2000 E Cotton St, Longview, Texas
EQUIPMENT RENTAL CONTRACT TERMS AND CONDITIONS
The Lessor hereby rents to the Lessee, identified by his signature on this contract the personal property described. Subject to all terms and conditions of contract: The Lessee in consideration thereof, acknowledges and agrees as follows:
1. INSPECTION. The Lessee acknowledges that he/she has personally inspected the equipment and finds it suitable for his needs and in good condition. That he/she understands its proper use and agrees to inspect the equipment prior to use and notify the Lessor of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor is not responsible for any incidental or consequential damage caused by delays or otherwise.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for the Lessee's intended use, or that it is free from defects.
4. HOLD HARMLESS AGREEMENT. The Lessee agrees to assume the risks of and hold the Lessor harmless for property damage and personal injuries, including death, caused by the equipment and/or arising out of the Lessor's negligence. The Lessee shall indemnify and hold the Lessor harmless from any claims of loss arising while in the Lessee's possession, use, maintenance or return of equipment. This includes legal cost incurred in defense of such claims.
5. PROHIBITED USES. Use of equipment in the following circumstances is prohibited and constitutes a breach of contract: (a) Use for illegal purposes or in an illegal manner. (b) Improper. unintended use, or misuse. (c) Use by anyone other than the Lessee or his employees, without the Lessor's written permission. (d) Use at any location other than the address furnished to the Lessor without the Lessor's written permission, except trailers.
6. ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT. The Lessor may assign its rights under this contract without the Lessee's consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.
7. TIME OF RETURN. The Lessee's right to possession terminates on expiration of rental period. Retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
8. RETURN OF EQUIPMENT/VEHICLE. At the termination of this agreement, Lessee shall return all of the Equipment/Vehicles to Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring during the rental period. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
9. DAMAGED OR LOST EQUIPMENT. The Lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear when equipment is out of possession of The Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Replacement Cost when rented.
9A. DAMAGE WAIVER. No waiver is offered. The lessee must provide a current insurance certificate that names the lessee as additional insured. Lessee agrees to responsibility of any negligence or neglect that are set forth below in section 9 a-e.
10. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance. The Lessor in his/her own discretion may report as stolen all personal property not returned within the date listed in the "Date and Time Due In" section of the contract or if conditions and circumstances indicate theft before that time.
11. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of the Lessor's rights under this contract.
12. REPOSSESSION. Upon failure to pay or other breach of this contract the Lessor may terminate this contract for breach. The Lessor may terminate this contract and take possession of equipment from wherever it is, and the Lessor and his agents shall not be liable for any claims of damage arising out of the removal of equipment.
13. DISCLAIMER OF MANUFACTURE. The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer.
14. LOADING AND UNLOADING EQUIPMENT. During loading or unloading the equipment, the Lessee agrees to assume the risk of, and hold the Lessor harmless of any property damage or personal injuries. This includes damage or injuries attributable to the negligence of the Lessor and his/her employees.
15. INSPECTION OF THE TRAILER HITCH. The Lessee agrees to inspect the trailer coupling mechanism and safety chain before leaving the Lessor's premises. The Lessee also agrees to inspect the equipment periodically (every 100 mi.) and to maintain the coupling and chain in a safe and secure condition.
16. WAIVER OF CLAIMS. The Lessee waives all claims for personal injury, property damage to the transported equipment. This includes loss of time, or inconvenience arising out of the use of a trailer, or any accident, or breakdown.
17. DAMAGE TO BUMPERS. The Lessor is not liable for damage to the Lessor's bumper or automobile.
18. ACCIDENT NOTIFICATION. The Lessee will immediately notify the Lessor in the event of any accident.
19. OVERDUE ACCOUNTS. Accounts are due and payable at the termination of the rental period. A service charge may be assessed on all overdue accounts.
20. Fuel Service. Rentals come with a full tank of fuel and must be returned with a full tank. Lessor agrees to pay the fuel charge plus a $50.00 refueling fee if returned not full.
PREFERRED RENTAL, LLC.
Rental Terms and Conditions for Vehicle Rental
These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and a return record with the computed rental charges together constitute the rental agreement (collectively, “Agreement”) between you and Preferred Rental LLC., and any affiliate conducting business under the Preferred brand or independent Preferred System Licensee identified in the Agreement (collectively, “Preferred”). “We”, “our”, and “us” means Preferred, and “you” and “your” means the person who signs the Agreement. You agree that you are not our agent for any purpose and that you cannot assign or transfer your obligations under this Agreement. You rent from us the Vehicle described in the Agreement, which rental is solely a bailment for mutual benefit. By renting a Vehicle from Preferred, you agree to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. You agree that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If you breach the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with you, and/or asserting claims against you for any damages we incur because of your breach.
You should keep handy the following phone numbers during your rental:
o For rental extension requests: 903-230-2300 or 903-738-3787
1. Vehicle Use Terms.
1.1 Who May Drive the Vehicle. Only you may operate the Vehicle, except as provided below. You represent that you are a capable and validly licensed driver. You represent that the license you provided is valid, and that it is not modified, suspended, revoked, or restricted. Digital and temporary licenses are not acceptable for the purposes of the rental. You acknowledge that we may use a device or application to scan your license for purposes such as verifying its authenticity, confirming your identity, or as authorized under Applicable Law. By providing us with your license, you consent to this scanning and the use of your personal information as described in our Privacy Notice at Preferred.com/privacy. We reserve the right to deny any rental or to terminate this rental in our sole discretion. Except where specifically required 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 Vehicle, but only with your prior permission. Authorized Drivers must be (i) at least 25 years old (or in some states, at least 18 years old), and (ii) capable and validly licensed drivers in possession of a license that is not modified, suspended, revoked, or restricted. Where permitted by Applicable Law, we may charge a fee for each additional Authorized Driver, which charge is specified in the Agreement. You are responsible for ensuring that the Vehicle is used according to the terms of this Agreement by all Authorized Drivers. You agree that you will remain financially responsible under the Agreement even if the car is operated by an Authorized Driver or someone other than yourself.
1.2 Keeping the Vehicle Safe and Secure. You, and any Authorized Driver, must operate and park the Vehicle in compliance with all laws, regulations, and ordinances, including using child safety seats and passenger safety restraints wherever required by Applicable Law. You, and any Authorized Driver, must refrain from using mobile phones or other handheld devices while operating the Vehicle and must otherwise exercise sound judgment and safe-driving practices while operating the Vehicle. You may not leave the Vehicle unattended unless all windows, doors and trunks are closed and locked, and the Vehicle is in a secure location where you are allowed to park. You must take reasonable precautions to safeguard the keys to the Vehicle from anyone other than yourself and any Authorized Driver.
1.3 No Smoking or Vaping. We maintain a 100% smoke-free fleet. No one may smoke or vape any substance inside or immediately surrounding the Vehicle. If, in our sole discretion, we determine the Vehicle smells of smoke, vape or any other substance, we may charge you a fee.
1.4 Returning the Vehicle.
1.4(a) When to Return the Vehicle. You must return the Vehicle in the same condition you received it, ordinary wear and tear excepted, at the Designated Return Time identified in the Agreement. 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 may also be charged a late return fee. You may not return the Vehicle to a location when the location is closed. If you do so, we will treat the Vehicle as though it was not returned until the location reopens and we take actual possession of the Vehicle. You will remain responsible for daily charges, late fees, damages, and/or loss until we take actual possession of the Vehicle, including its keys. If we do not find the Vehicle when the location reopens, you are responsible for all charges and for damage to or loss of the Vehicle until the Vehicle is returned or recovered. If you wish to extend any rental contract, you must contact us at 903-230-2300 prior to the Designated Return Time. We may grant or deny an extension, in our sole discretion, for part of or the entire period you request. If we do grant an extension, a different or higher rate and a service fee may apply to the extension period.
1.4(b) Where to Return the Vehicle. You must return the Vehicle to the Designated Return Location identified in the Agreement.
1.4(c) If You Fail to Return the Vehicle. If you fail to return the Vehicle at the Designated Return Time and to the Designated Return Location, subject to any approved extensions or modifications described in Paragraph 1.4(b), you will breach this Agreement. We may, at our discretion and subject to any notice requirements imposed by Applicable Law, treat your failure to return the Vehicle according to the terms of this Agreement as a theft or other illegal taking. You may be charged for any fees associated with the failure to return the Vehicle, and any payment by the payment card does not constitute a waiver of our right to treat the Vehicle as stolen.
1.5 Vehicle Use Prohibitions and Responsibilities. Certain uses of the Vehicle and other things you or another person may do, or fail to do, will violate this Agreement. ANY VIOLATION OF THIS PARAGRAPH CONSTITUTES AN AUTOMATIC BREACH OF THE AGREEMENT AND GROUNDS FOR US TO DEMAND IMMEDIATE RETURN OF THE VEHICLE AND, WHERE PERMITTED BY APPLICABLE LAW, TO RETAKE POSSESSION OF THE VEHICLE. ANY VIOLATION OF THIS PARAGRAPH IS ALSO AN EXCLUSION FROM, AND AUTOMATICALLY VOIDS, ALL LIABILITY PROTECTION AND ANY AND ALL PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ENTIRE SUPPLEMENTAL LIABILITY INSURANCE POLICY, PERSONAL ACCIDENT AND EFFECTS INSURANCE, EXTENDED ROADSIDE ASSISTANCE, LOSS DAMAGE WAIVER, AND PARTIAL LOSS DAMAGE WAIVER. YOU WILL ALSO BE LIABLE FOR ANY PENALTIES, FINES, FORFEITURES, LIENS, RECOVERY COSTS, AND STORAGE COSTS, AS WELL AS ANY RELATED LEGAL FEES, EXPENSES, AND COSTS (INCLUDING ON APPEAL), WE MAY INCUR AS A RESULT.
1.5(a) Prohibited Uses of the Vehicle. You will violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:
1.5(a)(1) Allow anyone except you or an Authorized Driver to operate the Vehicle.
1.5(a)(2) Use the Vehicle to carry passengers or property for hire.
1.5(a)(3) Use the Vehicle to tow or push anything.
1.5(a)(4) Operate the Vehicle while (i) under the influence of alcohol or any other substance that Applicable Law prohibits the use of while driving; or (ii) using a mobile phone or other hand-held device, unless it is in a hands-free mode.
1.5(a)(5) Use the Vehicle in connection with any conduct, other than a traffic infraction, that could properly be charged as a felony or misdemeanor or reckless driving, including the transportation of a controlled substance or contraband.
1.5(a)(6) Transport the Vehicle into Mexico, unless we give you express written permission.
1.5(a)(7) Use the Vehicle (i) to carry hazardous materials; (ii) in a test, race, or contest; (iii) on unpaved roads; and/or (iv) recklessly or while overloaded.
1.5(b) Responsibilities of Use. You will also violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:
1.5(b)(1) Fail to promptly report to us and, where required by Applicable Law, to law enforcement authorities, any damage to or loss of the Vehicle when it occurs or when you learn of it; fail to provide us with a written accident/incident report or fail to cooperate fully with our investigation; or fail to promptly report any interaction with law enforcement during your rental, as provided in Paragraph 3;
1.5(b)(2) Fail to secure the Vehicle as provided in Paragraph 1.2.
1.5(b)(3) Intentionally or with willful disregard cause or allow damage to the Vehicle.
1.5(b)(4) Return the Vehicle when the location is closed, and the Vehicle is subsequently damaged, stolen or vandalized, as provided in Paragraph 1.4 (including all subparts).
1.6 Misrepresentation/Repossession of the Vehicle. We can repossess the Vehicle at any time in our sole discretion for reasons that include but are not limited to the following: you obtained possession of the Vehicle through any fraud or misrepresentation; or the Vehicle is found illegally parked, is being used to violate the law or the terms of the Agreement or appears to be abandoned. You agree that we do not need to notify you in advance and that we may take any actions reasonably necessary to obtain possession of the Vehicle, 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 Vehicle or affecting the Vehicle’s operation. If the Vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the Vehicle. You agree that such costs will be charged to the payment card or account used to rent the Vehicle. If the Vehicle is repossessed because of fraud or misrepresentation, except where expressly prohibited by Applicable Law, liability protection and products or services will be automatically null and void, including but not limited to Supplemental Liability Insurance, Personal Accident and Effects Insurance, and Extended Roadside Assistance.
2. Daily Charges. You will pay the daily rate stated in the Agreement for each Day, or part of any Day, of the rental. The minimum charge is one Day, plus mileage or a fixed fee. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins.
2.1 Rate Eligibility Requirements. If at the time of booking, the rate in the Agreement is a conditional rate (such as a special rate, promotional rate, or corporate rate) or benefit discount code, and at the time of booking or at any time during your rental, you fail to meet the conditions of the rate, we will charge you the applicable default higher rate for similar rentals. An unauthorized use of a conditional rate or benefit discount code will be viewed as an unlawful use and theft of services for which Preferred can pursue legal remedies, including but not limited to reasonable attorneys’ fees and costs, and for which Preferred can void any associated discounts or rental benefits.
2.2 Tolls. You are responsible for payment of all tolls incurred during the rental period. You agree to pay a convenience fee of $5.95 for each day on which you incur a toll up to a maximum amount of $29.75 per rental period (not to exceed 30 days). In addition, you will pay all tolls incurred at the maximum prevailing non-discounted or cash rates posted by the toll authority, regardless of the actual toll amount.
2.3 Fuel Service. Rentals come with a full tank of fuel and must be returned with a full tank. Unleaded fuel is to be used on all Vehicles. Renter agrees to pay the fuel charge plus a $50.00 refueling fee if returned not full.
Returning the Vehicle with less fuel. If you return the Vehicle with less fuel than was in it when you received it, you will pay a fuel service charge at the applicable per-mile or per-gallon rate specified on the rental document. 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 Vehicle’s odometer, times the per-mile rate shown on the rental document. 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 Vehicle was when you received the Vehicle (by using the factory-installed gauge, rounded down to the nearest 1/8 tank, or by using telematics for connected cars, rounded down to the nearest 1/10 tank), times the per-gallon rate shown on the rental document. Although two methods are used for ease of calculation, the per-mile and per-gallon rates produce approximately the same result. Some of our vehicles are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your Vehicle has such a device, you will be charged for the actual amount of fuel needed to fill the tank based on the reading of this device. Fuel before you return. You may avoid a fuel service charge if you return the Vehicle with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
2.4 Miscellaneous Fees/Charges. Except where prohibited by Applicable Law, you will also pay us the following miscellaneous fees and charges, where applicable:
2.4(a) Surcharges, Fees, and Taxes. You will pay certain taxes, including sales, use, rental, environmental and excise taxes; customer facility fees; concession recovery fees; vehicle license recovery fees; tax-related surcharges; and other similar fees and charges imposed by local, state, federal, or other authorities.
2.4(b) Cleaning Fees. You will pay a reasonable fee for cleaning the Vehicle’s interior or exterior for what we determine in our sole discretion are excessive stains, trash, dirt, soilage, odors, or pet hair after the Vehicle is returned. If we discover any evidence of violation of our smoke-free and vape-free policy as provided in Paragraph 1.3, we may charge a fee for interior cleaning and for repair of any damage caused by your violation of this policy.
2.4(c) Authorized Drivers. We may charge a fee, as stated in your Agreement, for each additional Authorized Driver.
2.4(d) Youthful Drivers. We may charge a fee, where applicable, as stated in your Agreement, for any driver under the age of 25.
2.4(e) Extensions/Modifications. We may charge a $10 fee in addition to standard daily and mileage rates if we grant in our sole discretion your request to extend the Agreement or to return the Vehicle to any location other than the Designated Return Location.
2.4(f) Towing/Impound/Vehicle Delivery Fees. You will be charged actual towing charges and a commercially reasonable administrative charge. If you return the Vehicle to a location different from the location where the rental began (even if it is the Designated Return Location), we may charge an additional fee. If the Vehicle is not returned as required by this Agreement, in addition to any continued accrual of daily charges and late fees until we locate and take possession of the Vehicle, we may charge reasonable costs we incur in releasing the Vehicle from impound or storage and/or towing or delivering the Vehicle from where it was recovered.
2.4(g) Late Return Fees. In addition to the daily rental rate and any applicable mileage charges for excess use of the Vehicle, we may charge a fee not to exceed $195 if you do not return the Vehicle at or before the Designated Return Time.
2.4(h) Fines, Expenses, Costs, Cancellation Fees, and Administrative Fees. You agree to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against you. You also agree that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against us because of the operation or use of the Vehicle from the time you take possession of it until it is returned to us, you agree to indemnify us from all resulting damages, losses, costs, and expenses. We have no obligation to contest or otherwise defend you against any alleged infraction. Preferred Rental has the right to charge a cancellation fee up to $250.00 if notice is not given within 2 weeks of the scheduled rental.
You agree that we may, in our sole discretion if Applicable Law allows the fine to be assessed against us or the Vehicle, pay all tickets, citations, fines, and penalties on your behalf directly to the issuing authority and charge you unilaterally for the fine or penalty, plus court costs, attorneys’ fees, bonds or sureties, or other costs incurred by us as a result, including but not limited to impound fees or other costs to recover possession of the Vehicle. We may also charge you a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount we incur. You are strongly encouraged to promptly pay all fines, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against you directly to the court, county government, or other appropriate government agency, and to provide proof of payment to us, to avoid these additional charges.
Preferred Rental will be the agent for processing and billing any tickets, citations, fines, and penalties. You authorize us to release the rental and payment card information regarding your rental for the purpose of processing and billing you for any tickets, citations, fines, and penalties incurred by you or assessed against us or the vehicle during your rental. Also, where allowed by Applicable Law, a reasonable administrative fee not to exceed $50 per violation. You authorize Preferred Rental to contact you directly regarding any ticket, citation, fine, or penalty assessed in connection with the use of the Vehicle from the time you take possession until the time it is returned to us.
2.4(i) Key/Fob Recovery Fee. We may charge a fee to cover the cost to us for replacement if you do not return the same number of keys, key cards, fobs and/or remotes to the Vehicle that you received at the beginning of the rental.
2.5 You are Responsible for Payment. You agree that you are responsible for all charges arising out of this Agreement. If we are directed to bill any charges made under this Agreement to any third party, such as an employer or insurer, you represent that you are authorized to do so by the third party. You are jointly and severally liable with any third party to whom the billing is directed. We may perform a credit check on your method of payment to ensure worthiness before releasing the Vehicle. If we perform a credit check on your payment card, you may also be asked to present a second form of current identification.
2.6 Payment Card Reserve. If you use a payment card, including but not limited to a credit card or debit card, or a digital wallet or mobile payment application linked to your payment card, to make this rental reservation or to pay for the rental, you acknowledge that the card issuer may set aside or reserve an amount up to the greater of (i) the estimated total charges due under Paragraph 2 (including all subparts), as stated in the Agreement, or (ii) the deposit amount of $200.00. We are not responsible for any fees or charges by the payment card issuer because of the reservation, including overdraft fees. We will authorize the release of any excess reserve after the standard charges have been billed and the Vehicle has been returned to us according to this Agreement. We do not control payment card issuers, so we cannot guarantee the immediate availability of funds once we have released them. This Paragraph does not waive our right to make charges against your card more than the reservation or to make additional charges after we have released the reservation to the extent that the charges are otherwise authorized by this Agreement.
2.7 Errors/Adjustments. We will provide you with a preliminary statement of charges at or near the time you return the Vehicle. This statement is not final, and you may be responsible for additional charges, including but not limited to the following: fuel service charges; tolls, convenience fees, fines, citations, and penalties; charges for damage to the Vehicle; and other charges that have not yet been assessed or calculated as of the date of the statement. You will continue to be responsible for payment of further charges determined later and will receive a refund to the extent we review the preliminary statement and identify any excess charges. If you rent from us under your employer’s corporate account agreement, you acknowledge that we are entitled to contact your employer regarding any unpaid charges and to share with your employer any information you have shared with us in connection with this Agreement. If you do not rent using your employer’s corporate account agreement, you acknowledge that you are personally liable for all unpaid charges regardless of any agreement you may have with your employer or any other person for reimbursement of the charges.
2.8 Collections. You agree to pay a late fee of 1.5% per month (or the highest rate permitted by Applicable Law, whichever is less) for any amounts, including but not limited to charges, fees, tickets, expenses, fines, and all matters associated with the rental and/or damage to or loss of the Vehicle, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment. You also agree to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys’ fees (including on appeal) and insufficient funds fees for rejected checks. We may engage attorneys and/or third-party collection agents to collect unpaid charges. You agree that we are entitled to share any information provided by you in connection with this Agreement with our attorneys or third-party collection agents and that, except were prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third-party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from you. You understand that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and you authorize us to share the information necessary for such reporting.
3. Accidents/Incidents. You must report to us at 903-738-3787 any accident/incident involving the Vehicle as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages. You also must promptly report any accident/incident involving the Vehicle to law enforcement authorities if required to do so by Applicable Law. You must also immediately report to us at 903-738-3787 any incident related to the Vehicle involving law enforcement.
3.1 Vehicle Damage/Loss. If the Vehicle is lost or damaged as a direct or indirect result of a violation of Paragraph 1.5 (including all subparts), you are responsible and you will pay us for all loss of or damage to the Vehicle regardless of cause or who or what caused it, including but not limited to an act of nature. If the Vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s fair market retail value before it was damaged and the sale proceeds. Where permitted by Applicable 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 Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market retail value before it was stolen. As part of our loss, you will also pay for loss of use of the Vehicle, without regard to our fleet utilization, plus an administrative fee and appraisal, plus towing and storage charges, and diminished value, if any (“Incidental Loss”). If your responsibility is covered by any insurance, payment 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 Vehicle plus diminished value or the fair market retail value of the Vehicle (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. If the Applicable Law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different from the terms of the Agreement, such as if your liability for ordinary negligence is limited by such Applicable Law, that Applicable Law prevails. You understand that you are not authorized to repair or have the Vehicle repaired without our express prior written consent, and that if the Vehicle is repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental, per Paragraph 3.5 below.
3.2 Indemnification. Except where prohibited by Applicable Law, you will defend, indemnify, and hold us, and our parent and affiliated companies, harmless from all losses, liabilities, damages, claims, demands, awards costs, attorney fees, interest, and other expenses incurred by us in any manner from this rental transaction or from the use of the Vehicle by you or any person, regardless of whether that person is an Authorized Driver, including claims by third parties. You shall present a claim to your insurance carrier for such claims, events, and losses, but regardless, you will have final responsibility to us for all such claims, events, and losses. You agree that if the rental takes place at a location operated by an Preferred System Licensee, any claim by you, including one that alleges unfair, deceptive or unconscionable conduct, your sole right and remedy is against that Preferred System Licensee and not Preferred Rental LLC., its parent or any of its affiliated companies.
3.3 Liability Protection. We do not offer any insurance or coverage. Anyone driving the Vehicle who is authorized to drive it by the Agreement must provide a certificate of self-insurance or an insurance policy, or both, for rental. You understand that unless required by Applicable Law, we will not provide (a) any coverage for fines, penalties, punitive or exemplary damages; (b) any 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 driver’s family, or to a fellow employee arising out of or in the course of employment; (c) any 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 to the claimant; (d) supplementary no fault, noncompulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by Applicable Law. Where any of these coverages are required or implied by Applicable Law, the limits will be the minimum required under the applicable statute, and the coverage will be subject to any exclusions and limitations permitted by Applicable Law. Where permitted by Applicable 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 Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in the Vehicle for losses and damages suffered if injury is caused by the negligence of the driver of the non-rental vehicle who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no protection or coverage in Mexico, and the Vehicle may not be taken into Mexico under any circumstances, unless special arrangements are made at the renting location for separate Mexican insurance, where such insurance is available.
3.3(a) Third Party Liability Protection. Third Party Liability Protection for you (the renter), and any Authorized Driver, is not included in this rental agreement.
3.4 Assignment of Benefits/Insurance. If your responsibility for damage or loss is covered by any insurance, credit card benefit, travel insurance, or other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and to share any necessary information you have given to us in connection with this Agreement. You agree to cooperate with any request we may make for coverage under any such third-party benefits or insurance. If your responsibility is covered by any insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you authorize the benefit provider to handle and resolve the claim directly with us or our authorized representatives. Moreover, you assign your benefits directly to us to recover all consequential and incidental damages including but not limited to repairs of the Vehicle plus diminished value or the fair market retail value of the vehicle (less salvage value plus costs incurred in the salvage sale). You will remain primarily responsible and liable to pay us for any loss or damage, as provided in this Agreement, except payment we receive from the coverage provider. To the extent we recover any benefits from a third party that exceed the amount you owe us, we will set off or refund such overage, less our costs, including attorneys’ fees and interests.
3.5 Vehicle Repairs. You are not authorized to repair the Vehicle, and may not authorize repair by anyone else, without our express written consent. If you repair the Vehicle or have the Vehicle repaired without our consent, you will pay all costs we reasonably incur to restore the Vehicle to the condition it was in prior to your rental up to the fair market retail value of the Vehicle. If we authorize you to have the Vehicle repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt and the repair conforms to the authorization. To the extent your unauthorized repairs invalidate or in any way reduce the coverage of a warranty, you will be responsible for the costs of the invalidation of or reduction to the warranty. Where permitted by Applicable Law, you are also responsible for Diminished Value (“DV”) of the Vehicle, which is defined as the difference between the fair market value of the Vehicle immediately before the accident or incident giving rise to the repair and the fair market value of the Vehicle immediately after the repair. You are also responsible for any damages arising from the unauthorized repair of the Vehicle, including but not limited personal injury or diminution in resale value of the Vehicle.
4. Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and Preferred agree that each shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against Preferred, you must send the written notice of the claim to Attention: Preferred Rental LLC., 2000 East Cotton Street, Longview, Texas 75602 Attn: Legal Department. If Preferred intends to assert a claim against you, we will send written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30-day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by Applicable Law.) Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Preferred arising out of, relating to or in connection with your rental of a vehicle from Preferred and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. BOTH PARTIES WAIVE THE RIGHT TO JURY TRIAL. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.
YOU AND PREFERRED AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Preferred will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Rental Agreement to the contrary, the parties agree that if Preferred seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which you have already provided notice to Preferred. Information on AAA, its rules, and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.
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 vehicle related to your Preferred rental, are exempt from the foregoing dispute resolution provision.
5. Miscellaneous
6. Cooperation. You agree to cooperate and coordinate with Preferred generally and to take any actions Preferred reasonably requests in connection with (i) this Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Agreement or your use of the Vehicle, including without limitation, execution and delivery of any documents Preferred reasonably requests, giving testimony under oath, and taking any other actions Preferred reasonably requests related to this Agreement or your car rental.
7. Contact Information. You agree that we, or any of our third-party vendors, attorneys or agents in carrying out the terms of this Agreement on our behalf, may use and/or contact you at any telephone numbers (including via text message), email addresses, and physical addresses that you have provided to us in connection with this Agreement.
7.9 Definitions. Wherever we have used the following terms throughout this Agreement those terms have the following meaning:
7.9(a) “Agreement” refers to the Rental Terms and Conditions, Receipts and e-Receipts, documents signed by you or to which you have electronically consented, and any additional documents from us regarding your rental, and a return record with the computed rental charges.
7.9(b) “Applicable Law” means all laws and regulations applicable to this Agreement. You agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the state where the rental begins, without reference to its conflict of laws principles.
7.9(c) “Authorized Driver” means any person(s) other than you who may be authorized to operate the Vehicle as provided above.
7.9(d) “Day” means (i) a 24-hour period, beginning from the time your rental begins as noted in the Agreement, unless “calendar day” is stated on the Agreement, or (ii) each consecutive calendar day, or any part of a calendar day, but only if “calendar day” is stated on the Agreement.
7.9(e) “Designated Return Location” means the location identified in your Agreement for return of the Vehicle. If no return location is specified, the Designated Return Location is the same location where your rental commences.
7.9(f) “Designated Return Time” means the date and time identified in your Agreement for return of the Vehicle.
7.9(g) “Rental Terms and Conditions” means these terms and conditions, along with all included information, provided at the time of Vehicle rental.
7.9(h) “Vehicle” means the vehicle assigned to you and any replacement vehicle provided to you pursuant to this Agreement. The term “Vehicle” includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by Preferred with the Vehicle and separately rented to you by Preferred unless otherwise explicitly specified in the Agreement.
7.10 Captions. The captions or headings in this Agreement are made for convenience and general reference only and may not be construed to describe, define, or limit the scope or intent of the provisions of this Agreement.
You understand and agree that unless required by applicable law we will not provide: 1. coverage for fines, penalties, punitive or exemplary damages; 2. coverage for bodily injury to you or passengers, or any death, or any member of your family or the driver’s family; 3. defense against any claim after applicable limits or coverage that you furnish have been tendered; 4. supplementary no fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages where and to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.
Car Seats for Children. Pursuant to D.C. Code Section: § 50–1703, the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer’s instructions. A booster seat shall only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint if that person is transporting several of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.
Return of Car. WARNING - Failure to return the car you rent in accordance with the terms of the Rental Agreement may result in a criminal penalty of up to 3 years in jail.
LIABILITY FOR DAMAGE TO THE RENTAL CAR
The Rental Agreement makes you and any Authorized Driver liable for any damage to the rental car caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Total liability for any damage is limited to:
1) reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less, and
2) actual and reasonable towing costs, and for storage costs during the period before you notify the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.
LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN
If a person who drives the rental car without your authorization causes damage to the car, you may be liable for the damage as though you or an authorized person was driving the car unless you do all the following:
1) Refrain from leaving the ignition key in the car when you are not in the car.
2) Always keep the ignition key in your possession.
3) Immediately report to the local police if you learn the car has been stolen, or that an unauthorized person is driving the car.
4) Cooperate fully with the local police by providing any information you know that may be helpful.
INSURANCE OR CREDIT CARD COVERAGE
Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.
NOTICE OF RIGHT TO INSPECT DAMAGE
If the car is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified of your and your insurers’ right to inspect the unrepaired car within two working days after we were notified of the damage. If you request, we must also give you a copy of any estimate we have obtained from a repair shop regarding any damage claim. Within 2 working days after receiving that estimate, you may request a second estimate from a competing repair shop, and we must give you a copy of the second estimate.
How do I report a claim? If you are involved in an accident, you must complete an accident report and deliver it to the Preferred Rental location. To make a claim or give notice of a claim, send written notice to: Preferred Rental LLC., Attn: Claims: 2000East Cotton Street, Longview, TX 75602
Specific terms and conditions may be different where required by state law. Details are available in the Certificate of Insurance (or Policy in certain states) on file with Preferred which is available for inspection upon request. Preferred employees, agents, or endorsees are not qualified to evaluate the adequacy of the renter’s existing coverage.