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Vehicle Rental Agreement – Rideshare Rentals Inc.

Vehicle Rental Agreement

Terms and Conditions is made between Rideshare Rentals Service(owner), and Renter(“Renter”) signed electronically or in person by renter constitutes the agreement between Renter and Owner.  Owner and Renter are referred to as “Parties”.

 

Rideshare Rentals is a third party that facilitates transactions between car owners and car drivers by providing a platform.

 

Terms and conditions of this Agreement:

  • Agreement starts on the day the Renter takes possession of the Vehicle – in effect until Vehicle is returned.
  • Renter returns the vehicle at the end of the rental term unless the agreement is extended or terminated.
  • Price of the booking excludes late fees or other fees, costs, and expenses.
  • If rental is extended, renter will be charged the rental price, insurance fees, and transaction costs as they accrue daily.
  • Contract is valid until rental extensions commence or the vehicle is returned.
  • Contract will be valid as per applicable laws.

 

  1. Vehicle.
  • Includes tires, tools, equipment, accessories, plates, and documents, unless otherwise specified in this agreement.

 

  1. Changes.
  • Any change must be in writing and signed by Owner.
  • Renter agrees that Owner can change Terms and Conditions whether it be written notice, paper or electronically, or upon web site changes.
  • Changes will be posted as seen on the web site and will govern all rentals even if the terms provided at time of enrollment are different.

 

  1. Authorized Drivers.
  • Renter is the only one authorized to drive – must be > 21 years old with a valid driver’s license.
  • All other drivers are prohibited from operating the vehicle.
  • Owner can refuse to rent if renters license has been suspended, revoked, otherwise restricted in any way.

 

  1. Rental charge.
  • If vehicle is returned with stains, dirt or soilage attributable to Renter’s use, they must pay a fee according to the Owner.
  • If keys are not returned with the vehicle – additional fee.
  • Additional charge if car returned smelling like smoke.
  • Renter pays for all tolls incurred during rental period, charges and penalties – charges may take 4-8 weeks after the rental to be billed to your credit/debit card on file.

 

Renter shall pay other charges in accordance with this Agreement due upon return of Vehicle, to the fullest extent allowed by law, including but not limited to:

 

  1. a)      Loss of, or damage to Vehicle, loss of use of the Vehicle’s value due to damage or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; Renter authorizes Owner to charge $2300 insurance deductible on payment method on file.
  2. e)      Daily rent + $10 late fee, beginning at 5:00pm the day after the car should have been returned
  3. f)       All fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Vehicle assessed against Owner or the Vehicle during the rental Term.
  4. g)      All expenses Owner incurs related to Renter’s failure to return the Vehicle, including costs of locating and recovering the Vehicle if neccessary.
  5. h)      8% interest per month for monies 15 days past due.
  6. j)       $25.00 for Renter’s payments that are stopped, rejected for non-sufficient funds, or any other reason

 

  1. Security Deposit.
  • In addition to the fees listed in Section 5, Renter shall pay a deposit of $150 at the time this Agreement is signed. Owner may use the deposit funds to cover any amounts due under this Agreement in the event Renter refuses to pay or leaves an outstanding balance.

 

  1. Card Reserve. 
  • Renter acknowledge credit or debit card will be charged up to an amount of the estimated total charges due
  • If you use a debit card, 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 as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental.
  • Renter consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental.

 

  1. Return of Vehicle. 
  • Vehicle must be returned to the address where vehicle is picked up or an agreed upon return location by the parties.

 

  1. Lack of extension or Communication.
  • If Renter does not extend or communicate with Owner, the Vehicle is assumed to be lost after 3 days and reported as stolen.
  • It will also be reported to credit reporting agencies.

 

  1. Repossessing the vehicle. 
  • Owner can repossess the vehicle at any time in their sole discretions for reasons such as: Late payment, it is found illegally parked, used to violate the law or terms of this agreement, or appears to be abandoned.
  • If vehicle is repossessed, renter agree’s to pay actual and reasonable costs incurred to reclaim the vehicle.

 

  • Renter agrees to gain a full understanding of the insurance policy and understands there is a $2800 deductible for any damages.
  • Insurance expires at exact date and time of the rental start time and end time.
  • No claim will be adjusted after expiration of insurance, which is valid ONLY during rental duration.

 

  1. Prohibited Use of the Vehicle.
  • Certain uses of the Vehicle that will violate this 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 ADDITIONAL LIABILITY INSURANCE PERSONAL ACCIDENT INSURANCE, IT ALSO MAKES YOU LIABLE FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.

 

It is a violation of this paragraph if:

 

Renter use or permit the Vehicle to be used: 1) by anyone other than an authorized driver, 2) to tow or push anything; 3) to be operated in a race or contest, or on unpaved roads; 4) while under the influence of alcohol and/or a controlled substance; 5) for conduct that could be charged as a crime, including transportation of a controlled substances or contraband; 6) recklessly or while overloaded

 

Renter, authorized or not: 1) fail to report any damage to or loss of the vehicle immediately when it occurs, or when you learn of it, and provide a written accident/incident report or fail to cooperate with owners investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained vehicle through fraud or misrepresentation; 4) leave vehicle and fail to remove keys or close and lock all doors, all windows and trunk and vehicle is stolen or vandalized; 5) intentionally cause or allow damage to the vehicle, or 6) return the vehicle after hours and vehicle is damaged, or vandalized or otherwise failed to take reasonable steps to secure the vehicle, its keys or other remote entry and starting devices.

 

  1. Repairs or Loss.
  • Vehicle shall not be serviced or repaired, parts and accessories shall not be replaced without Owner’s prior consent.
  • Renter is responsible for any loss or damage to Vehicle, and loss of Vehicle’s value caused by damage or repair to it and missing equipment.

 

  • Vehicle is required to be returned with the same amount of fuel.
  • If returned with less fuel when Renter received it, Owner is subject to a fuel service charge at the applicable rate.

 

  1. e-Toll. 
  • Renter agrees to pay for all tolls incurred during rental and all related fees, charges and penalties.
  • Charges may take 4-8 weeks after the rental to be billed to your credit card/debit card.

 

  1. Fines, Expenses, Costs and Administrative Fees.
  • Renter agrees to pay all fines, penalties and court costs for parking, traffic, toll and other violations, including any charges during the rental period.
  • Renter will pay an administrative fee with respect to any violation of this agreement, such as for repossessing or recovering the car for any reason.
  • Renter agree Owner may, pay all tickets, fines and penalties on your behalf directly to the appropriate authority and Renter will pay Owner plus a reasonable administrative fee.

 

  1. Condition of Vehicle.
  • Condition of Vehicle Checklist (“Checklist”) Renter acknowledges that Renter has examined the Vehicle and that it is in good condition except as otherwise specified in the Checklist.
  • OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Return of Vehicle.
  • Renter shall return Vehicle on the date specified in the same condition as Renter received it, except for normal wear and tear.
  • Renter shall return the Vehicle to agreed return location.
  • If Vehicle is not returned on specified date, Owner reserves the right to take any legal action necessary to regain possession of the Vehicle.

 

  • Agreement shall terminate on return date, unless extended.
  • Owner reserves the right to terminate Agreement earlier upon notice to Renter.

 

  1. Error in Rental Charges.
  • Charges shown on return record are not final and subject to review/change.
  • Renters pay any undercharges and will receive a refund for any overcharges.

 

  1. Collections.
  • If Renter does not pay all amounts due under this Agreement, including all matters associated with the rental of the vehicle including, payment for loss or damage to the vehicle, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, Owner will inforce:
    • Renter to agree to pay a late charge of 1.5% /month on past due balance or highest rate permitted by applicable law
    • Renter agree to pay for any costs incurred to collect charges including, court costs and attorney’s fees, and any administrative fees, cost recovery, and collection fees.
    • Renter agrees that Owner or collection agent(s) may access the personal information that you provided in any effort to collect Charges or Costs and may use the address provided by Renter on the Rental Document, or in any customer profile, as the place to send any demands or collection notices.

 

  1. Property in the Vehicle.
  • Renter is responsible for claims by others for loss or damage.

 

  1. Use of GPS Tracking Devices.
  • Owner uses GPS tracking devices to track or locate vehicle which may be reported stolen, suspected of being stolen or as may be required by law enforcement, or to identify vehicles which have been damaged and may require roadside assistance.

 

  1. Credit Report and background check.
  • Renter authorizes Owner to run a consumer credit report and background check to qualify Renter’s ability to enter into this Agreement.

 

  1. Indemnification and Liability.
  • IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF VEHICLE, INCLUDING LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF VEHICLE, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • Owner always retains ownership and title to the Vehicle.
  • Renter shall immediately notify Owner in event Vehicle is levied, has a lien attached or is threatened with seizure as a result of Renter’s action, possession, or use of the Vehicle.
  • Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action.

 

  1. Waiver.
  • No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches, and the waiver of any breach shall not act as a waiver of subsequent breaches.
  • Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

 

  1. Entire Agreement.
  • This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications.
  • This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

 

  • Paragraph headings used in this Agreement are only for reference and shall not be relied upon in the interpretation of this Agreement.

 

  • This Agreement may be executed in two or more counterparts, each deem an original, but all of which together shall constitute one and the same document.

 

  1. Consent to Contact.
  • Renter authorizes and consents to Owner, that contacting Renter by telephone call by any live person or entirely pre-recorded message to any landline or cell phone Renter is allowed.
  • Renter further authorizes and consents to communications by e-mail, text message, SMS, to any provided private line.
  • Renter also agrees that Owner, or Distinct Cars from time to time, may contact you beyond 18 months, with no limitation on the time length duration for when Owner, or Distinct Cars may contact you.
  • Renter understands they may revoke this consent to contact by Owner by sending written notice.

 

  1. Choice of Law and Venue.
  • This contract shall be interpreted in accordance with the laws of Ontario.
  • Any legal proceeding, arbitration, or mediation shall proceed in a court or venue of competent jurisdiction in Ontario

 

  1. Attorneys Fees and Costs.
  • In any legal action, proceeding, arbitration, or mediation, the prevailing party shall be entitled to reasonable attorneys fees and costs of prosecuting and/or defending itself.
  • The only exception to the preceding provision is that for any arbitration or mediation fees for the arbitrator, arbitration organization’s costs, mediator, or mediation organization’s costs, shall be borne evenly between the disputing parties without recovery.

 

Vehicle:

Vin:

Plate:

 

Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.

 

Renter’s Printed Name:

 

Signature:

 

Date:

 

Owner’s Printed Name:

 

Signature:

 

By agreeing to the terms and conditions electronically is the same effect as signing this agreement

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