Rental Agreement Terms and Conditions
- Definitions. “Agreement” consists of all terms and conditions found on both sides of this form, addenda, and any additional material we provide at the time of rental. “You” or “your” means the person identified as the renter on Page 1, any person signing this Agreement, any Authorized Renter, and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to you as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the Vehicle owner/lessor referred to on Page 1 of this Agreement. “Authorized Renter(s)” means you, the renter’s spouse, any additional renter(s) who have signed the Agreement, and any other driver authorized by the law of the state where the vehicle is rented, provided that the person has a valid driver’s license and is at least 21 years old age unless the law of the state where the Vehicle is rented requires otherwise. “Vehicle” includes the automobile identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys, and vehicle documents. “PDW” means Physical Damage Waiver. “Physical damage: means all damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, the act of nature, riot or civil disturbance, hail, flood or fire. “Loss of use” means the amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repair times the periodic rental rate shown on Page 1.
- Our Property. This Agreement is a contract for the rental of the Vehicle. You are not our agent. You acquire no rights other than those expressly stated in this Agreement. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR APPARENT, REFERRING TO THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. 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 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.
- RENTERS THIRD-PARTY LIABILITY RESPONSIBILITY: You agree that you and/or Your insurance company will be responsible for handling, defending, and paying all third-party claims for bodily injury, death, or property damage caused by or arising from the use or operation of the Car in an amount at least sufficient to satisfy applicable responsibility or other insurance laws. YOU AND ANY ADDITIONAL RENTER(S) INDEMNIFY AND HOLD THE OWNER/LESSOR HARMLESS FROM AND AGAINST, AND WILL DEFEND THE OWNER/LESSOR AGAINST , ANY AND ALL LOSS LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT THE USE OR OPERATION OF THE CAR DURING THE RENTAL, WHERE PERMITED BY LAW, OWNER/LESSOR DOES NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL EXCEPT AS MAY BE PROVIDED IN OPERATION SUPPLIMENTAL LIABILITY INSURANCE (WHERE AVAILABLE). Where the Owner/Lessor are required by law to provide third-party protection in spite of the terms of this Rental Agreement, it shall be secondary over any coverage provided you or any Additional Renter(s) under all other policies, and if so imposed, shall provide such protection in excess of all other coverage in an amount necessary to satisfy the minimum protection required by applicable law or statute. In the event of an accident, You will provide proof of financial responsibility as required by the state in which the accident occurs. WHERE PERMITED BY LAW, OWNER/LEESOR DOES NOT PROVIDE “UNISURED” MOTORIST OR MOTOR VEHICLE COVERAGE OR SUPPLIMENTRY “NO FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THIS RENTAL AND YOU AND WE HERBY REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION.
- Breach of Agreement: Unauthorized Use. If you violate the terms of this Agreement, including those listed in paragraph 3, above, and any unauthorized use of the vehicle, you will be liable for all damage to, including loss of use of the vehicle. Any breach of this agreement also voids any insurance coverage. Giving the vehicle to an unauthorized driver also terminates our liability insurance coverage, if any.
- Condition and return of the vehicle. The renter must return the vehicle to our rental office at the date and time specified. The vehicle remains subject to the terms and conditions of this agreement until it has been inspected and accepted by us. If the renter returns the vehicle after hours, the renter is still responsible for any damage to the vehicle until it has been inspected and accepted by us on the next business day, including theft. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain fluid levels and will pay for all damage to the vehicle due to driving with low fluid levels.
- Responsibility for Damage or Loss. If you do not accept and pay for PDW, or if PDW is voided, you are responsible and will pay us on demand, for all mission equipment, damage to, or loss of, the Vehicle while it is being repaired, diminution of the vehicle’s value caused by damage to it or repair of it, and all administrative costs we incur due to damage to, or loss of, the Vehicle, for which we are entitled by law to recover, regardless of whether or not you are at fault. If you accept and pay for PDW, and if PDW is not voided, your liability for physical damage will be limited to the amount indicated on page 1 of the is Agreement; you will still be responsible for all missing equipment and damage to, or loss of, the Vehicle, other than physical damage, for which we are entitled by law to recover.
- Insurance. RENTER AGREES TO MAINTAIN AUTOMOBILE INSURANCE during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage:
- Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured/underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle.
Renter’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the renter is providing automobile insurance, we are not. In states where the law requires us to provide insurance, we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The renter’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily insurance and property damage only. Our policy contains exclusion, conditions, and limitations applicable to anyone claiming coverage. Renter agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States and Canada. Renter must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico.
Where permitted by law, the renter rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, the renter is adored the minimum limits required by law.
Any breach of this agreement will void any insurance coverage.
- Charges. You will pay us on demand for: (a)time and mileage for the period during which you keep the Vehicle, plus our computation and actual mileage if the odometer or its seal is tampered with; (b) PDW, when we are allowed by law to offer it and you accept it; (c) gasoline, if you return the Vehicle with less gasoline than when rented; (d) applicable sales, use and other taxes; (e) loss of, or damage to, the Vehicle, which includes the cost of repair or the retail value of the Vehicle ‘s value caused by damage to it or repair of it, and any administrative fees, where allowed by law; (f) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us during your rental, unless these expenses are our fault; (g) all expenses we incur in locating and recovering the vehicle, if we elect to repossess the vehicle under the terms of this Agreement; (h) all costs, including pre and post-judgment attorney fees, we incur collecting payment due from you or otherwise enforcing our rights under this Agreement; (i) 1½% per month interest, or the maximum amount allowed by the laws of the state where the Vehicle is rented, for monies due us but not paid upon return of the Vehicle; and (j) $2/mile for every mile between the renting location and the place where the vehicle is returned abandoned.
- Deposit. We may use your deposit to pay any amounts owed to us under this agreement.
- Your Property. Your release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service Vehicle or in our offices, whether or not the loss or damage was caused by our negligence.
- Modifications. No term of this agreement can be waived or modified except by writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and a written amendment of the due-in date.
- Miscellaneous. No waiver by us of any breach of this Agreement will constitute 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 the Agreement will not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is deemed void unenforceable, the remaining provisions are valid and enforceable. This agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.
- Examination Under Oath (EUO). Renter, additional renter, and any other drivers or passengers must submit to an examination under oath (EUO) to help with the investigation of any claim or accident at the request of the insurance company.
- The primary renter and authorized additional renters to agree to confirm that all passengers are SEATED AND SAFELY BELTED in before the vehicle is put into motion. NO STANDING IN THE CART WHEN IN MOTION OR WHEN PARKED.
- The LOW-SPEED VEHICLE (“LSV”) must not be driven over curbs, bike paths, or sidewalks. The primary renter and authorized additional renters understand and agree that a rented LSV vehicle must be operated adhering to all normal rules of the road. OFF-ROADING PROHIBITED.
- The primary renter and authorized additional renters agree to give the right of way to faster-moving traffic when this can be done safely. DRIVE WITHIN THE “CART PATH” WHENEVER ONE IS AVAILABLE.
- The primary renter and authorized additional renters are responsible for maintaining the proper weight distribution of their passengers in the cart.
- NO DRINKING OF ALCOHOL while operating the LSV.
- The use of Earphones Airs Pods/Earbuds while operating the LSV IS NOT ALLOWED”. Use of cell phone prohibited while operating the LSV.
- The primary renter and authorized additional renters agree that no pets shall be permitted in the LSV.
- The primary renter or authorized additional renters understand that they are prohibited from traveling on any roadways that are not 35mph or less.
- In regards to gas cart rentals, the renter is responsible for ensuring the tank is full upon the completion of the rental period. All gasoline carts use 87 Unleaded Regular gas. If the cart is not returned with a full tank of gas at the end of the rental period, the renter will be charged $5.00 per gallon of gas needed to fill up the take. If the renter purchases the pre-paid gas option, this does not apply.
- The customer is responsible for maintaining the proper percentage of charge (applies to electric LSVs) so the vehicle can be returned to the renting location.
- The primary renter and authorized additional renters accept the responsibility for any charges to their credit card for the recovery of a vehicle that was not able to return to the renting location because of the following:
a) Low charge-(electric LSVs)
- b) Vehicle was impounded
- c) Any vehicle that required repossession.
- In the case of lost, damaged or stolen vehicles the renter must notify ZoomAround via phone call immediately within 1 hour of the incident.
- The primary renter assumes responsibility for any unpaid parking tickets in addition to any surcharges that may apply.
- Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including the cost for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes.
- Additional hourly (late) rate fee for each hour, up to 4 hours is $75 PER HOUR. Any cart not returned within 2 hours of the return date and time listed above (and who has not extended their return date prior to returning the equipment), will be charged and additional current daily rate, as follows: 1.5 times the current daily rate. Example… If the current daily rate is $150, the daily rate, a late fee will be $225 for the additional day. TO AVOID, PLEASE RETURN ON OR BEFORE THE RETURN DATE AND TIME.
- Lost and Unreturned Keys are subject to a $25 per key charge.
- CREDIT CARD AUTHORIZATION: I agree to pay any additional charges that may occur while rental LSV is in my possession, such as but not limited to, additional days, traffic violations, parking tickets, fuel, mileage, taxes, etc.
Cancellation & Refund Policy – The primary renter can call 833-966-6276 and speak with a ZoomAround representative or email (firstname.lastname@example.org) requesting a cancellation at least 72 hours in advance of the rental starting time for a full refund. If the primary renter notifies ZoomAround less than 72 hours before the start of the rental period, the renter forfeits their 20% deposit or 20% of the paid-in-full amount. If the primary renter does not inform ZoomAround of their request to cancel until 24 hours or less until the rental period begins (including no-shows), the renter will charged the full amount of the rental agreement.
By signing this electronic document, the primary renter and additional renter(s) are attesting that they have read this entire agreement; including but not limited to the terms and conditions, warnings, and credit card authorization, and that they understand the agreement and agree to the agreement.