Rental Terms – U Save Auto Rental NY

Rental Terms & Conditions

Rental Agreement Terms and Conditions
  1. Definitions. “Agreement” means all terms and conditions found in the Rental Agreement, vehicle inspection form, this document jacket, any addenda and any additional documents you sign or we provide at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our,” or “us” means the independent U-Save Car & Truck Rental franchisee named elsewhere in this Agreement. “Authorized Driver” means (a) the renter and the renter’s spouse; (b) any additional driver listed by us on this Agreement; and (c) any person who operates the vehicle during an emergency situation to a medical facility. Each Authorized Driver must have a valid driver’s license. The renter and the renter’s spouse must be at least age 18, and additional drivers listed by us must be at least age 21. Only Authorized Drivers are permitted to use the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver. “Collision Damage”  means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires, wheels or windshields; comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire; or other comprehensive loss not caused by collision or upset. “TWWD” means Tire, Wheel, and Windshield Damage Waiver “Charges” means the fees and charges incurred under this Agreement. All amounts expressed under this Agreement shall be payable in U.S. dollars. “Rental Period” means the period between the times you take possession of the Vehicle and the Vehicle is either returned to or recovered by us and checked in by
  2. Rental, Personal Property, Indemnity and Warranties. This is a contract for the rental of the Vehicle. You do not have the right to sublease the Vehicle. To the extent permitted by law, we may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You release us, our agents and employees from all claims for loss of or damage to your personal property, or that of another person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. To the extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or our repossession of it. We make no warranties, express, implied  or apparent, regarding the Vehicle or optional equipment (“Optional Equipment”) that we rent to you for use in the vehicle, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular
  3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement and in the same condition that you received it except for ordinary wear. To extend the Rental Period, you must first obtain our approval by contacting our rental office before the due-in date. If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented unless you purchase a prepaid fuel
  4. Responsibility for Damage or Loss. You are responsible for (a) all physical damage to the Vehicle, whether or not you are at fault; (b) mechanical damage related to an accident or caused by your abuse or neglect; and (c) theft of the Vehicle if it is established that an  Authorized Driver failed to exercise reasonable care or that an Authorized Driver committed, aided, or abetted in the theft of the Vehicle.. Your responsibility for physical and mechanical damage will not exceed the lesser of: (a) the actual and reasonable costs incurred to repair the Vehicle, including fees for towing, storage, and impound; (b) the reasonable costs that would have been incurred to repair the Vehicle if we elect not to repair; or (c) the fair market value of the Vehicle immediately before the damage (as determined in the applicable market for the retail sale of the Vehicle), less net disposal proceeds. Your responsibility for theft of the Vehicle will not exceed the reasonable costs incurred by us for the loss, up to the Vehicle’s fair market value (as determined by the applicable market for the retail sale of the Vehicle). You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 
  5. Collision Damage Waiver; Prohibited Uses. If we offer, and you purchase, CDW and/or TWWD, we waive our right to collect from you for all or a portion of Collision Damage or tire, wheel and windshield damage to the Vehicle as noted on the Rental Agreement. CDW and TWWD are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW and TWWD do not apply to Optional Equipment. Any CDW and TWWD purchased by you will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Vehicle, if an Authorized Driver provided fraudulent or materially false information to us and we would not have rented the Vehicle had we received true information, or if the damage or loss: (a) is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver; (b) arises out of the driver’s operation of the Vehicle while intoxicated or impaired by the use of alcohol or drugs; (c) arises out of the use of the Vehicle while engaged in the commission of a crime other than a traffic infraction; (d) 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; (e) 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 18 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; (f) arises out of the use of the Vehicle outside of the continental United States when that use is not specifically authorized by this Agreement; or (g) the Authorized Driver has failed to comply with the requirements for reporting damage or loss as set forth in New York law (NY CLS Gen Bus § 396-z(5)). Notwithstanding the purchase or other availability of CDW, TWWD, or any other coverage that you may have, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim of any size. Failure to do  so is prohibited and constitutes a material breach of this Agreement. . You may void your purchase of CDW and/or TWWD within 24 hours of purchase at any U-Save office in New York at no charge, PROVIDED THAT the rental is for at least 2 days, you appear in person with the Vehicle, and you sign our cancellation form.  Sections 5(a) – 5(g) above and the following are prohibited uses and are material  breaches of this Agreement (“Prohibited Uses”): Use of the Vehicle: (1) by anyone (i) whose driving license is suspended in any jurisdiction; or (ii) who lacks experience operating a manual transmission if applicable; (2) to carry objects on the roof of the Vehicle; (3) to carry dangerous or hazardous items or illegal materiel; (4) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (5) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (6) to transport children without approved child safety seats as required by law; (l) when the odometer has been tampered with or disconnected; (7) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (8) with inadequately secured cargo; (9) after an accident with the Vehicle unless and until you summon the police to the accident scene; (10) to transport an animal (other than a service animal); (11) in or through any structure or underpass where there is insufficient clearance (width or height); or (12) by anyone who is driving or operating the Vehicle 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 while not in a hands- free mode. The following are also Prohibited Uses: failure to notify us and the police of an accident, theft, or vandalism involving the Vehicle; and smoking in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
  6. Optional Equipment. We offer certain Optional Equipment, including navigational systems and child safety seats, upon request and subject to availability for your use during the Rental Period at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the Rental Period in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a navigational system, you should review the operational instructions before leaving the rental
  7. Insurance; Handling Accidents/Incidents. You are responsible for all damage or loss you cause to others. You agree to provide automobile liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury liability coverage and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. The Policy does not cover injury to you. You and we reject PIP, medical payments, no- fault and uninsured and under-insured motorist coverage to the extent permitted by law. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident
  8. Payment; Charges. You permit us to reserve against your payment card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges, but will not use the Reserve or Deposit to pay for damage to the Vehicle for which you may be responsible unless you agree separately to allow it after the amount of damage is determined. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your payment card issuer’s rules will apply to your account being credited for the excess and it may not be immediately released by your card issuer. You will pay us at or before conclusion of this rental or on demand all Charges,  including: (a) time and mileage for the Rental Period, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased including fees for additional drivers; (c) fuel and a refueling fee, if you return the Vehicle with less fuel than when rented (unless you purchase a prepaid fuel option); (d) taxes, fees, and surcharges; (e) all expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (f) all costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (h) $50, or the maximum amount permitted by law, if you pay us with a check returned unpaid; (i) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented or if the Vehicle contains evidence of smoking; (j) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (k) a fee of up to $500 if you lose the keys or toll transponder to the Vehicle; (l) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (m) a fee up to $250 if a navigational system that you rented is lost, stolen or otherwise rendered unusable during the rental; (n) the actual replacement cost of the owner’s manual plus an administrative fee if the owner’s manual is not returned with the Vehicle; and (o) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you return it after the date and time due (“Due-In Date”). If you return the Vehicle earlier or later than the Due-In Date, a different or higher rate may apply, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
  9. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your payment card and rental information to a Processor and charging authorities for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this
  10. Personal Information; Communications. You agree that we may disclose personally identifiable information about you to law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle. To service your account or recover amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of the number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent to this contact or to these types of communication at any time by contacting us in writing at the address on the Rental
  11. Telematics Notice. The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Vehicle when we deem necessary, including if you breach this Agreement. You should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
  12. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law, you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
U-Save New York 022017