8 :30 am to 4 :30 pm Eastern Standard Time).


 

PROOF OF LOSS OR CLAIM

Submission of a Claim

A person making a claim must provide Us with written notice of the claim within 30 days from the date a claim arises.  You or Your representative must contact Us to obtain the necessary claim form by calling the following toll-free numbers:

1-877-772-7797 (English) Monday to Friday, 8.30am to 4.30 pm (Eastern Time)

1-877-337-9494 (French) Monday to Friday, 8.30 am to 4.30 pm (Eastern Time)

Deadline to Submit a Claim

The claim form and the required documents must be completed as requested and returned to Us as soon as reasonably possible, but in all events within one year from the date of loss. Your insurance must not have been terminated at the time of loss.

Insurer's Reply

If Your claim is approved, We will pay the benefit with 30 days of receiving the proof required.

If Your claim is denied or We pay only a portion of the benefit, You will receive a letter explaining the reasons for our decision. We will send the letter within 30 days of receiving the documents required to process the claim.

Appeal of an Insurer's Decision and Recourses

If a claim has been denied, the claimant can appeal this decision by submitting new information to Us. The claimant may also consult the Autorité des marchés financiers or Your own legal adviser for further guidance.

SIMILAR PRODUCTS

There are other insurance products offered by other insurance companies that include coverage similar to the insurance described in this distribution guide.


 

 

Referral to the Autorité des marchés financiers

For additional information regarding the Insurer's and distributor's obligations to You, You may contact the Autorité des marchés financiers at the following address:

Autorité des marchés financiers

Place de la Cité, tour Cominar
2640, boulevard Laurier, bureau 400
Québec (Québec) G1V 5C1

Quebec City:                           (418) 525-0337

Montreal:                                 (514) 395-0337

Toll Free Telephone:               1-877-525-0337

Fax:                                         (418) 525-9512

Web Site:                                www.lautorite.qc.ca

Email:                                      renseignements-consommateur@lautorite.qc.ca


Notice of cancellation

NOTICE OF CANCELLATION OF AN INSURANCE CONTRACT

NOTICE GIVEN BY THE DISTRIBUTOR

Section 440 of the Act respecting the distribution of financial products and services.

THE ACT RESPECTING THE DISTRIBUTION OF FINANCIAL PRODUCTS AND SERVICES GIVES YOU IMPORTANT RIGHTS.

·         The Act allows you to cancel an insurance contract you have just signed when signing another contract, without penalty, within 10 days of its signature.  To do so, you must give the insurer notice by registered mail within that period of time.  You may use the attached form for this purpose.

·         Despite the cancellation of the insurance contract, the first contract entered into retains all of its effects.  Caution, it is possible that you may lose advantageous conditions as a result of this insurance contract; contact your distributor or consult your contract.

·         After expiry of the 10-day period, you may cancel the insurance at any time;  however, penalties may apply.

For further information, please contact the Autorité des marchés financiers at (418) 525-0337 (Quebec City region) or 1 877 525-0337 (elsewhere in Quebec).


NOTICE OF CANCELLATION OF AN INSURANCE CONTRACT

To:    ACE INA Insurance
1400-25 York Street
Toronto, Ontario M5J 2V5

Date: ________________________

(date of sending of notice)

Pursuant to section 441 of the Act respecting the distribution of financial products and services, I hereby cancel insurance contract no.:

__________________________________

(number of contract, if indicated)

Entered into on: ________________________________

(date of signature of contract)

In:___________________________________________

(place of signature of contract)

______________________          __________________________________

(name of client)                                  (signature of client)


 

439. A distributor may not subordinate the making of a contract to the making of an insurance contract with the insurer specified by the distributor.

The distributor may not exercise undue pressure on the client or use fraudulent tactics to induce the client to purchase a financial product or service.

440. A distributor that, at the time a contract is made, causes the client to make an insurance contract must give the client a notice, drafted in the manner prescribed by regulation of the Authority, stating that the client may rescind the insurance contract within 10 days of signing it.

441. A client may rescind an insurance contract made at the same time as another contract, within 10 days of signing it, by sending notice by registered or certified mail.

Where such an insurance contract is rescinded, the first contract retains all its effects.

442. No contract may contain provisions allowing its amendment in the event of rescission or cancellation by the client of an insurance contract made at the same time.

However, a contract may provide that the rescission or cancellation of the insurance contract will entail, for the remainder of the term, the loss of the favourable conditions extended because more than one contract was made at the same time.

443. A distributor that offers financing for the purchase of goods or services and that requires the debtor to subscribe for insurance to guarantee the reimbursement of the loan must give the debtor a notice, drawn up in the manner prescribed by regulation of the Authority, stating that the debtor may subscribe for insurance with the insurer and representative of the debtor's choice provided that the insurance is considered satisfactory by the creditor, who may not refuse it without reasonable grounds. The distributor may not subordinate the making of the contract of credit to the making of an insurance contract with the insurer specified by the distributor.

No contract of credit may stipulate that it is made subject to the condition that the insurance contract subscribed with such an insurer remain in force until the expiry of the term, or subject to the condition that the expiry of such an insurance contract will entail forfeiture of term or the reduction of the debtor's rights.

The rights of the debtor under the contract of credit shall not be forfeited when the debtor rescinds, cancels or withdraws from the insurance contract, provided that the debtor has subscribed for insurance with another insurer that is considered satisfactory by the creditor, who may not refuse it without reasonable grounds.


FOR RENTALS ORIGINATING IN COSTA RICA

 

The following terms and conditions shall apply to vehicle rentals originating in Costa Rica:

1.        Renter shall use Vehicle rented hereunder as per these provisions, accurately complying with the price, rental terms, coverage conditions and other contractual clauses accepted by Renter above.

2.        It is hereby expressly provided that Vehicle subject to this rental agreement is the exclusive property of Owner and Renter does not acquire any rights other than those specified in this Renter Agreement.

3.        Renter receives Vehicle in good mechanical condition, as well as good body and paint condition and undertakes to return it in the same conditions.

4.        "Vehicle" means not only the rented unit, but also its tires, tools, accessories, safety kit, additional equipment and additional products that are rented, and Renter is responsible for its use, and any loss or damage s/he may cause.

5.        Vehicle shall be driven only by Renter if s/he has a valid driver's license or by drivers previously authorized by Owner in writing.  In the case of foreign license, it shall be valid for a period of three months after the last entry into the country and the driver must carry a copy of the passport proving the date of last entry.

6.        The term of this Rental Agreement is determined in the front of this agreement, as well as the rental amount, which is always calculated based on full hours and days.  Renter shall return the vehicle to Owner at its headquarters or any other office available to the effect on the date specified.  If Renter violates this provision, Owner will consider the vehicle as stolen or wrongfully retained, and reserves the right to recover it by any means at its disposal, and Renter shall pay the daily rental amount until Vehicle is returned or recovered and accept all responsibilities this contract stipulates.  The expenses and costs to be charged to Renter for the recovery of Vehicle are US$150 and shall be borne by Renter.  Renter agrees to return, within the agreed period, Vehicle at Owner's headquarters or, if authorized, at any of its branches, on the understanding that the rent continues until Owner receives it to its full satisfaction.  If Vehicle is dropped off at any point other than the authorized location, Renter agrees to pay US$0.5 or its equivalent in local currency per kilometer of the city where they leave the vehicle to the nearest station, in addition to any charges for parking, tow trucks or other.

7.        If appropriate, Renter will make a deposit at Owner's offices as security for any rental time or mileage surplus, replacement of missing parts or damages Vehicle, traffic fines or any other payment which s/he undertakes to make.  Such deposit shall be by credit card or in cash.  If the deposit proves to be insufficient, Renter shall cover any difference at vehicle return.

8.        Vehicle shall be used exclusively to transport Renter and the persons accompanying him/her.  Both Renter and the authorized drivers agree to the following:  a) not to allow any other person not authorized in this contract to drive the vehicle ; b) not to drive without a valid driver's license, identity card or passport; c) not to drive while intoxicated, under the influence of drugs , hallucinogens, narcotics , or any other similar substance ; d) not to profit from Vehicle, whether transporting people or goods; e) to obey local traffic regulations in the understanding that any infraction will be borne by Renter and will be charged to the rental regardless of the offender; f) not to take the vehicle outside the limits of the Republic without prior authorization from Owner, for which Owner must follow the necessary process before the Registry;  g) no to drive over the legal speed limit; h) not to use Vehicle to tow a trailer, unless they have written consent of Owner; i) not to overload Vehicle with respect to its strength and capacity;  j) to check the levels of engine oil, radiator water, and tire pressure, as well as control panel indicators; k) To lock Vehicle whenever they are outside of it; I) not to participate directly or indirectly in races or safety, resistance or speed tests; m) in general, not to use  Vehicle for purposes other than those stipulated under this Rental Agreement and not to drive on obviously bad roads, beaches , rivers and other areas where it could become damaged; and  n) to pay any traffic law infractions they commit.

9.        If Renter does not comply with the provisions of the preceding clause, s/he agrees that the protections hired will not cover any liability for accidents that may occur to the rented vehicle driven in such conditions and therefore, Renter is responsible for all damage to the vehicle or damage to the property of others.

10.     Renter shall pay Owner the following for vehicle rental at the end of this contract: a) charges for the time Vehicle was used as specified in days and hours; b) total damages and mechanical repairs resulting from accidents or other reasons caused by negligent driving through unsuitable places, crossing rivers, beaches etc. or in violation of any provision under this Rental Agreement; c) costs incurred by Owner, including attorney's fees, to collect sums owed by Renter under this contract; d) fines, penalties and other expenses and taxes on Vehicle while in possession of Renter. In case the traffic violations have been appealed, Owner shall proceed to refund the amount charged in respect of the violations until the appeal is admitted by the competent authority; e) taxes or charges set forth by the government of Costa Rica or other institutions; f) coverages accepted by Renter upon signing the contract.  This does not free Renter or authorized driver or drivers of direct liability for legal violations against traffic laws committed while driving  Vehicle, which must be paid along with any taxes and fines that the State allocates for such violations; g) payment for lost keys up to US$800; h) payment for dirty upholstery of up to US$250; i) payment for lost documents and plates US$250 plus loss of profits; j) payment of any additional services or products agreed with Renter in the Rental Agreement; k) payment for processing of traffic violations resulting from Renter negligence US$100, which are non-refundable regardless of any appeal; I) payment for lost assistance kit US$100; m) payment for damage or loss of GPS up to US$400; and n) payment for damage or loss of child seat or booster up to US$150.

11.     Renter expressly frees Owner, its agents and employees from all liability and claims for loss or damage to personal property or any other property left or transported in Vehicle.

12.     In case of vehicle damage or malfunction that warrants taking it to an auto repair shop, Renter is required to immediately notify Owner and the relevant authorities before ordering any repairs.  No Renter is authorized to make any repairs to Vehicle on their own. In case of failure to comply with the above, Owner shall retain the deposit until the damages to  Vehicle or to others are settled.

13.     In case of odometer malfunction, Renter must report it immediately so it may be repaired or another vehicle may be provided. Failure to do so, if it is proven that the odometer was disconnected or its seal was tampered with, will result in a charge to Renter's account of US$125 per day for the period s/he used the vehicle.

14.     Renter shall be liable for damages caused to Vehicle while in his/her possession, as well as injury to any passengers traveling with him/her in Vehicle and the property of others.  The responsibility for damages caused to Vehicle and passengers shall be equal to the maximum deductibles set forth in this Rental Agreement under the coverage Renter has taken and, in the case of damages to the property of others, they shall be equal to the deductibles determined by the insurance company, provided that all actions were diligent.  Nevertheless, regardless of the type of coverage taken, an amount equal to the deductible for theft plus the rental estimate will be required as temporary deposit on a credit card in order to rent Vehicle.  However, US$1200 or its equivalent in local currency will be required as temporary deposit in that respect.

15.     Owner and Renter agree that, in case of collision, overturn or damage to the property of others, the Owner may deduct any deductible from the deposit amount, whether or not Renter was at fault.  However, Renter shall be responsible to pay the amount of damages to Vehicle, whether partial or total loss, if, for any reason, the claim for damages does not meet all the requirements agreed in this Rental Agreement or if it is proven that there was negligence against the provisions of the traffic laws, or in case of violation any of its obligations under clauses eight and twenty-two of this Rental Agreement.

16.     If Renter accepts the collision and overturn coverage and also complies with all the terms and conditions agreed, his/her liability for accidental damages to the Vehicle will be limited to the payment of a maximum deductible of up to US$1500 payable in local currency, provided that all the requirements agreed in this Rental Agreement have been met or if it is not proven that there was any negligence against the provisions of the traffic laws.  Otherwise, the damages shall be borne entirely by Renter.

17.     If Renter agrees to take the coverage for damage to third parties, and also complies with all terms and conditions, his/her liability for accidental damages occurring to the property of others shall be limited to the payment of the 20% deductible of the total incident amount or a minimum of US$250 stipulated by the insurance company, provided that the insurance company accepts the accident; otherwise, the damages shall be paid in full by Renter.

18.     In case of partial or total theft of the vehicle, if Renter has taken the theft coverage, Renter shall be responsible for paying the deductible, which will be a maximum of up to US$2000 or its equivalent in national currency, as long as the theft reporting process is followed with the relevant judicial authorities.

19.     Maximum coverage includes all coverage mentioned in clauses sixteen, seventeen, eighteen, and nineteen of this Rental Agreement, applying the specific deductible for each.

20.     If Renter agrees to take the windows and tires protection, s/he will not pay any amount for damages to them.  If such coverage is not taken, Renter shall be responsible for any window and tire damage during the term of the vehicle rental.

21.     Renter can decline the coverages that protect the vehicle in the categories stipulated by Owner, provided that another insurance company guarantees all coverages in case of accident or theft.  Renter may use any credit card that offers this service to such end.

22.     The above coverages will be deemed invalid and will not be recognized if the driver has not, at the time of the accident, been authorized by Renter and accepted by Owner or if the vehicle was driven against the provisions of this Rental Agreement or the traffic laws of Costa Rica, or if Renter fails to provide and/or submit all information and documentation required by existing laws and the equivalent documents the insurance carrier and the appropriate courts request.  In case the traffic officer does not show up or if there is no accident report, Renter must submit a blood test showing blood alcohol levels, taken no more than three hours after the accident.  In such cases, Renter accepts full responsibility for damages and other expenses and costs, and holds the lessor harmless and accepts that such things be charged to his/her deposit or credit card or other means accepted.

23.     None of the above coverages shall cover loss of license plates, registration documents, car keys or GPS, baby seats or boosters, cell phones, safety kits or dirty upholstery.

24.     Renter undertakes, with his or her signature, to pay Owner any compensation arising from this contract, with the understanding that Owner can pursue legal action to collect anything uncovered.

25.     For any dispute arising in connection with the interpretation and enforcement of this Rental Agreement, the parties submit to the jurisdiction of the courts of the Republic of Costa Rica, thus waiving any other jurisdiction and identified as their conventional addresses.

26.     If the vehicle is rented by Renter by means of fraud or misrepresentation and used for illegal purposes, it shall be understood that its use is without permission of Owner, who will not be liable for the actions or crimes in which it is used.

27.     Owner may at any time terminate this Rental Agreement without responsibility to him or her and demand full payment from Renter of any charges when requesting Vehicle.

28.     An daily early return fee of US$15 will be charged when Vehicle is returned at least one calendar day prior to the return date and the final charge is lower than the agreed cost at the start of the rental.

29.      If Vehicle is kept for a longer time than as originally agreed in the contract, a daily fee of US$15 will be charged, to be added to the cost of each rental day.  This amount is additional to the cost of each extra day/week that Owner calculates in the rate based on 24-hour periods.  The rental rate will be calculated based on the agreed return date versus the actual vehicle return date.

30.      Loss Damage Waiver (LDW) includes SLC and Theft Protection. The purchase of LDW is mandatory for certain car group and is required in order to rent a vehicle. Renter may purchase mandatory LDW for an additional fee. If Renter purchases LDW, Owner agrees, subject to the actions listed on the rental agreement that invalidate LDW, to contractually waive Renter's responsibility for all or part of the cost of damage to, loss or theft of the vehicle.                                                                

31.      If LDW is declined, Renter will be responsible for the full value of the damage / loss due to accident or theft. If LDW is declined for all vehicles, Renter must pay with a credit card that includes the coverage; Costa Rica must be able to confirm that LDW is included. Credit card coverage does not cover SLC. If LDW-TP is declined, SLC is mandatory. LDW deductible of US$800 applies to Mini to Midsize vehicles and US$1500 for Standard SUV and above.

32.      Deductible Protection (LDWD) reduces Renter's deductible to US$0 of any coverage purchased (LDW, SLC, TP). Drivers between the age 18-21 are not eligible to purchase Loss Damage Waiver Deductible Protection (LDWD) or Full Coverage Protection (SCV1)

33.      Roadside Plus (RSP) - Covers service for key replacement, towing, jump start, lockout service, fuel delivery.

34.      Supplemental Liability Coverage (SLC) The purchase of Supplemental Liability Coverage is mandatory if LDW is declined. Supplemental Liability Coverage covers Renter's liability to third parties resulting from auto accident in rented vehicle for property damage, other than to the rental vehicle, up to US$11,000. SLC also provides accidental death and medical expense benefits resulting from an accident for the amount established by a Costa Rican court of up to US$90,000  per person and up to US$225,000  per accident for third parties.  SLC does not cover the Renter, relatives, any immediate household members, nor other passengers (in Vehicle). PLI has a deductible of 20% or US$250 minimum. SLC is only mandatory if LDW is declined

35.      Tire and Windshield Protection (TWP) Reduce the responsibility of damages caused to tires and windshields due to road condition. Included if Renter purchases LDW and LDWD together.

36.      Cross Border Policy. Renters wishing to visit Nicaragua must prearrange at time of rental, for a vehicle exchange at the Costa Rica/ Nicaragua border.  A three (3) day  minimum  notice is required. Renters can only rent the following vehicles: Mini to Compact. Upon vehicle exchange at the border, the original agreement is closed and a second rental agreement is issued by National Nicaragua (same rate is applied).  A vehicle exchange fee totaling US$50  is assessed; US$25 charged by Costa Rica when the original agreement is closed plus US$25 charged by Nicaragua when the new agreement is opened.  When Renter returns to Costa Rica, the same process applies plus an additional US$50 exchange fee.  Renters not planning to return to Costa Rica must notify the rental location in Costa Rica when prearranging the vehicle exchange.

24. List of Subsidiaries of Enterprise Holdings, Inc., referenced in Section 2 of the Renter Agreement.

 

 

Enterprise Leasing Company of STL, LLC

Enterprise Leasing Company of Georgia, LLC

Enterprise Leasing Company of Florida, LLC

Enterprise Leasing Company of KS, LLC

EAN Holdings, LLC

Enterprise Leasing Company of Orlando, LLC

Enterprise Leasing Company of Indianapolis , LLC

Enterprise Rent-A-Car Company of Boston, LLC

Enterprise Leasing Company of Denver, LLC

Enterprise Leasing Company of Chicago, LLC

Enterprise RAC Company of Maryland, LLC

Enterprise Leasing Company of Philadelphia , LLC

Enterprise RAC Company of Baltimore, LLC

Enterprise Leasing Company of Minnesota, LLC

Enterprise Leasing Company of Detroit, LLC

Enterprise Leasing Co of Norfolk/ Richmond, LLC

Enterprise Rent-A-Car Company of San Francisco, LLC

ELRAC, LLC

SNORAC, LLC

Enterprise Rent-A-Car Company of Sacramento, LLC

Enterprise Rent-A-Car Company of Los Angeles , LLC

Enterprise RAC Company of Cincinnati, LLC

CLERAC, LLC

Enterprise Rent-A-Car Company of Pittsburgh, LLC

Enterprise Rent-A-Car Company of Wisconsin, LLC

Enterprise Rent-A-Car Company of UT, LLC

CAMRAC, LLC

Enterprise Rent-A-Car Company of Rhode Island , LLC

Enterprise Leasing Company of Phoenix, LLC

Enterprise Leasing Company- Southeast, LLC

Enterprise Leasing Company- West, LLC

Enterprise Leasing Company- South Central, LLC

PENRAC, LLC

Enterprise Rent-A-Car Company of KY, LLC

Enterprise Rent-A-Car Company - Midwest, LLC

Enterprise RAC Company of Montana/Wyoming, LLC

PRERAC, Inc.

 

25. Customers with Disabilities. For customer service inquiries related to customers with disabilities, please call 1 (888) 273-5262, email mobility@nationalcar.com, or TTY 1 (800) 328-6323


By clicking on the "I Accept" button below, I agree to the following:.

1. I have read, are aware of, and will accept full responsibility for and are bound by the Emerald Club Program Rules and Conditions.

2. If I am a resident of the U.S. or Canada, I further agree the terms of the Master Rental Agreement including Annex A will be binding on me when I click on the "I Accept" button during the registration for the Emerald Club thereby confirming that I have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Master Rental Agreement including Annex A.

3. If I am a resident outside of the U.S. or Canada, I agree that the terms of the Master Rental Agreement including Annex A become effective and is deemed to be accepted by me when I take possession of a vehicle in the US, in Canada or at a participating location in the Latin American Caribbean at a National Car Rental location, thereby confirming that I have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Rental Agreement.

4. I also understand that I have the right to receive a paper copy of the Agreement, which copy will be sent to me as part of my Emerald Club Membership Kit to be mailed to me in approximately 4-6 weeks following my enrollment in Emerald Club.

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