Términos y Condiciones Rental
THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
The Rental Agreement. These Rental Terms and Conditions, the rental document you receive when you are given access to the car you are renting (the «Rental Contract») any additional agreement signed by you, any documents or agreements (or links to on-line documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and the return receipt or record (the «Rental Receipt») with computed rental charges together constitute the «Rental Agreement» between yourself and VILLA VICTORIA RENTAL AND SUBSIDIARIES (“the Rental Company”).
Your Rental. You rent from the Rental Company the car described on the Rental Contract, which rental is solely a transfer of possession, and not of ownership. You agree to the terms in the Rental Agreement provided any such term is not prohibited by the law of the Commonwealth of Puerto Rico or the United States Federal Government covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to the Rental Company. You also agree that you are not our agent for any purpose; and that you cannot assign delegate or transfer your obligations under the Rental Agreement and any discrete part thereof. It is agreed, accepted and understood that the obligations under this agreement are no assignable, transferable or delegable in part on in whole.
Changes to the Rental Agreement of the Reservation. Any change in the Rental Agreement or our rights must be in writing and signed by an authorized officer of the Rental Company. You further agree that we have the unilateral right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Rental Company web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Rental Company web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to these Terms and Conditions will be posted as they occur on the Rental Company web site at www.villavictoriarental.com and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental car are different.
Any change to the reservation must be requested at least 12 hours prior to the pick-up date and time. Any adjustment or changes to the reservation may result in a change of rental rate or applicable fees and charges. A reservation will be on hold until the end of business day, this will be the hour in the day the Rental Company’s location closes for the day or, in case of a 24 hour location, until 11:59 p.m. of the date of the reservation. Should the time of the hold of the reservation elapse, the Rental Company may deem you as a No-Show and cancel the reservation. If a reservation is not cancelled at least 12 hours prior to the reservation date and time and you do not show up to pick up the Car during the designated time for the hold of your reservation, you will be subject to a No
Show fee equal to one day rate according to your reservation price, plus tax and surcharges. It is very important that you call or email prior to the reservation date and time to modify or cancel it to avoid the No Show fees. 4. Meaning of Car. The word “car” in the Rental Agreement means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by the Rental Company with the vehicle and separately rented to you by the Rental Company unless otherwise explicitly specified in the Rental Agreement. This Rental Agreement may also use the term “Vehicle” to refer to “Car”.
Who May Drive The Car. You represent and guarantee to the Rental Company that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. At the time of pick-up, you must present a valid driver’s license issued to your name. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked, or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver’s license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver’s license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car (each a «Permitted Driver»), but only with your prior permission. Any Permitted Driver must be at least 25 years old and must also be a capable and validly licensed driver at all times during which such person is operating the car. For every Permitted Driver, you must provide the following information: (i) full name of the Permitted Driver; (ii) phone number of the Permitted Driver; (iii) valid driver’s license for the Permitted Driver, issued to his(her) name; and (iv) any other information the Rental Company may deem appropriate. The Rental Company may charge for additional drivers other than a spouse. Any person other than you or a Permitted Driver that operates the car must sign an additional driver form at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract. You acknowledge and accept that you will always remain financially responsible for all obligations under the Rental Agreement even if the car is operated by a Permitted Driver or someone other than yourself.
Return of the Car. You agree to return the car to us in the same condition you received it, other than excepted ordinary wear and tear, on the date, at the time and to the location specified in the Rental Contract. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you will also be charged a late return fee of $35.00 per day or fraction of a day (Late Return Fee). The Late Return Fee will be applicable for any return that occurs over one (1) hour later than the specified time in the Rental Agreement unless an extension has been requested by you and approved by the Rental Company. You may not return the car outside of the return location’s operating hours unless specifically allowed by that location. If you do, your responsibility for damage to or loss of the car will continue, and all charges stated on the Rental Contract as a periodic rate will continue to accrue until the return location reopens and we process the return of the car. Operating hours vary by location. If we do not find the car when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is returned or recovered. If you wish to extend any rental you must contact the Rental Company or use a method we approve to request the extension at least 24 hours before your return date and time. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If you do not return the car to the location specified in the Rental Agreement, as and when required under the Rental Agreement, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee will also apply (Extension Fee). The Extension Fee will be $10.00 per extension.
Where You’ll Return the Car. The car must be returned to the agreed return location as specified on the Rental Contract. If return is indicated to a location other than the location where your rental commences, you may have to pay a one-way service fee. If you return the car to a different location from the agreed return location without our permission, you agree to pay an unauthorized return location fee specified by us.
Rental Charges. You will pay for the number of miles/kilometers you drive and/or the period of time you rent the car at the rate indicated on the Rental Contract, or your applicable corporate rate. Unless otherwise indicated on the Rental Contract, the minimum charge is one day (24 hours), plus mileage/kilometerage, or a fixed fee. We will determine the miles/kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the Rental Contract our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, concession recovery fees, vehicle license recovery fees, other any other fees and surcharges. The current mandatory applicable fees and surcharges, include, but are not limited to: (i) 1% Municipal Service and Sales Tax; (ii) 10.50% Puerto Rico State Service and Sales Tax; (iii) Vehicle License Fee of $2.50 per day or fraction of a day; and (iv) Energy Recovery Fee of $1.99 per day or fraction of a day. Other fees and surcharges may include the following:
a) You will also pay a reasonable fee for cleaning the car’s interior upon return if any stains, dirt, odor, or soiling attributable to your use that cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion (Incidental Cleaning Fee). The minimum Incidental Cleaning Fee will be $75.00. Depending on the severity of the cleaning procedure necessary, you may be charged a higher fee at the Rental Company’s sole discretion.
b) If the key(s) or key fob(s) are not returned with the car, you may be charged additional fees, that include the cost of replacement of the item plus a processing fee (Key Replacement Fee). The minimum Key Replacement Fee will be $200.00 per key or key fob. Additional charges and fees may be applicable if the key of key fob replacement requires changing vehicle locks or additional programing to the vehicle.
c) We maintain a non-smoking fleet, including a prohibition on the use of e-cigarettes in the car. You will pay an additional charge if you return the car, and it smells or is soiled from smoke or e-cigarette vapor (Smoking Cleaning Fee). The minimum Smoking Cleaning Fee will be $250.00. Depending on the severity of the cleaning procedure necessary, you may be charged a higher fee at the Rental Company’s sole discretion.
d) You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so on behalf of the third party.
e) If you use a car with automatic toll payment capability, see the disclosures regarding «AUTOEXPRESO» in Paragraph 16 below.
f) To the extent you utilize any rate/benefit discount code in association with a rental, you represent you meet the requisite criteria for utilizing such discount code. Any other use will be viewed as an unlawful use and theft of services for which Rental Company can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs, and may void any associated discounts or rental benefits.
g) The Rental Company makes every effort to ensure that all prices and descriptions quoted on its website or elsewhere are correct and accurate. However, in the case of a manifest error or omission, the Rental Company reserves the right to rescind the Rental Agreement, even if we have already accepted your reservation and/or received your payment. Our liability in that event will be limited to the return of any money that you have paid with respect to the reservation. In the case of a manifest error in which we permit you to keep your reservation, we reserve the right to require that you pay the difference between the quoted price and the correct price, as confirmed in writing by the Rental Company after the manifest error has been discovered. A «manifest error», as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by the Rental Company which is more than 15% difference from the price that would have been quoted had the mistake not been made.
Taxes, Surcharges & Fees. You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.
Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Contract, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card (only when permitted by the Rental Company) funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, or the deposit amount indicated on signs at the location at which you rent the car at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand, acknowledge and accept that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the car and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer. At the moment of pick-up, you must present a valid Credit Card from any of the mayor credit card companies (VISA/MASTER CARD/ AMERICAN EXPRESS/ DISCOVER) issued to your name and you will be charged the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, and a $500.00 minimum deposit (the Minimum Deposit). The Minimum Deposit will be returned to you within __-__ business days after the return of the car, minus any additional charges or fees that you may have incurred during the Rental. The additional charges or fees exceed the Minimum Deposit, you agree and authorize the Rental Company to charge the credit card you provided for the excess amount. The Rental Company does not accept the use of Gift Cards, Debit Cards, Check Cards, or CASH.
Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include but are not limited to the following: the car is found illegally parked, being used to violate the law or the terms of the Rental Agreement or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car’s operation. If the car is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the credit or debit card or account you used to rent the car.
Loss Damage Waiver (LDW) or Partial Loss Damage Waiver (PDW). Loss Damage Waiver (LDW) is not insurance and is mandatory unless you present verification in writing of personal insurance coverages at rental counter mentioning coverage in Puerto Rico at the moment of rental. Personal insurance must be accompanied by a letter stating that the customers insurance policy covers the rental vehicle in Puerto Rico rented at our location. All insurances are subject to verification and acceptance at rental counter. If you do not provide valid and acceptable evidence of insurance coverage in Puerto Rico, you will be required to purchase LDW or PDW in order to rent the vehicle. If you accept full LDW by your initials on the Rental Agreement you agree to pay the additional daily rate, for each full or partial day that the car is rented to you, and the car is operated in accordance with this agreement, we assume responsibility for the loss of or damage to the car except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire services unless related to an accident, or recovery of the car if stolen), and except for your amount of “responsibility”, if any, specified on the Rental Agreement. LDW is not subject to payment of a deductible.
Partial Loss Damage Waiver (PDW) is available. If you accept PDW you agree payment of the indicated deductible, the daily rate, for each full or partial day that the car is rented to you and the car is operated in accordance with the Rental Agreement, we assume responsibility for the loss or damage to the car (after deductibles) the amount as specified on the Rental Contract. PDW is subject to payment of the deductible that may range from $500.00 to $1,000.00, depending on the applicable to the vehicle rented and available policy. If you do not accept either LDW or PDW, you owe for all loss or damage to the car. Loss and damage are described in paragraph 13 below.
YOU ACKNOWLEDGE YOU HAVE BEEN ADVISED THAT YOUR OWN INSURANCE MAY COVER SOME OF THE LOSS OR DAMAGE TO THE CAR. YOU ALSO ACKNOWLEDGE READING THE NOTICE ON LOSS OR DAMAGE SHOWN ON THE RENTAL CONTRACT, OR IN THESE TERMS AND THAT YOU WILL BE RESPONSIBLE FINANCIALY RESPONSIBLE FOR ANY COST NOT COVERED BY YOUR OWN INSURANCE.
Damage to/Loss of the Car. If you do not accept Loss Damage Waiver, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 14, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds, or as otherwise required by law. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered, you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.
Prohibited Use of the Car. Certain uses of the car and other actions you or a driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO INSURANCE, ANY ROADSIDE ASSISTANCE PLAN, AND LOSS DAMAGE WAIVER (LDW) OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire or more passengers than the car has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a «Controlled Substance»), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; 7) recklessly or while overloaded; or 8) if the car taken out of Puerto Rico without our expressed permission. B. You or an additional driver, whether authorized or not: 1) fail to promptly report to the Rental Company any damage to or loss of the car when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; or 5) intentionally or with wilful disregard cause or allow damage to the car.
You or an additional driver, whether authorized or not, return the car after hours and the car is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the car, its keys, key fobs, or other remote entry and starting devices.
Driving or operating this car while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Rental Agreement.
The Car may not be taken out of the main island of Puerto Rico under any circumstance. This prohibition includes any mode of transportation that requires the Car to be loaded onto another vehicle, such as a boat, ship, plane, helicopter, crane, etc. This limitation is not applicable if the land outside of the main island is connected by a bridge, such as the case with Old San Juan.
Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not always the case. There are three refueling options:
1) If you do not accept the fuel service option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge at the applicable rate per-mile or rate per-gallon specified on the Rental Contract or disclosed at the location. The per-mile rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the car’s odometer (or provided by the vehicle’s telematics device), times the per-mile rate shown on the Rental Contract. The per gallon rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the car as when you received the car (by using the factory installed gauge, rounded down to the nearest 1/8 tank), times the per-gallon rate shown on the Rental Contract.
Although two methods are used for ease of calculation, the per mile and per-gallon rates produce approximately the same result. Some of our cars are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your car has such a device, you will be charged for the actual amount of gasoline needed to fill the tank based on the reading of this device.
If you receive a Car with a full tank of fuel, you are required to return it with a full tank of fuel. If you do not return the car with a full tank and you have not opted for the prepaid fuel service option, you will be subject to a Refueling Charge starting at $9.99 per gallon.
2) If you accept the prepaid fuel service option at the beginning of your rental, you will be charged as shown on the Rental Contract for that purchase and you will not pay us a Refueling Charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. If you accept the partial fuel service option at the beginning of your rental, you will be charged as shown on the Rental Contract for that purchase and you will pay a fuel service charge for any fuel not covered by the partial fuel service option. The per-gallon cost of the prepaid fuel service option will always be lower than the Refueling Charge. The cost of refueling the car yourself at a local service station may be lower than the Refueling Charge or the prepaid fuel service option. You acknowledge that the Refueling Charge is not a retail sale of fuel. The prepaid fuel service option starts at a minimum cost of $4.99 per gallon.
3) You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase. If you put fuel into the car, you must use the correct fuel (having the grade of gasoline stated on the car fuel information decal, or on-road diesel). Do not use ethanol fuel even if the car states that it is a flex-fuel vehicle. If you put the wrong fuel in the car, you will be responsible for any and all damages to the vehicle.
AUTOEXPRESO. All vehicles are equipped with the Autoexpreso Sticker that cannot be removed or replaced with another as this is registered under the specific vehicle and under the Rental Company name. We offer Autoexpreso Toll Service Option that can be accepted at the moment of rental, at a cost of $9.99 per day including tolls, plus a one-time $10 activation fee. If you decline this option of and incur any tolls during your rental you will be charged for the posted toll rate plus a $75.00 service charge. If you decline the AUTOEXPRESO service or you remove, disable or tamper with the AUTOEXPRESO device you will be charged a $75.00 service charge, and you will be charged for the incurred tolls at the maximum prevailing rates posted by the toll authority, plus any fine that may result from passing through a toll without payment.
Fines, Expenses, Costs and Administrative Fees. You’ll pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal, and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
In the event we use a third-party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
Roadside Assistance. Assistance is available to all renters. In some instances, you may purchase added protection under a roadside assistance plan (a «Roadside Assistance Plan») in which the Rental Company offers to cover potential costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts, or emergency fuel delivery (up to 3 gallons). If you do not purchase the Roadside Assistance Plan in advance, you may incur added costs for providing the above referenced services. When paying in advance for a Roadside Assistance Plan, you will pay for any full or partial day at the rate specified in the Rental Contract. There are no refunds if you do not use the Roadside Assistance Plan. Once purchased, you cannot cancel or rescind the Roadside Assistance Plan during the rental.
Regular Liability Insurance Required by Law. Anyone driving the car who is permitted to drive it by the Rental Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where applicable law may extend this protection to a non-Permitted Driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by the Rental Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by the Rental Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply.
You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. You understand that, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no fault, non-compulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Rental Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages.
Additional Liability Insurance (ALI) & Exclusions. You have the option to purchase ALI at a daily cost. ALI coverage will be provided to you and any authorized driver under an excess coverage automobile policy issued to the Rental Company. ALI provides protection for third party automobile claims for the difference between the minimum liability insurance required by law and the limits per person, per accident and per property damage established in the applicable policy for the territory of Puerto Rico. ALI does not apply to liability for bodily injury or property damage arising out of any “prohibited use of the car” as described in paragraph 14 of the Rental Agreement, all of which are exclusions to ALI. Other exclusions to ALI are listed in the ALI policy. You understand that you will be charged the rate per day for a full day even if you don’t have the car for the entire day. If you decline ALI, you will be responsible for the full value of damages caused to third party involved, minus the minimum liability insurance required by law describes in paragraph 19 of the Rental Agreement. Our company provides no liability protection under the terms of the Rental Agreement to the renter from claims of injury by others against you resulting from an accident.
Indemnification and Waiver. You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
Property in the Car. We are not responsible for loss of, theft, or damage to any property in or on the car, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage caused by your property. We are not responsible for items left in vehicle after vehicle is returned. It is your responsibility to inspect vehicles for all personal items, prior to return.
Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges, and you’ll receive a refund for any overcharges we discover on review. 24. Collections. If you do not pay all amounts due to us under the Rental Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Contract, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a car related to your rental, are exempt from the foregoing dispute resolution provision.
Communication Services and Satellite Radio. You acknowledge that the car may be equipped with a communication service, that provides emergency notification, navigation, diagnostics, tracking and other services, and a receiver for receiving audio signals from subscription satellite radio services to which Rental Company may subscribe («Satellite Radio»). You expressly authorize all of those services. You acknowledge that you understand that a Communication System, requires the car’s electrical system and equipment, cellular service, and satellite technologies to be available and operating to function properly. Not all services offered by the Communication System provider are available on all cars. The Communication System acts as a link to existing emergency and other service providers. Services are limited by, and neither the Communication System provider nor Rental Company is liable for, conditions or services outside their control. Any information (e.g. navigational route support) provided through a Communication System is on an “as is” basis. You understand and agree that the Communication System provider may provide us and/or law enforcement with all necessary information to enable us and/or law enforcement to locate the car if you fail to return the car when and where required under the Rental Agreement. You agree to release and hold us, and the Communication System providers, harmless for any Communication System failures. You also agree to limit claims against the Communication System provider for damages for any losses under any theory to the pro rata portion of the rate for use of the car for one day. If your rental car has active Communication System equipment, you understand that your use of the car is subject to the terms and conditions of the Communication System provider, including system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices relating to the Communication System provider’s collection, use and sharing of information about you and the car, and the application of other relevant provisions including responsibilities you have when using the Communication System. By proceeding to rent the car and sign this contract, you authorize the provision of the Communication System in accordance with and agree to be bound by the Terms and Conditions and Privacy Statement of the Communication System provider. Not every car is equipped with a Communication System and/or Satellite Radio. Some cars in our fleet may have a Communication System and/or Satellite Radio equipment, however, such equipment may not be active. Unless you are advised that you have a car with a Communication System and/or Satellite Radio, you will not have access to the systems, and you should not rely upon them or take steps to activate them. Renters shall not activate any service and in the event that a renter does activate a service in violation of this provision, the renter agrees to be completely responsible for the annual subscription and/or cancellation fees(s) for that service.
Download of Your Address Book and Other Information from Your Mobile Device. Some of our vehicles allow you to connect your personal phone or device via Bluetooth to the vehicle’s electronic system. If you choose to do so, the vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. The Rental Company is not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the vehicle.
Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Rental Agreement. You may only transfer your rights or obligations under these Rental Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Rental Agreement operate separately. If any court or competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
Cooperation. You agree to cooperate and coordinate with the Rental Company generally and to take any actions the Rental Company reasonably requests in connection with (i) this Rental Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Agreement or your use of the car, including without limitation, execution and delivery of any documents the Rental Company reasonably requests, giving testimony under oath, and taking any other actions the Rental Company reasonably requests related to this Rental Agreement or your car rental.
BY COMPLETING A RESERVATION AND SIGNING THE RENTAL AGREEMENT, YOU AGREE THAT YOU HAVE RECEIVED, READ, UNDERSTAND, ACCEPT AND AGREE TO THE ALL TERMS, CONDITIONS, DISCLOSURES AND NOTICES APPEARING IN THIS DOCUMENT, OUR WEBSITE, RENTAL CONTRACT AND RESERVATION. YOU ALSO CONSENT TO THE USE OF ELECTRONIC RECORDS AND THAT YOUR ELECTRONIC SIGNATURE WILL BE A VALID FORM OF SIGNATURE, THE SAME AS IF YOU HAD SIGNED ON A PHYSICAL PAPER.