ADVENTURE ALASKA CAR RENTALS TERMS AND CONDITIONS
- Definitions. “Agreement” limns all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. “You” or “your’ means the person identified as the renter on the reverse, any Authorized Driver and any person or organization to whom charges are billed by us at its or your direction, All persons defined as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the rental company named on the reverse, “Authorized Driver” means you, and any additional driver approved and listed by us on this Agreement, provided that person has a valid driver’s license and is at least 21 years of age. “Vehicle” means the automobile or truck identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, appliances, keys and vehicle documents. “CDW” means Collision Damage Waiver. “Damage” means damage to and loss of, the Vehicle caused by collision or upset and includes damage to or loss of the Vehicle as well as MO, loss of use, storage, impound, towing and administrative charges regardless of fault. “Loss of use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired, times the daily rental rate.
- Rental, Indemnity and Warranties. This Agreement is a contract for the rental of the Vehicle. 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 agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose,
- Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and its the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental insist have our prior approval. You must check and maintain all fluid levels.
- Responsibility for Damage or Loss; Reporting to Police. You are responsible for all Damage to or loss of, the Vehicle, loss of use of the Vehilce while it is being repaired, diminution of hte Vehicle’s value caused by damage to it or repair of it, missing equipmet, and a reasonable charge to cover our administrative expenses connected with any damage claim, regardless of whether or not you are at fault. You ‘mist report all Damage to the vehicle, all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You must report all accident involving the Vehicle to us within 24 hours of occurrence,
- Damage Waiver. If you elect to purchase COW, we waive our right to collect from you for a portion of Damage to the Vehicle. You must pay for CDW when you return the Vehicle or when the rental is terminated in order for CDW to be effective. CDW is not insurance, “Damage” means damage to, or loss of, the Vehicle caused by collision; it doesn not include damage to, or loss of, the Vehicle due tothefl, vandalism, act of nature, riot or civil disturbance, hail, flood, avalanche, or fire. CDW is void if: a) the Vehicle is used: (i) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law; (v) to carry persons or property for hire; (vi) to push or tow anything; (vii) in any race, speed test or contest; (viii) to teach anyone to drive; (ix) to carry dangerous or hazardous items or illegal materiel; (x) outside the state of Alaska; (xi) when loaded byond its capacity; (xii) on unpaved roads; (xiii) to transport more persons than the Vehicle has scat belts, or to carry pesons outside the passenger compartment; (xiv) to transport children without approved child safety seats as required by law; (xv) whent he odometer has been tampered with or disconnected; (xvi) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (xvii) 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; (xviii) in a manner that causes damage to the vehicle clue to inadequately secured cargo; (xix) where applicable, by anyone who lacks experience operating it Manual transmisison; or b) you commit a willful, wanton or reckless act with the vehicle, including giving the vehicle to someone other than an Authorized Driver, or by failing to summon the police to any accident involving personal injury or property damage; (c) damage to the Vehicle is euased intentionally or by your wanton, willful or reckless conduct or miscondut; or, (c1) damage is caused by an animal transported in the Vehicle.
- Liability Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability and comprehensive insurance covering you, us and the Vehicle. If you have auto liability insurance, we provide no liability insurance. 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 secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. You and we reject
PIP, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage applies its the United States, its territories and possessions, and Canada. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in a loss investigation. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any.
- Charges. You agree to pay us on demand for all charges due us under this Agreement, including, but not limited to: (a) time and mileage for the period during which you keep the Vehicle, or a mileage charged -based on our experience if the odometer or its seal is tampered with or disconnected; (b) charges for additional drivers; (a) charges for the optional services you elected to purchase; (d) gasoline and a reasonable refueling charge, if you return the Vehicle with less gasoline than when rented; (e) applicable sales, use and other taxes; (I) loss of, or damage to, the Vehicle, which includes the cost of repair, or the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the vehicle’s value caused by damage to it or repair of it, and our administrative expenses incurred processing the claim; (g) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the vehicle plus an administrative fee of $100 if we have to collect the expenses from you, unless these expenses are our fault; (h) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (i) all costs, including pro- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (j) a 2% per month late
payment fee , or the maximum amount allowed by law (if lower than 2%) on all amounts past due; (k) I’ % per month interest, or the maximum amount allowed by law (if lower than I ‘A%) on monies due us but not paid upon return of the Vehicle; (I) a minimum of $50, plus $20/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; (m) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check backed by insufficient funds; and (n) a reasonable fee to clean the Vehicle if returned less clean than when rented.
- Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
- Your Property. You 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 or was otherwise our responsibility.
- Breach of Agreement. The acts listed its paragraphs 5(a) through (d), above, are breaches of this Agreement. If you breach this Agreement, you are liable for all damage to, or loss of the Vehicle caused by your breach. Allowing anyone other than an Authorized Driver to drive the vehicle is a willful, wanton and reckless act and is a breach of 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. You release its from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. The maximum amount of damages you may recover from its is a refund of the total rental charges you paid to us.
- Modifications, No term of this Agreement can be waived or modified except by a 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 written amendment by us of the due•itt date. This Agreement constitutes Mc entire agreement between you and us. All prior representations and agreements between you and its regarding this rental are merged into this Agreement.
- Miscellaneous. No waiver by its daily breach of this Agreement constitutes 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. If the Vehicle is inoperable for more than 24 hours, our liability to you is limited to the daily rental rate nines the number of days the Vehicle is inoperable. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable