Skip the Counter Check-in

For Non-U.S./Non-Canadian Residents: The below Rental Agreement becomes effective and is deemed to be accepted by you when you take possession of a vehicle in the U.S.

For U.S/Canadian Residents: You will agree to the below Rental Agreement when you click on the “I Accept” button at a rental kiosk or via an internet rental, or via Online Check-in.

ALAMO RENTAL AGREEMENT TERMS AND CONDITIONS

1. Contracting Parties: The Rental Agreement is between the person renting the car (hereinafter “Renter") and one of the subsidiaries of Enterprise Holdings, Inc., as listed in Section 30, below, or an independent Alamo Rent A Car licensee (“Licensee”) from which you rent the car, or any of their successors and/or assigns (hereinafter collectively, “Owner”) as identified to the Renter. The Rental Agreement shall only apply to and cover vehicle rentals by Owner to a customer from a rental facility which is operated under the “Alamo Rent A Car” brand name and shall not apply to or cover vehicles under the National Car Rental or Enterprise Rent-A-Car brand names.

2. Conclusion of Rental Agreement: If you are a resident of the U.S. or Canada, the Rental Agreement will be binding on you when you click on the “I Accept” button at a rental kiosk or via an internet rental, or via Online Check-in thereby confirming that you have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Rental Agreement, which also includes , any optional product brochures provided to Renter in connection with this rental, and, for kiosk renters, the Rental Agreement Summary, and, for internet renters, the Reservation Details hereof for the Rental Period whether or not subsequent Agreements are executed by Renter or if Owner assigns a new Agreement number during the Rental Period for the purpose of invoicing Renter. Where the front of the Rental Agreement (for kiosk renters, the front refers to the charges information and any language Renter additionally accepts and may choose to print with the Rental Agreement Summary; for internet renters, the front refers to the Reservation Details and any language appearing in the Notices at the end of the Agreement) contains language that differs from that in the Jacket, the language on the front governs. If you are a resident outside of the U.S. or Canada, the Rental Agreement becomes effective and is deemed to be accepted by you when you take possession of a vehicle in the US, thereby confirming that you have read, are aware of, and will accept full responsibility for and are bound by the terms and conditions contained in this Rental Agreement.

3. Third party billing; verification: Renter expressly acknowledges that Renter and Owner are the only parties to this Rental Agreement, notwithstanding that a reservation for Vehicle may have been arranged by a third party; that a third party may pay for all or part of the rental bill; and/or that a third party on behalf of the renter may negotiate certain terms of the rental, including but not limited to the type of Vehicle, length of rental, rental rate and/or selection of optional products on behalf of the renter. For matters arising from this Rental Agreement, Renter authorizes Owner to verify and/or obtain, through credit agencies or other sources, Renter’s personal, credit and/or insurance information. This Rental Agreement is the entire agreement between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.

4. Definitions: For the purposes of this Rental Agreement, the following terms are specifically defined:

a. ADDITIONAL AUTHORIZED DRIVER(S)” (AAD(s)) means any individual, in addition to Renter, who is permitted by Owner, State law or separate agreement (i.e. Corporate, Tour) to operate the Vehicle. This
includes individuals identified on the Agreement as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license, an additional fee may apply.”

b. “Optional Accessories” means but is not limited to optional Child Seats, Global Positioning Systems, ski racks, toll transponders and/or other products accepted by Renter.

c. “Rental Period” means the period between the time Renter takes possession of Vehicle and the time Vehicle is returned and checked in by Owner, except in the case of Reservation Periods longer than 30 days in which the initial Rental Period is the period between the time Renter takes possession of Vehicle and 30 consecutive days thereafter.  Each subsequent 30 day period (or portion thereof) is a Rental Period until Vehicle is returned and checked in by Owner.

d. “Return Location” means the original rental location or the location specified in the reservation. 

e. “Vehicle” means the original vehicle received in connection with a rental and any replacement vehicle(s).

f. “United States” means the 50 United States, District of Columbia, and Puerto Rico.

5. Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its Affiliate, even if owned, registered or titled to a third party. Renter agrees Renter received Vehicle and Optional Accessories in good physical and mechanical condition. RENTER IS RENTING VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND ITS OPERATION BEFORE LEAVING OWNER’S PREMISES. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to or tamper with alter Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.

6. Payment by Renter.

a. For items designated as either“/hour”, “/day”, “/week” or “/month” (1) “/hour” is 60 consecutive minutes or any portion thereof, beginning 30 minutes after the start time of the rental, (2) “/day” is each consecutive 24 hour period beginning after the start time of the rental, (3) “/week” is 7 consecutive 24 hour days beginning after the start time of the rental, (4) “/month” is 30 consecutive 24 hour days beginning after the start time of the rental, (5) all charges are for a minimum of 1 day.

b. Renter shall pay Owner for:

(1) The hour, day, week and month charges for the Rental Period. The “/hour” charge shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Return Location, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.

(2) The charge per mile or kilometers for all miles or kilometers exceeding the free miles or kilometers permitted for the Rental Period.

(3) The Optional Accessories, services and/or products charges for those items accepted by Renter.

(4) The optional Verified Carbon Offsets (CO2 OFFSET) accepted by Renter are an optional environmental service designed to offset the greenhouse gases emitted by Vehicle. Owner remits amounts collected to an independent 3rd party provider. See www.keystogreen.com for more information. The estimated emissions produced by Vehicle are based on the average mileage and fuel economy of vehicles in the rental fleet and are not calculated based on the emissions of a particular vehicle.

(5) The optional Tollpass service accepted by Renter provides for the daily rental of a toll collection transponder (Tollpass Transponder Service) or, in some states or provinces, the use of video-monitored toll collection services (Tollpass Automatic Service, and together with the Tollpass Transponder Service, collectively the Tollpass Service). In addition to the daily charge for the Tollpass Service, Owner, its affiliate or a third party may separately charge Renter’s credit or debit card (or bill Renter, as applicable, for cash rentals) for each toll (or other charge) incurred using the Tollpass Service during the Rental Period on covered roads within the Tollpass Service area at the higher of the applicable toll authority’s video toll rate, cash toll rate or highest undiscounted toll rate. Renter expressly authorizes Owner or its affiliate to transfer to a third party Renter’s name, address, credit/debit card information, and other data necessary to enable the collection of all such tolls, any other charge(s) in addition to tolls attributed to the transponder and other associated charges incurred during the Rental Period. No credit is provided for days the transponder is not utilized. Tollpass Service has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties, see Section 6.d.(4). A current listing of Tollpass Service area covered roads is available upon request, at www.htallc.com/alamo or (877) 860-1284. For TollPass Waiver Option originating in the Chicago Metro area or at select Indiana locations, Renter may choose to purchase optional TollPass Waiver, which provides for the daily rental of a toll collection transponder or, in some states, the use of video-monitored toll collection services. TollPass Waiver will relieve Renter and/or AAD(s) of the costs of tolls incurred during the Rental Period. No credit is provided for days of non usage. TollPass Waiver has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties. See Section 6.d.(4).

(6) The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per gallon (or per litre) charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit for any unused fuel.

(7) The one way fee.

(8) The Young Renter Fee

(9) The Additional Driver Fee (Additional Driver Fee is waived for one additional driver for disabled renters who cannot drive.)

(10) The Car Class Change

(11) The other fees and charges (none of which are taxes) including but not limited to:

(a) Any airport Consolidated Facility Charge, Customer Facility Charge or similarly designated charge (CFC), which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of the consolidated rental car facility; other airport facilities; and/or transportation related facilities;

(b) The Concession Fee Recovery, Concession Fee Recoupment or similarly designated charge(or, in some locations, the “Concession Recovery Fee” or “Premium Location Charge”) (CONC REC) which is Owner’s charge to recover the concession fee paid by Owner to an airport’s owner or operator in connection with the rental;

(c) The Facility Fee Recovery  (FAC REC) which is Owner’s charge to recover the estimated fees, charges, costs, which may include rent paid by Owner to the owner,  operator or agent of the location being serviced by Owner for the rental or to the owner, operator or agent of the location ; and

(d) The Vehicle License Fee Recovery (VLF REC) which is the Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register and plate all vehicles in its/their rental fleet registered in renting state or province. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

(e) The Bussing Cost Recovery, which is Owner’s charge to recover the fees paid by Owner to offset Owner’s annual estimated cost to provide bussing operations at certain locations.

(f) The Frequent Traveler Service Charge (Daily Freq Flyer Service charge) will apply for qualifying rentals in the US and Canada when the Renter chooses to receive frequent flyer miles or frequent traveler credits as part of this rental to recover all or a portion of the administrative and program costs associated with participation in frequent traveler programs.

(g) All Location-specific fees and charges identified under Section 29, below.

c. At certain locations, the fees and other charges described in Section 6(b)(11), above, may not apply in the event Renter did not arrive at certain airports by plane within a specified period prior to the commencement of a rental transaction. Certain other fees and charges described in Section 6(b)(11) may not be applicable to vehicles rented as temporary replacements for vehicles unavailable due to mechanical breakdown, repair, service, damage or loss. These fees and charges may not be assessed if (A) Renter advises Owner at the counter at the time of the rental transaction that either (i) the Renter did not arrive at the airport by plane prior to the commencement of the rental transaction or (ii) Vehicle will be utilized as a replacement vehicle, and (B) the Owner determines that the fee and/or charge is not applicable to such Renter as a result of same. In the event Renter bypasses the counter at the time of the rental transaction without advising Owner of the foregoing facts, Renter acknowledges and agrees to incur certain fees and charges that may not otherwise have been applicable.

d. Additional Obligations of Renter–Unless prohibited by law Renter shall pay Owner, its affiliates or agents:

(1) If Vehicle returns to a location other than the designated return location a vehicle recovery fee, un-scheduled one way fee or drop charge which shall be no more than the greater of: a) $100.00; b) $0.50 per mile (or, in the case of Canadian Licensees, up to $CAD 1.00 per km) between return location and original rental office; or, c)  Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.

(2) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return, in addition to the understay or overstay fee, if Renter returns the vehicle before or after the agreed upon return date.

(3) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see Section 10), to the extent CDW, as described in Section 20, or RSP, as described in Section 21(C), does not apply; provided, however, unless resulting from Owner’s negligent, reckless or intentional acts. The foregoing shall not release Owner from any implied warranty of fitness applicable under New Jersey law.

(4) All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its Affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Renter consents to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party on Renter’s behalf without advance notice thereof and acknowledges that such payment may prejudice Renter’s ability to contest Fines, Tolls and Violations with the applicable authority. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such Fines, Tolls and Violations. In addition, Owner, its affiliates or a third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any Fines, Tolls and Violations  and their administration.

(5) A Tollpass convenience charge (TCC) (where available) of up to $5.00 per day of Rental Period for each day Vehicle is operated on a Tollpass Automatic Service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $30.00 per Rental Period. In addition to the TCC, Owner or a third party may separately charge Renter’s credit or debit card for each toll (or other charge) not paid by Vehicle operator incurred during the Rental Period at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. A current listing of Tollpass Automatic Service covered roads is available upon request, at www.htallc.com/alamo or (877) 860-1284. Operation of Vehicle on a roadway or bridge not covered by  Tollpass Automatic Service where applicable tolls are not paid may subject the Renter to  Fines, Tolls and Violations, see Section 6.d(4) above. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATES TO TRANSFER RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL SUCH AMOUNTS.

(6) A late charge of 1-1/2% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

(7) All expenses incurred by Owner in the collection of amounts due Owner under this Rental Agreement or in regaining possession of Vehicle or in enforcing any term or condition of this Rental Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner. (8) The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities

IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS RENTAL AGREEMENT INCLUDING, IF ANY, THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.  FOR A VEHICLE RENTED WITH A CASH DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF THE RENTAL PERIOD. All charges are subject to final audit by Owner.

The foregoing provisions set forth in paragraphs 6. d (1) - (7) are enforceable in New Jersey.

7. Limits on Use and Termination of Right to Use.

a. Renter agrees to the following limits on use:
(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.
(2) Vehicle shall not be used for: transporting persons for hire; as a school bus; or for driver training.
(3) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS: (i) Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and (ii) Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state, provincial, or municipal laws, ordinances or regulations.
(4) Vehicle shall not be used for: any illegal purposes; in any illegal or reckless manner; in a race or speed contest; or to tow or push anything.
(5) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer outside the passenger department.
(6) Renter shall not remove any seats from Vehicle.
(7) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants or drugs, used with or without a prescription.
(8) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of vehicle plus weight of load, as indicated on the driver side door jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.
(9) Vehicle shall not be driven or taken outside the United States and Canada; travel to Mexico is prohibited without Owner’s written permission.
(10) Vehicle shall not be driven on an unpaved road or off-road.
(11) Vehicle shall not be operated by anyone:  who has given a fictitious name; false address; or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.
(12) Renter shall not transfer or assign this Agreement and/ or sublease Vehicle.
(13) Vehicle shall not be used to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
(14) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.
b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the Branch Address on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to the Rental Period are at Owner’s option.
c. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice.
e. Extensions are at Owner’s option and are subject to availability. Owner may repossess the Vehicle without demand, at Renter’s expense, if the Vehicle is found illegally parked, apparently abandoned, or used in violation of law or of this Agreement. Renter’s failure to return the Vehicle when specified or to properly obtain an extension of the rental may result in the Vehicle being reported stolen, possibly subjecting Renter and any other driver to arrest and civil and/or criminal penalties.

8. Roadside Assistance. For roadside assistance in the U.S. and Canada call 1-800-803-4444 and you will be connected to a third party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.

9. Accidents. Damage to, loss of or theft of Vehicle must be immediately reported to Owner in writing to the office where Vehicle was rented or by telephone at 1-800-803-4444 in the US or 1-844-307-5029 (option 4)  in Canada, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to Owner every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an Event Data Recorder or similar device (EDR) for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.

10. Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by state or provincial law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God; provided, however, unless resulting from Owner’s negligent, reckless or intentional acts. The foregoing shall not release Owner from any implied warranty of fitness applicable under New Jersey law.  Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories.  Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner.  If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds.  For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss.  If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage and impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. In the case of Rentals from a Licensee, Renter is responsible for damages including but not limited to: loss of use regardless of fleet utilization, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs (including attorney’s fees) incurred by Licensee to recover Vehicle and establish damages. In the case of non-Licensee Rentals, Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable:  total labor hours from the repair estimate divided by 4 multiplied by the daily rate (including any Car Class Change); (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate (including any Car Class Change).  Renter also agrees to pay: (a) an administrative fee of $50.00 when the repair estimate is less than $500.00 or $100.00 when the repair estimate is between $500.00 and $1,500.00 or $150.00 if greater than $1,500.00; (b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99.  If Vehicle is returned during non-business hours or to any place other than location from which the vehicle was rented, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility.  SEE SECTION 20 FOR INFORMATION ON OPTIONAL CDW. 

11. Responsibility to Third Parties. (US only) Owner or Owner’s affiliate complies with the applicable motor vehicle financial responsibility laws with respect to the Vehicle as a self-insurer, bondholder, insured or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law or this Agreement, neither, Owner or Owner’s affiliate extends any of such motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement. If valid automobile liability insurance or self-insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self-insurance satisfies the applicable state motor vehicle financial responsibility law, then neither Owner nor Owner’s affiliate as the case may be extends  its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement and if Owner or Owner’s affiliate is obligated to extend the motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner or Owner’s affiliate obligation is limited to the applicable state minimum financial responsibility amounts. Unless required by law, Owners or Owner’s affiliate financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. SEE PARAGRAPH 21 FOR INFORMATION ON OPTIONAL SLP.

12. Indemnification by Renter. Renter shall defend, indemnify and hold Owner and Owner’s affiliate, harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or Owner’s affiliates in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner  and Owner’s affiliates for all such losses. This obligation may be limited if Renter purchases optional CDW and/or an optional EP to the extent CDW and/or EP applies. SEE SECTIONS 20 AND 21 FOR INFORMATION ON OPTIONAL CDW AND OPTIONAL EP.

13. Personal Injury Protection and Uninsured/Underinsured Motorist Protection.
Except as required by law, Owner does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner or Owner’s affiliate is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law.

14. Personal Property. Owner is not responsible for any damage to, loss of or theft of any personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental; provided, however, unless resulting from Owner’s negligent, reckless or intentional acts. The foregoing shall not release Owner from any implied warranty of fitness applicable under New Jersey law . Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle. SEE SECTION 21 FOR INFORMATION ON OPTIONAL PEC.

15. Use in Mexico. Vehicle shall not be taken into Mexico without Owner’s prior written consent. Even with Owner’s prior written consent, CDW and other optional protection products do not apply in Mexico. Renter must maintain or purchase insurance which shall apply in Mexico, as specified and approved by Owner, prior to taking Vehicle into Mexico.

16. Third-Party Proceeds. If a third party, including, without limitation, an employer or corporate account, authorizes payment of any amount owed by Renter under this Rental Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment.  Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Rental Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy.  In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Rental Agreement; or their party’s per diem benefits.  Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party.  Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
17. Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of Attorney:
a. To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if: (1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or (2) Any liability claims against Owner arise in connection with the rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

b. To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.

18. Severability. If any provision of this Rental Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect; provided, however, this provision does not apply in New Jersey, but to the extent that New Jersey law is applicable, this Agreement will be construed in accordance with New Jersey law.

19. Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under this Rental Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). The foregoing does not waive Renter’s and/or AAD(s)’ claims in New Jersey based upon personal injuries that result from Owner’s negligent, reckless or intentional acts, and does not release Owner from any implied warranty of fitness applicable under New Jersey law.  Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party; provided, however, that the foregoing shall not apply if such access or use is the result of Owner’s negligent, reckless or intentional acts.

20. Optional Collision Damage Waiver (CDW). CDW IS NOT INSURANCE. THE PURCHASE OF CDW IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase optional CDW from Owner for an additional fee. If Renter purchases CDW, Owner agrees, subject to the actions that invalidate CDW listed below, to contractually waive Renter’s responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence, depending on the CDW plan chosen. Notwithstanding anything to the contrary and unless prohibited by law, CDW DOES NOT PROVIDE PROTECTION FOR LOST OR DAMAGED KEYS, KEY FOBS, TRANSPONDERS, OPTIONAL ACCESSORIES OR ANY LIABILITIES IMPOSED BY LAW. CDW does not apply to damage occurring in Mexico. In most locations, Owner offers the following two (2) levels of CDW protection:

• Maxi Waiver Saver - Owner will pay for all loss or damage to the Vehicle.

• Waiver Saver 3000 - Owner will pay the first $3,000 of loss or damage. Renter will pay for all loss or damage over $3,000.

When deciding whether or not to purchase CDW, Renter may wish to check with Renter’s  insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Renter has coverage or protection for such damage or theft and the amount of Renter’s deductible or out-of-pocket risk.

The following actions shall invalidate CDW:

a. if vehicle is damaged when used or driven: 
(1) by any person other than Renter or AAD(s) without Owner’s prior written consent;
(2) by any person if there is reasonable evidence the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription;
(3) by any person committing a felony or otherwise engaged in a criminal act;
(4) in a race or speed contest;
(5) to tow or push anything;
(6) outside of the United States or Canada;
(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;
(8) to transport persons or property for hire;
(9) in a wanton or reckless manner or if Vehicle is deliberately damaged;
(10) on an unpaved road or off road;
(11) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
b. if Renter misrepresents facts to owner pertaining to rental, use, or operation of Vehicle; or
c. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or
d. if renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism; or
e. if Vehicle is stolen and Renter fails to do any of the following: (1) return the original ignition key(s) and Owner’s key tag identifying Vehicle; (2) file a police report within 24 hours after discovering the theft; (3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft; 4) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.
The applicability of CDW to a Rental Period may be determined in accordance with a third party agreement. 
NOTE:  CDW may be referred to as Collision Damage Waiver (CDW) or Damage Waiver (DW) in specific states.

21. Other Optional Protection Products. THE PURCHASE OF ANY OF THE FOLLOWING PRODUCTS IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. EACH OF THE FOLLOWING IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE APPLICABLE POLICIES DESCRIBED BELOW. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. UNDERWRITING INSURER(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE. EACH OF THE FOLLOWING PRODUCTS MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.
A. EXTENDED PROTECTION (EP) (Where available): If Renter purchases EP, Owner provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (EP charge is for the excess insurance only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $1,000,000 Combined Single Limit per accident. EP will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Rental Agreement. EP is available for an additional charge. EP includes UM/UIM coverage for bodily injury and property damage (where required by law)in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection), and additional coverage, through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident (for rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident; for rentals commencing in Hawaii and New Hampshire, the UM/UIM limits are $1,000,000 combined single limit) or state mandated UM/UIM limit, whichever is greater. Owner and Renter reject any additional UM/UIM coverage to the extent permitted by law. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. EP, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle within the United States and Canada; coverage does not apply in Mexico. Additional policy exclusions include: (a) bodily injury or death to Renter, any AAD, or to the blood relatives or family of Renter or any AAD, if such relatives or family reside in the same household with Renter or with an AAD (not applicable in Alaska, North Dakota and Vermont); (b) property damage to the rental vehicle; (c) fines, penalties, exemplary or punitive damages; (d) bodily injury, death or property damage expected or intended from the standpoint of the insured (not applicable in North Dakota and Vermont);  (e) any obligation for which the insured or the insured’s insurer may be held liable under any worker’s compensation, disability benefits or unemployment compensation law or any similar law; (f) loss arising out of an accident which occurs while the renter or AAD is under the influence of alcohol or drugs, or other substances unless prescribed by a physician (not applicable in North Dakota and Vermont); and (g) liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault law or any similar law to the foregoing, in any state (not applicable in North Dakota and Vermont).   Note: Any UM/UIM benefits paid are included in the $1 million combined single limit EP coverage and in no way increase the combined single limit amount referenced above. This insurance coverage is underwritten by Ace American Insurance Company. A benefit summary for EP is contained within the applicable brochure or, for kiosk renters, by pressing the “Product Details” button (for internet rentals, see
https://alamo.custhelp.com/app/answers/detail/a_id/1649)). To file EP claims, contact; Sedgwick CMS, P.O. Box 94950, Cleveland OH, 44101-4950 or at 1-888-515-3132 or fax 1-216-617-2928. 

The applicability of EP to a Rental Period may be determined in accordance with a third party agreement. 

B. PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (PAI/PEC) (Where available): If selected and paid for, PAI provides Renter and Renter’s passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PEC insures the personal effects of Renter, or any member of Renter’s immediate family who permanently resides in Renter’s household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle. PAI & PEC are available for an additional charge.

PAI Benefits**	Renter	Passenger
Accidental Death, Not to Exceed	$175,000	$17,500
Accident Medical Expenses, Not to exceed	$2,500	$2,500
Accident Ambulance Expense, Not to	$250	$250
Accident Aggregate, not to exceed $225,000 per accident**

** COVERAGE MAY VARY BY STATE OF RENTAL. SEE SECTION 26 FOR LOCATION SPECIFICS.

PAI Benefits: for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a “Passenger” for the purposes of PAI benefits.

PEC Benefits: $600 per person; $1,800 maximum coverage for all covered individuals during the Rental Period. PEC benefits apply to personal effects belonging to Renter, or any member of Renter’s immediate family who permanently resides in Renter’s household and who is traveling with Renter, against risks of loss or damage while in transit or in a building, (other than your personal residence) or locked in the Vehicle.
PAI & PEC Exclusions:

PAI shall not cover:

1) any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self inflicted injury;
2) aircraft travel, except as a passenger in a licensed aircraft on a regularly scheduled flight;
3) committing or attempting to commit a criminal offense;
4) an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician;
5) an accident which occurs while participating in a prearranged or organized race or testing of a vehicle;
6) war or any act of war;
7) engagement in an illegal occupation;
8) if Renter converts Vehicle; or  9) any period Renter is in violation of the Rental Agreement. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date.

PEC shall not cover:

1. Automobiles;
2. automobile equipment;
3. Motorcycles;
4. Watercraft;
5. Motors; or other conveyances or their appurtenances;
6. Furniture;
7. Currency;
8. Coins;
9. Deeds;
10. Bullion;
11. Stamps;
12. Tickets;
13. Securities;
14. documents;
15. contact lenses;
16. artificial teeth and limbs;
17. perishables,
18. animals; and
19. Loss or damage to property while actually being worked upon, or while in the care, custody or control of any common carrier are also not covered.

THE PEC POLICY DOES NOT COVER LOSS BY MYSTERIOUS DISAPPEARANCE. ALL LOSSES BY THEFT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR THEY WILL NOT BE COVERED.

This PAI/PEC is underwritten by Empire Fire and Marine Insurance Company. To file PAI/PEC claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Rental Agreement to: Sedgwick CMS, P.O. Box 94950, Cleveland, OH 44101-4950, Phone:1 (888) 515-3132 Fax: 1 (216) 617-2928

C. Roadside Plus (RSP)  (Where available): When deciding whether or not to purchase Roadside Plus (RSP), Renter should check to determine whether Renter has other coverage or protection for such services. ROADSIDE PLUS OR ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE. THE PURCHASE OF ROADSIDE PLUS IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. Renter may purchase RSP from Owner for an additional fee. If Renter purchases RSP, Owner agrees to contractually waive Owner’s right to collect from Renter for the following services: (i) lost and damaged key replacement (including remote entry devices), (ii) flat tire replacement (if no inflated spare is available, Vehicle will be towed) and the cost of a replacement tire is not waived), (iii) lockout service (if keys are locked inside Vehicle), (iv) Vehicle jumpstart, and (iv) fuel delivery for up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel. RAP does not waive any charges incurred in Mexico.

22. Telematics Notice and Release.Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System).  Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice. Renter acknowledges that such systems utilize wireless technology to transmit data  and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter.  Renter authorizes any person’s use or disclosure of or access to (i.) location information , (ii.) automatic crash notification to any person for use in the operation of any automatic crash notification system and (iii.) operational condition, mileage, diagnostic and performance reporting of Vehicle as permitted by law.  Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized use, disclosure or access provided for herein. Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter, any AAD(s) and passengers) or property caused by failure of the Telematics System to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner.  Use of the Telematics System is subject to the terms and conditions and privacy statement (Telematics Terms) posted by the applicable Telematics Systems provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information and user responsibilities. By signing this Agreement, Renter authorizes the provision of such Telematics Services in accordance with, and agrees to be bound by, the Telematics Terms. Third party service providers are not agents, employees, or contractors of Owner.   
23. Headings. The headings of the numbered paragraphs of this Rental Agreement are for convenience only, are not part of this Rental Agreement and do not in any way limit, modify or amplify the terms and conditions of this Rental Agreement.
24. Disclosure of Information to Third Parties. Owner may disclose Renter’s personal information without Renter’s permission:  (i) when required by law, (ii) in response to legal process, (iii) without legal process in response to a request from law enforcement relating to a criminal investigation; (iv) to protect rights, privacy, safety or property of Owner, Owner’s customers, or the public; (v) to permit Owner to pursue available remedies or limit damage that we may sustain, or (vi) to enforce the terms of any rental agreement or our website’s terms and conditions.
25. Privacy. The information you provide to Owner is stored and used in accordance with Alamo’s privacy policy, which is available at www.Alamo.com which may be amended from time to time and which is incorporated herein by reference. Renter agrees that Owner may provide your personal data to third parties which conduct services on its behalf (such as consumer satisfaction surveys) and consents to Owner’s representative contacting Renter on a cell phone or other phone number listed on the Rental Agreement or otherwise provided to Alamo. Some Alamo locations in the U.S., are owned and operated by independent licensees that are not controlled by Owner or our Affiliate companies ("Licensees"). The subsidiaries of Enterprise Holdings, Inc. do not control the use of any personally identifiable or payment information collected by its Licensees. Licensees are required to identify themselves (i.e., at their locations and in their agreements, sales materials, business cards, marketing materials, advertisements and other Alamo branded materials) as "An Independent Alamo Car Rental Licensee" or by other similar terms.  Alamo is not responsible for the Licensees' information practices.
26. Choice of Law/Venue. All terms and conditions of this Rental Agreement shall be interpreted, construed and enforced pursuant to the laws of the state where the Renter first received a Vehicle under this Rental Agreement, without giving effect to the conflict of laws provisions of such state. Renter agrees that the county within the state  in which Renter first receives a Vehicle under this Rental Agreement is the only place where Owner or Renter may file any action relating to this Rental Agreement.

27. MANDATORY ARBITRATION AGREEMENT (UNITED STATES):  RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Renter or any ADD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.

(1)  Procedure.  A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party.  The Notice to Owner should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL  60604 (“Notice Address”).  If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org.  The arbitration will be confidential and hearings will take place in the federal judicial district of the Rental Location.  

(2) Arbitrator’s Authority:  The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void.  The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.

(3)  Arbitration Costs:  Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court.  Owner will be responsible for all additional arbitration fees.  Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc.  Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees.   Owner will pay all fees and costs it is required by law to pay.

(4)  Governing Law and Enforcement:  The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration.  This Arbitration Agreement was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect.  Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

28. MANDATORY ARBITRATION AGREEMENT (CANADA):  RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter.  However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction.  The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Renter or any ADD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction. 

(1)  Procedure.  A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party.  The Notice to Owner should be addressed to: Baker & McKenzie LLP, Brookfield Place, Suite 2100, 181 Bay Street (PO Box 874), Toronto, Ontario Canada – M5J 2T3 (“Notice Address”).  If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the International Centre for Dispute Resolution (“ICDR”) pursuant to its ICDR Canada Arbitration Rules. Claims will be resolved pursuant to the ICDR Canada's Arbitration Rules in effect at the time of the demand, as modified by this agreement.  The ICDR Canada Rules are available online at www.icdr.org.  The arbitration will be confidential and hearings will take place in the provincial or territorial judicial district of the Rental Location.  

(2) Arbitrator’s Authority:  The arbitrator is bound by this Agreement, the applicable domestic arbitration act (“domestic arbitration act"”) and ICDR Canada's Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void.  The parties agree that the arbitrator’s decision and award will be final and binding. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.

(3)  Arbitration Costs:  Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court.  Owner will be responsible for all additional arbitration fees.  Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc.  Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, ICDR Canada Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees.  Owner will pay all fees and costs it is required by law to pay.

(4)  Governing Law and Enforcement:  The domestic arbitration act of the provincial or territorial judicial district of the Rental Location applies to this Arbitration Agreement and governs whether a claim is subject to arbitration.  If any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect.  Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

29. LOCATION SPECIFIC DISCLOSURES, NOTICES AND TERMS AND CONDITIONS FOR THE FOLLOWING LOCATIONS:

Alabama Alaska Arizona California Colorado Connecticut District of Columbia Florida Hawaii Illinois Indiana Iowa

Kansas Louisiana Maryland Massachusetts Michigan Minnesota Missouri New Mexico New Jersey Nevada New York North Carolina Ohio

Oregon Pennsylvania Puerto Rico Rhode Island South Carolina Tennessee Texas Utah Vermont Virginia Washington Wisconsin

Renter acknowledges that Renter has received, read, understands and agrees to the following county, state or location specific disclosures, notices and terms and conditions.  Renter is advised to review this paragraph before renting or operating Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, Renter’s obligations set forth in Sections 1 - 28, above. In the event of a direct conflict between Sections 1 - 28 of this Rental Agreement and this Section 29, this Section 29 will govern.

FOR RENTALS ORIGINATING IN ALABAMA

State specific fee:

A Privilege and License Tax Recovery (PRIV & LIC TAX RECO) which is Owner’s charge to recover the privilege or license tax imposed upon Owner by the State of Alabama and any local taxing authorities.  This charge is calculated as a percentage of gross rental proceeds exclusive of proceeds from the rental of non-automotive accessories. A non-automotive Privilege and License Tax Recovery (NON-AUTO PL TAX REC) which is Owner’s charge to recover the privilege or license tax imposed upon Owner by the State of Alabama and any local taxing authorities. This charge is calculated as a percentage of gross rental proceeds from the rental of non-automotive accessories..

FOR RENTALS ORIGINATING IN ALASKA

Driving on the following named roadways is prohibited and CDW shall not apply: Campbell Hwy., Canol Road., Dalton Hwy., Dempster Hwy., Denali Hwy., Edgerton Hwy., Elliot Hwy., McCarthy Rd., Nabesena Rd., Steese Hwy., Taylor Hwy.

FOR RENTALS ORIGINATING IN ARIZONA

Owner's liability insurance does not cover injuries to passengers in the Vehicle. The insurance policies Owner offers may provide duplication of coverage already provided by Renter’s personal automobile insurance policy or by another source of coverage.  Renter is not required to purchase such insurance in order to rent Vehicle.
ARIZONA REVISED STATUTE SECTION 13-1806 PROVIDES THE FOLLOWING, "A PERSON COMMITS UNLAWFUL FAILURE TO RETURN RENTED PROPERTY IF, WITHOUT NOTICE TO AND PERMISSION OF THE LESSOR OF THE PROPERTY, THE PERSON KNOWINGLY FAILS WITHOUT GOOD CAUSE TO RETURN THE PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE TIME PROVIDED FOR IN THE RENTAL AGREEMENT.  UNLAWFUL FAILURE TO RETURN RENTED OR LEASED PROPERTY IF THE PROPERTY IS A MOTOR VEHICLE IS A CLASS 5 FELONY."  THE MAXIMUM PENALTY FOR THIS OFFENSE IS IMPRISONMENT FOR 2 YEARS AND A FINE OF NOT MORE THAN $150,000 FOR THE FIRST OFFENSE. THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.

FOR RENTALS ORIGINATING IN CALIFORNIA

State-Specific Fee:

For Rentals commencing in California, a percentage charge applies called the tourism commission assessment recovery by which National recovers the tourism assessment applicable to this rental as permitted by Section 13995.65 of the Government Code.
The Vehicle License Recovery Fee (VEH LIC RECOVERY) which is the Owner’s charge to recover Owner’s estimated average daily cost per vehicle for charges imposed by governmental authorities to title, register and plate all vehicles in its rental fleet registered in California. The VEH LIC RECOVERY is not calculated based on the costs imposed on a particular vehicle.

Warning: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”

CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF.
Damage to, Loss of or Theft of Vehicle or Optional Accessories and Related Costs. In addition to other obligations under the California Civil Code and California law, If Optional Loss Damage Waiver is not purchased, and subject to any limitations in California law, Renter accepts responsibility and shall pay Owner, on demand, for: (a) All collision damage to Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle. (b) Theft of Vehicle or damages resulting from the theft of Vehicle if Renter or AAD(s) fails to exercise ordinary care of Vehicle during the Rental Period. Renter is responsible for the cost of repair up to the fair market value of Vehicle. (c) The first $500 of vandalism damages that are not a direct result of the actual theft of Vehicle. (d) Administrativecharge , as authorized by California Civil Code Section 1939.03. (e) Towing, storage or impound fees. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. If Renter is responsible for damages as outlined above, and if Renter returns Vehicle during nonbusiness hours or to any place other than the agreed upon location, damages as outlined above occurring prior to an employee of Owner checking in Vehicle is Renter’s responsibility. Notwithstanding anything to the contrary and unless prohibited by law. DW does not apply to Optional Accessories, or any liability imposed by law. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. Renter shall not have Vehicle repaired without permission from Owner.

CIVIL CODE SECTION 1939.09 NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER. LOSS DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF LOSS DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.

Renter is responsible for all collision damage to Vehicle even if someone else caused it or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. Renter is responsible for the first $500 of vandalism that is not a direct result of the actual theft of Vehicle. Renter will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if Renter or Authorized Driver(s) fails to exercise ordinary care of Vehicle during the Rental Period. Renter’s own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Renter’s financial responsibility for Vehicle. Renter should check with Renter’s insurance company, or credit card issuer, to find out about Renter’s coverage and the amount of the deductible, if any, for which Renter may be liable. Further, if Renter uses a credit card that provides coverage for Renter’s potential liability, Renter should check with the issuer to determine if Renter must first exhaust the coverage limits of Renter’s own insurance before the credit card coverage applies. Owner will not hold Renter responsible if Owner offers and Renter purchases Loss Damage Waiver. Loss Damage Waiver will not protect Renter if:
a. Damage or loss results from an Authorized Driver(s): (1) Intentional, willful, wanton or reckless conduct (2) Operation of the vehicle under the influence of alcohol or drugs in violation of Section 23152 of the California Vehicle Code, (3) Towing or pushing anything or (4) Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

b. Damage or loss occurs while the vehicle is: (1) Used for commercial hire, (2) Used in connection with conduct that could be properly charged as a felony, (3) Involved in a speed test or contest or in driver training activity, (4) Operated by a person other than an Authorized Driver, or (5) Operated outside of the United States and Canada.

c. Any Authorized Driver(s) has: (1) Provided fraudulent information to the rental company or (2) Provided false information and the rental company would not have rented Vehicle if it had instead received true information.

The daily cost of CDW is $10.99 to $500.00 per day, depending on the vehicle rented.

As of August 1, 2016, PAI benefits for rentals commencing in California are as follows:

PAI Benefits**	Renter	Passenger
Accidental Death, Not to Exceed	$250,000	$125,000
Accident Medical Expenses, Not to exceed	$2,500	$2,500
Accident Ambulance Expense, Not to exceed	$250	$250

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

CALIFORNIA DEPARTMENT OF INSURANCE LICENSE NUMBERS:  0E20233, 0D15656, 0D15655 and 0627217.  THE CALIFORNIA DEPARTMENT OF INSURANCE MAINTAINS A TOLL-FREE CONSUMER HOTLINE. 800-927-4357(HELP)

FOR RENTALS ORIGINATING IN COLORADO

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
CDW will be invalidated if damages to Vehicle are caused by Renter or AAD (s) by:
a. willful and wanton conduct or misconduct;
b. intoxication by alcohol or use of controlled substances as defined in C.R.S. Section 42-4-1301;
c. participation in a speed contest;
d. carrying person(s) or property for hire, or pushing or towing anything;
e. use of Vehicle while committing a misdemeanor or felony or other criminal act;
f. use of Vehicle by an unauthorized driver, which includes any person not specifically named as an AAD (s) in this Agreement;
g. supplying information which is false concerning the rental transaction with the intent to defraud Owner;
h. use of Vehicle outside the continental United States, or
i. any instance whereby, during the rental of Vehicle, the speedometer or odometer is tampered with or disconnected.

FOR RENTALS ORIGINATING IN CONNECTICUT

RENTER’S PERSONAL AUTOMOBILE INSURANCE POLICY MAY COVER COLLISION DAMAGE, FIRE AND THEFT DAMAGE AND PERSONAL INJURY INCURRED WHILE USING VEHICLE. THE ANNUALIZED RATES ARE $9121.35 OR LESS FOR LOSS DAMAGE WAIVER (CDW), $4,197.50 OR LESS FOR PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (PAI/PEC), $5,675.75 FOR EXTENDED PROTECTION (EP)  AND $1,821.35 FOR ROADSIDE PLUS (RSP). THE PURCHASE OF CDW, RSP, PAI/PEC, OR SLI OR ANY OF YOUR OTHER INSURANCE OPTIONS IS NOT REQUIRED TO RENT A VEHICLE.

State specific fee:

The Motor Vehicle Surcharge (MOTOR VEH SURCHARGE) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities to own, title, register and plate all vehicles in its rental fleet registered in Connecticut. The MOTOR VEH SURCHARGE is not calculated based on the costs imposed upon a particular vehicle.

FOR RENTALS ORIGINATING IN THE DISTRICT OF COLUMBIA

Warning - failure to return this vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.

Pursuant to DC ST § 50-1703(d), 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 herein if that person is transporting a number 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.

FOR RENTALS ORIGINATING IN FLORIDA

The Waste Tire and Battery Fee Recovery (Tire/Battery Fee), which is Owner’s charge to recover the waste tire and lead-acid battery fee which Owner must remit in Florida.
The Florida State Rental Car Surcharge (SC REC) which is the Florida State Rental Car Surcharge imposed by the state.
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida statutes.Except as required by law, Owner does not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through this Agreement. If Owner is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law. If Owner or its affiliate is required by law to provide PIP, Owner will be entitled to all defenses and the maximum reduction of payments afforded under Florida statute 627.736, et. seq.

 All parties seeking PIP or UM/UIM benefits, including their purported assignors, must complete an Application for PIP Benefits on a form provided by Owner as soon as practicable following the alleged loss. Furthermore, all parties seeking PIP or UM/UIM benefits, including their purported assignors, must fully cooperate with Owner and its representatives in its investigation into the loss. Such cooperation includes, but is not limited to, the obligation to submit to an Examination Under Oath, Independent Medical Examinations, as well as the provision of recorded statements and written statements. Cooperation with Owner and its affiliate’s investigation is a condition precedent to receiving PIP benefits from Owner or its affiliate. Notice Pursuant to F.S. 627.736(5)(a)5, Owner,on behalf of itself and any applicable affiliate,  hereby places all potential Personal Injury Protection (PIP) claimants on notice, per the terms of Florida’s No-Fault Law, that Owner and any applicable affiliatewill limit payment pursuant to the schedule of charges specified in paragraph (5) (a)1 of F.S. 627.736.

Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155 and/or section 817.52 of the Florida Statutes.
A copy of the Miami Dade County Visitor Information Map is available at the rental counter or exit booth.
PAI Benefits: Renter Passenger
Accidental Death, Not to exceed $250,000 $125,000

Accident Aggregate, not to exceed $500,000 per accident.

FOR RENTALS ORIGINATING IN HAWAII

Collision Damage Waiver Notice: Renter understands and acknowledges that by entering into this Rental Agreement Renter may be liable for damage to the vehicle resulting from a collision. Renter may already be sufficiently covered and should examine their personal automobile insurance policy to determine whether it provides coverage for collision damage and the amount of the deductible. Collision Damage Waiver is optional and entails an additional charge of up to $26.99 per day. Additional conditions and restrictions apply.

For rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit when EP applies.

FOR RENTALS ORIGINATING IN ILLINOIS

This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a Collision Damage Waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the Collision Damage Waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage.
Damage to, Loss or Theft of, Vehicle and Related Costs. Subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code, which limits the Renter’s liability for loss, damage, or theft of the vehicle to the actual and reasonable costs to the Owner for the repair of the Vehicle, or fair market value of the Vehicle whichever is less, Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory, including and without limitation tires and tools, occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or act of God. Under Section 6-305.2 of the Illinois Vehicle Code, the maximum amount the Owner may recover for loss or damage of the vehicle is $17,000 up until May 31, 2016. Thereafter, this amount is subject to an annual increase of $500 on June 1 of each year thereafter.
Renter shall pay the Owner the amount necessary to repair the damaged vehicle, subject to the aforementioned limitations. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If the Owner determines the Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds, subject to the aforementioned limitations in Section 6-305.2. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. Liability for theft of the Vehicle is limited to $2,000 except if the Renter or ADD(s) fails to exercise reasonable care while in possession of the Vehicle or the Renter or ADD(s) commits, aids or abets the theft of the vehicle, the Renter is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, subject to the aforementioned limitations set forth in Section 6-305.2. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages, subject to the aforementioned limitations in Section 6-305.2. If Vehicle is returned during non-business hours or to any place other than the agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. SEE SECTION 20 FOR INFORMATION ON OPTIONAL CDW.
COLLISION DAMAGE WAIVER is not insurance. It is not required in order to rent Vehicle. Renter may purchase optional Collision Damage Waiver (CDW) from Owner for an additional fee. If Renter purchases CDW, Owner agrees, subject to the actions that void CDW listed below, to contractually waive Renter’s responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to lost keys, key fobs, transponders or Optional Accessories. CDW does not apply to damage occurring in Mexico. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.
CDW will be voided for one or more of the following reasons:
a. Damage or loss while the rental vehicle is used to carry persons or property for a charge or fee.
b. Damage or loss during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.
c. Damage or loss that could be reasonably expected from an intentional or criminal act of the driver other than a traffic infraction.
d. Damage or loss to any rental vehicle resulting from any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.
e. Damage or loss occurring to a rental vehicle if the rental contract is based on fraudulent or material misrepresentation by the renter.
f. Damage or loss arising out of the use of the rental vehicle outside the continental United States when such use is specifically prohibited in the rental agreement.
g. Damage or loss occurring while the rental vehicle is operated by a driver not permitted under the rental agreement.
h. Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.

FOR RENTALS ORIGINATING IN INDIANA

DAMAGE WAIVER (DW) DISCLOSURE:

1. CDW is optional. 2. CDW entails an additional charge 3. The additional charge per day for DW is up to $49.99 4. All benefits of, and actions that invalidate, DW are in Paragraph 19. 5. Renter or other authorized driver(s) may already be sufficiently covered for damage to Vehicle and should examine the Renter’s or authorized driver’s automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the Rental Agreement, Renter may be liable for damage, loss, or loss of use to the rental vehicle. Renter has read, understands and acknowledges this disclosure.
Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by State law, Renter accepts responsibility for (a) damage to Vehicle or Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault, (b) Theft of Vehicle or damages resulting from the theft of Vehicle if Renter or AAD (s) fails to exercise ordinary care of Vehicle during the Rental Period, and (c) negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Rental Agreement, fair market value shall be the retail value of Vehicle as determined in the customary market for the sale of the vehicle.  If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 4 multiplied by the daily rate; multiplied by 80%, (ii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate. Renter also agrees to pay: (a) an administrative fee of $50.00 when the repair estimate is less than $500.00, $100.00 when the repair estimate is between $500.00 and 1,500.00, or $150.00 if greater than $1,500.00, plus an additional 7.5% fee for any amount over $1500. If Vehicle is returned during non-business hours or to any place other than agreed upon location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. SEE SECTION 20 FOR INFORMATION ON OPTIONAL CDW.
Collision Damage Waiver is not insurance. It is not required in order to rent a Vehicle.  By entering into this Rental Agreement, Renter may be liable for damage, loss, loss of use of the rented car, and other amounts, as described paragraph 10.Renter may purchase optional Damage Waiver (CDW) from Owner for an additional fee. If Renter purchases CDW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to lost keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. CDW does not apply to damage occurring in Mexico. Renter and any AAD(s) may already be sufficiently covered for damage to Vehicle and should examine Renter’s own automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented car, and the amount of the deductible.
THE FOLLOWING SHALL INVALIDATE DW:
a. if Vehicle is damaged when used or driven:
(1) by any person other than Renter or AAD(s) without Owner’s prior written consent;
(2) by any person if there is reasonable evidence he or she was intoxicated or under the influence of an illegal drug;
(3) by any person committing a felony or in connection with conduct that could properly be charged as a felony;
(4) in a race or speed contest, road rally, test or driver training activity;
(5) to tow or push anything;
(6) outside the states authorized;
(7) under authority of any license that is suspended, revoked, invalid or does not belong to the driver;
(8) to transport persons or property for hire;
(9) in a wanton or reckless manner or if Vehicle is damaged intentionally or through willful or wanton misconduct;
(10) on an unpaved road or off road;
(11) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or
b. if Renter or any AAD(s) provided Owner with fraudulent or false information and owner would not have rented Vehicle if Owner had received true information; or
c. if damage arises out of vandalism or theft of Vehicle caused by the negligence of Renter or AAD(s); or
d. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or
e. if Renter or any AAD(s) fails or refuses to provide Owner, police, or other authorities with a full report of any theft, accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any theft, accident or vandalism.
f. if Vehicle is stolen and Renter fails to do any of the following:
(1) return the original ignition keys and Owner’s key tag identifying Vehicle;
(2) file a police report within 24 hours after discovering the theft;
(3) cooperate fully with Owner, police and other authorities in all matters

connected with the investigation of the theft.

FOR RENTALS ORIGINATING IN IOWA

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.

Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. Damages for which Renter is also responsible include but are not limited to: loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 8, multiplied by the daily rate), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1499, and $150 if greater than $1500), diminishment of value (10% of the repair estimate if the damages are greater than $499), towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. SEE SECTION 20 FOR INFORMATION ON OPTIONAL CDW.

FOR RENTALS ORIGINATING IN KANSAS

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
The following shall invalidate CDW:
(1) Damages caused intentionally by the lessee or authorized driver or as a result of lessee’s or authorized driver’s willful or wanton misconduct;
(2) damages caused by an authorized driver of the rental motor vehicle driving while intoxicated or under the influence of any illegal or unauthorized drug, or the combined influence of alcohol and any illegal or unauthorized drug;
(3) damages caused while engaging in any speed contest;
(4) the rental transaction is based on fraudulent information supplied by the renter;
(5) the damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act which would be a felony in which the automobile usage is substantially related to the nature of the criminal activity;
(6) the damage arises out of the use of the vehicle to carry persons or property for hire;
(7) the damage occurs while the vehicle is operated by a person other than an authorized driver;
(8) the damage arises out of the use of the vehicle outside of the United States unless such use is specifically authorized;
(9) towing or pushing anything or if operation of the vehicle is off road; and
(10) loss due to the theft of the rental vehicle. However, the lessee shall be presumed to have no liability for any loss due to theft if:
(A) An authorized driver has possession of the ignition key furnished by the lessor, proof that the keys to the rental motor vehicle were taken by duress or an authorized driver establishes that the ignition key furnished by the lessor was not in the vehicle at the time of the theft; and
(B) an authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with the lessor and the police or other law enforcement agency in providing information concerning the theft. Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

FOR RENTALS ORIGINATING IN LOUISIANA

NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.

EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.

The CDW excludes the following:
a. Damages caused intentionally by the Renter or as a result of his willful or wanton misconduct.
b. Driving while intoxicated or under the influence of any drug, or the combined influence of alcohol and any drug.
c. Damages caused while engaging in any speed contest.
d. Damages caused while using the vehicle to push or tow anything, or using the vehicle to carry persons or property for hire, unless authorized by the Owner.
e. Damages incurred while driving outside the geographical limitations set forth in the contract.
f. Damages incurred while the vehicle is driven, with Renter’s permission or accession, by anyone other than a person authorized under the contract to drive the vehicle.
g. The vehicle was leased or an authorized driver approved as a result of fraudulent information provided to the Owner.
h. Damage caused while committing or as a result of commission of a felony.

If Renter or AAD(s) continues to operate Vehicle after the right to do so is terminated: Owner has the right to notify police Vehicle has been stolen; Renter and AAD(s) hereby release and discharge Owner from any liability arising from such notice; Owner has the right to cause Vehicle to be seized under applicable state law.

FOR RENTALS ORIGINATING IN MARYLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the automobile. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental automobile and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.
You may not need the automobile insurance offered by Owner. Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for the rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving the rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the Owner of the rental vehicle.

If vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (renter’s/driver’s vehicle) is primary, and any liability coverage Owner provides on vehicle is secondary.

FOR RENTALS ORIGINATING IN MASSACHUSETTS

NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts residents: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle, less the deductible on your policy. If you have comprehensive coverage on your vehicle, your policy will cover loss on the rental vehicle caused by fire, theft or vandalism, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.
CDW does not cover the following:
a. Damage or loss caused intentionally, willfully or wantonly by an authorized driver;
b. Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
c. Damage or loss caused while an authorized driver is engaging in any speed contest;
d. Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
e. Damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;
f. Damage or loss incurred while the vehicle is driven, with the Renter’s permission or accession, by anyone other than an authorized driver;
g. Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;

h. Damage or loss incurred as a result of commission of a felony by an authorized driver.

FOR RENTALS ORIGINATING IN MICHIGAN

Section 257.401 of the Michigan Compiled Laws provides that the rental vehicle owner is liable only up to $20,000 because of bodily injury or death to one per­son in any one accident and $40,000 because of bodily injury or death to two or more persons in any one accident, and only if the rented vehicle is operated by the renter, other authorized driver, or by the renter’s spouse, father, mother, brother, sister, son, daughter, or other immediate family member. And, that the renter may be liable to the owner up to these amounts and to an injured person for amounts awarded in excess of these amounts.

FOR RENTALS ORIGINATING IN MINNESOTA

Minnesota Collision Damage Waiver Form: UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST: (1) COVER THE RENTAL OF THIS MOTOR VEHICLE AGAINST DAMAGE TO THE VEHICLE AND AGAINST LOSS OF USE OF THE VEHICLE; AND (2) EXTEND THE POLICY'S BASIC ECONOMIC LOSS BENEFITS, RESIDUAL LIABILITY INSURANCE, AND UNINSURED AND UNDERINSURED MOTORIST COVERAGES TO THE OPERATION OR USE OF A RENTED MOTOR VEHICLE. THEREFORE, PURCHASE OF ANY COLLISION DAMAGE WAIVER OR SIMILAR INSURANCE AFFECTED IN THIS RENTAL CONTRACT IS NOT NECESSARY. IN ADDITION, PURCHASE OF ANY ADDITIONAL LIABILITY INSURANCE IS NOT NECESSARY IF YOUR POLICY WAS ISSUED IN MINNESOTA UNLESS YOU WISH TO HAVE COVERAGE FOR LIABILITY THAT EXCEEDS THE AMOUNT SPECIFIED IN YOUR PERSONAL AUTOMOBILE INSURANCE POLICY.

The following shall invalidate the CDW and accordingly damage and loss resulting or arising from such actions are excluded from and not covered by the CDW:
a. Damage or loss that results directly from the intentional, reckless, willful, or wanton misconduct of Renter or AAD(s) in the operation of Vehicle;
b. Damage or loss that results directly from Renter or AAD(s) operation of Vehicle while legally intoxicated or under the influence of any illegal drugs, as defined or determined under the laws of the state in which the damage or loss occurred;
c. Damage or loss that results directly from Renter or AAD(s) operation of Vehicle to tow or push cargo or any other object;
d. Damage or loss arising out of the operation of Vehicle for any commercial purpose;
e. Damage or loss arising out of the use of Vehicle in the commission of a criminal activity that is classified as a felony under the laws of the state in which the criminal activity occurred;
f. Damage or loss arising out of the operation of Vehicle in any speed test, speed contest, or driver training activity;
g. Damage or loss arising out of the operation of vehicle outside the United States or Canada;
h. Damage or loss arising out of the operation of Vehicle by Renter or AAD(s) who submitted fraudulent or false information to Owner;
i. Damage or loss arising out of the operation of Vehicle by an unauthorized driver;

j. Damage or loss that occurs as a result of continued operation of Vehicle when such operation would cause damage to Vehicle.

 

Certificate Summary of Personal Accident Insurance PURCHASE OF PERSONAL ACCIDENT INSURANCE (PAI) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI POLICY ISSUED BY EMPIRE FIRE & MARINE INSURANCE COMPANY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. PAI MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POLICY, COMPREHENSIVE HOMEOWNER’S OR TENANT’S POLICY OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER THE PAI, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. EMPLOYEES, AGENTS OR ENDORSEES OF VEHICLE OWNER (AS DEFINED IN THE RENTAL AGREEMENT) ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE. PAI provides Renter and Renter’s passengers with Accidental Death, Accident Medical Expenses and Ambulance Expense benefits. PAI is available for an additional charge as stipulated on page 1 of the Rental Agreement. “Renter” is the person who signs the Rental Agreement as Renter. PAI Benefits: Renter Passenger Accidental Death, Not to exceed $100,000 $10,000 Accident Medical Expenses, Not to exceed $3,500 $3,500 Accident Ambulance Expense, Not to exceed $150 $150 Accident Aggregate, not to exceed $130,000 per accident. The above PAI benefits for Renter apply to accidents during the Rental Period whether or not Renter is in Vehicle. Passengers are covered only for accidents occurring while they occupy Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a “Passenger” for the purposes of PAI benefits. PAI Exclusions: PAI shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self-inflicted injury; aircraft travel except as a passenger in a licensed aircraft on a regularly scheduled flight; committing or attempting to commit a criminal offense; an accident which occurs while under the influence of alcohol or narcotics, unless prescribed by a physician; an accident which occurs while participating as a professional in a prearranged or organized race or testing of a vehicle; war or any act of war; or engagement in an illegal occupation; nor shall this insurance be in effect if Renter converts Vehicle. Renter shall be deemed to have converted Vehicle whenever Vehicle is not returned to the Owner by the return date or by the extended return date. To file PAI claims, obtain a claim form from any rental office of Owner, complete it and return it with a copy of the Rental Agreement to: Sedgwick CMS P.O. Box 94950 Cleveland, OH 44101-4950 Phone: 1-888-515-3132 Fax: 1-440-914-2903

 

Certificate Summary of Extended Protection THE PURCHASE OF EXTENDED PROTECTION IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS, EXCEPTIONS AND EXCLUSIONS OF THE EP POLICY ISSUED BY ACE AMERICAN INSURANCE COMPANY. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. EP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE. EXTENDED PROTECTION (EP) (Where available): If Renter purchases EP, Owner provides Renter with minimum financial responsibility limits (at no charge to Renter) as outlined in the applicable motor vehicle financial responsibility laws of the state where Vehicle is operated AND excess insurance provided by the insurance policy (EP charge is for the excess insurance only), which supplies Renter and AAD(s) with third-party liability protection with a combined single limit per accident equal to the difference between the minimum financial responsibility limits referenced above and $1,000,000 Combined Single Limit per accident. EP will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Rental Agreement. EP is available for an additional charge. EP includes UM/UIM coverage for bodily injury and property damage (where required by law)in an amount equal to the minimum financial responsibility limits applicable to the Vehicle (the Primary Protection), and additional coverage, through an excess liability policy, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident (for rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident; for rentals commencing in Hawaii, the UM/UIM limits are $1,000,000 combined single limit) or state mandated UM/UIM limit, whichever is greater. Owner and Renter reject any additional UM/UIM coverage to the extent permitted by law. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. EP, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle within the United States and Canada; coverage does not apply in Mexico. Additional policy exclusions include: (a) bodily injury or death to Renter, any AAD, or to the blood relatives or family of Renter or any AAD, if such relatives or family reside in the same household with Renter or with an AAD; (b) property damage to the rental vehicle; (c) fines, penalties, exemplary or punitive damages; (d) bodily injury, death or property damage expected or intended from the standpoint of the insured; and (e) any obligation for which the insured or the insured’s insurer may be held liable under any worker’s compensation, disability benefits or unemployment compensation law or any similar law. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit EP coverage and in no way increase the combined single limit amount referenced above. This insurance coverage is underwritten by Ace American Insurance Company. A benefit summary for EP is contained within the applicable brochure or, for kiosk renters, by pressing the “Product Details” button (for internet rentals, seehttps://alamo.custhelp.com/app/answers/detail/a_id/1649)). To file EP claims, contact; Sedgwick CMS, P.O. Box 94950, Cleveland OH, 44101-4950 or at 1-888-515-3132 or fax 1-216-617-2928.

FOR RENTALS ORIGINATING IN MISSOURI

COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.
EXCLUSIONS:  CDW does not apply if:
a. The damage is caused intentionally by an authorized driver or as a result of the driver’s willful and wanton misconduct;
b. The damage arises out of the authorized driver’s operation of Vehicle while intoxicated or under the influence of any illegal or unauthorized drug;
c. The rental transaction is based on fraudulent information supplied by Renter;
d. The damage arises out of the use of Vehicle while committing or otherwise engaged in a criminal act in which the vehicle usage is substantially related to the nature of the criminal activity;
e. The damage arises out of the use of Vehicle to carry person or property for hire;
f. The damage occurs while the vehicle is operated by a person other than an authorized driver. For the purposes of this Paragraph, “authorized driver” means the (a) renter, (b) the renter’s spouse if the spouse is a licensed driver and satisfies the car rental company’s minimum age requirement; (c) the renter’s employee or co-worker if they are engaged in business activity with the person to whom the vehicle is rented, are licensed drivers, and satisfy the rental company’s minimum age requirements; (d) any person who operates the vehicle during an emergency situation; and (e) any person expressly listed by the car rental company on the renter’s contract as an authorized driver.
g. The damage arises out of the use of Vehicle outside the United States unless such use is specifically authorized by the Rental Agreement;
h. The damage arising from towing or pushing anything or if the operation of Vehicle on an unpaved road has resulted in damage or loss which is a direct result of the road or driving condition;
i. The damage or loss is due to the theft of Vehicle. However, Renter shall have no liability for any loss due to theft if;
(1) An authorized driver has possession of the ignition keys furnished by Owner or an authorized driver establishes that the ignition keys furnished by Owner were not in Vehicle at the time of the theft, and

(2) An authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with Owner and the police or other law enforcement agency in providing information concerning the theft.

FOR RENTALS ORIGINATING IN NEW MEXICO

WE OFFER FOR AN ADDITIONAL CHARGE THE FOLLOWING OPTIONAL PRODUCTS:  LOSS DAMAGE WAIVER;  PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE;  EXTENDED PROTECTION (EP) AND ROADSIDE PLUS.  BEFORE DECIDING TO PURCHASE ANY OF THESE PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE, CREDIT CARD OR OTHER COVERAGE PROVIDES YOU PROTECTION DURING THE RENTAL PERIOD.  IF SUCH COVERAGE EXISTS AND IS CONFIRMED, RENTER MAY REQUIRE OWNER AS THEIR AGENT TO SUBMIT CLAIMS TO THEIR INSURANCE CARRIER FOR PAYMENT.  THE PURCHASE OF ANY OF THESE PRODUCTS IS NOT REQUIRED TO RENT VEHICLETHE INSURANCE COVERAGE OF THE RENTER OR ANY AUTHORIZED DRIVER IS PRIMARY FOR THE LIMITS OF FINANCIAL SECURITY REQUIRED BY THE MANDATORY FINANCIAL RESPONSIBILITY ACT.

FOR RENTALS ORIGINATING IN NEW JERSEY

New Jersey Child Safety Seat Requirement:
• Children under the age of 8 (through age 7) are legally required to ride in the back seat.
• Under age 2 (0-23 months) and weighing less than 30 pounds are required to use a rear-facing car seat with a 5-point harness.
• Age 2 through age 3 (24-47 months) secured in a car seat with 5-point harness either rear-facing (until reaching the weight or height limit) or forward-facing.
• Age 4 through age 7 (48 months until 8th birthday) and less than 57 inches tall (4’9″) secured in a forward-facing car seat with 5-point harness or a booster seat.
• Age 8 through 17 shall wear a properly adjusted and fastened seat belt

If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system. But if the vehicle without rear seat is equipped with a passenger-side airbag, the bill prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off

FOR RENTALS ORIGINATING IN NEVADA

Nevada law requires any driver of a passenger car and any passenger 5 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for his seating position.
Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Renter accepts responsibility for damage to, loss or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God to the maximum extent permitted by Nevada law. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. Renter shall pay Owner the amount necessary to repair Vehicle. However, if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter acknowledges that:
a. Renter’s responsibility for loss or damage to the Vehicle or Optional Accessories will not exceed the fair market value of Vehicle at the time Vehicle is lost or damaged plus actual towing, storage and impound fees, an administrative charge ($50 if the repair estimate is less than $500, $100 if between $500 and $1499.99, and $150 if greater than $1500), and a reasonable charge for loss of use regardless of fleet utilization (if Owner determines Vehicle is repairable, loss of use shall be total labor hours from the repair estimate divided by 8, multiplied by the daily rate. If the vehicle is stolen and not recovered or Owner determines Vehicle is salvage, loss of use shall be 15 days),
b. Renter’s responsibility for damage to the Vehicle and loss of use of Vehicle resulting from vandalism not related to the theft of the Vehicle and not caused by Renter will not exceed $2,500; and
c. Renter is not responsible for loss of or damage to Vehicle resulting from theft or vandalism related to the theft if Renter has possession of the ignition key or Renter establishes that the ignition key was not in Vehicle at the time of the theft, Renter files an official report of the theft with the police within 24 hours of learning of the theft and Renter cooperates with Owner and the police in providing information regarding the theft, and neither Renter nor an AAD (s) committed or aided and abetted the commission of the theft. If Vehicle is returned during non-business hours or to any place other than the agreed upon return location, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking and inspecting the Vehicle is Renters responsibility. SEE SECTION 20 FOR INFORMATION ON OPTIONAL DW.
The following invalidate CDW:
a. Damage or loss resulting from:
(1) the intentional, willful, wanton or reckless conduct of Renter or AAD(s);
(2) operation of the Vehicle by Renter or AAD(s) while under the influence of drugs or alcohol in violation of the laws of the state in which the loss or damage occurs;
(3) Renter or AAD(s) using the Vehicle to tow or push anything; or
(4) operation of the Vehicle by Renter or AAD(s) on an unpaved road if the damage or loss is a direct result of the road or driving conditions;
(5) theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:
(a) Has possession of the ignition key furnished by the Owner or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and
(b) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft. The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft
b. Damage or loss occurring when the Vehicle is:
(1) used for hire;
(2) used in connection with conduct that constitutes a felony;
(3) involved in a speed test or contest or in driver training activity;
(4) OPERATED BY A PERSON OTHER THAN YOU OR AAD(s), or
(5)  Operated in a foreign country or outside of the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations; or
c. If the Vehicle was rented as a result of fraudulent information provided to Owner by Renter or an AAD(s) or as a result of false information provided to Owner by Renter or an AAD(s) if Owner would not have rented the Vehicle if it had received true information.

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

FOR RENTALS ORIGINATING IN NEW YORK

ATTENTION:  Owner purchases no third-party insurance covering this rental, but provides its renters and authorized drivers with minimum liability coverage, as required by the New York Vehicle and Traffic Law. Those coverages are: $25,000 per accident for bodily injury to one individual/$50,000 per accident for bodily injury to more than one individual; $50,000 per accident for the death of one individual/$100,000 per accident for the death of more than one individual; $10,000 per accident for injury to or destruction of property. In addition, to the extent required by law, Owner will defend the renter and authorized drivers from all claims of third parties alleging bodily injury, death or property damage arising out of the operation of the rental vehicle. If additional liability coverage is desired you may purchase Extended Protection from Owner at an additional cost.
NOTICE:  THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS TO THE RENTAL VEHICLE.  THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS OPTIONAL AND MAY BE DECLINED.  YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE.
Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs. Renter accepts responsibility for all damage to, and loss or theft of, Vehicle, Optional Accessories, and any other part or accessory occurring during the Rental Period, regardless of fault or negligence of Renter or any other person or act of God, to the extent permitted by applicable law, including (i) physical damage to Vehicle (including any part or accessory); (ii) mechanical damage to Vehicle (including any part or accessory) related to an accident; and (iii) physical and mechanical damage to, and loss or theft of, Optional Accessories.  Renter also accepts responsibility for loss of Vehicle due to theft occurring during the Rental Period if it is established Renter or AAD(s) failed to exercise reasonable care, or aided or abetted in the commission of the theft of Vehicle.  Renter shall provide notice to Owner or appropriate law enforcement agency within twelve hours of learning of the theft of Vehicle.  Renter is not responsible for normal wear and tear except in the case of abuse or neglect. The total liability of Renter for which Renter agrees to pay Owner for damage to, loss or theft of, Vehicle shall not exceed the lesser of: the actual and reasonable costs that the Owner incurred to repair Vehicle or that the Owner would have incurred if the Vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the Owner; or if Owner determines Vehicle is salvage or Vehicle is stolen and not recovered, the fair market value of the Vehicle immediately before the damage occurred, as determined in the applicable market for the retail sale of the Vehicle, less any net disposal proceeds. Damages for which Renter is also responsible include but are not limited to: towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. If Optional Accessories are not returned Renter shall pay owner the fair replacement value of the Optional Accessories. If Vehicle is returned during non-business hours or to any place other than Branch Address on Page 1, any damage to Vehicle or Optional Accessories, or loss or theft of Optional Accessories, occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility.  Owner will not hold Renter liable for any amounts that are recovered from any other party or for damages incurred by Owner for the loss of use of Vehicle and related administrative fees.  Upon the request of Renter, Owner shall submit any claims to Renter’s insurance carrier and will negotiate with Renter’s insurance carrier.
Right To Inspect: Failure to completely and accurately fill out and return an incident report within 10 days of receipt of notice may make Renter liable for damages sustained to Vehicle. EXCEPT where the damaged Vehicle is deemed to be a total loss and subject to salvage, Renter or his or her insurer has 72 hours from the return of Vehicle to notify Owner that he/she wishes to inspect the damaged Vehicle. The inspection must be completed within 7 business days of the return date of Vehicle. If Renter or his/her insurer does not request this inspection within the 72-hour period, Renter or his/her insurer will be deemed to have waived this right. If Owner determined the damaged Vehicle to be a total loss and subject to salvage, such 72-hour period for notification or waiver of the wish to inspect the damaged Vehicle shall not apply, and such right to inspect the damaged Vehicle shall expire 10 business days from Renter’s receipt of an incident report form and notice from Owner. Upon request of Renter or his/her insurer, Owner will provide (i) the identity of the repairer of, and provide access to, the damaged Vehicle in order to verify the nature and extent of damages, repairs and repair costs, and/or repair estimates; and (ii) a copy of Owner’s estimate of the costs of repairing the damaged Vehicle.  Twenty days prior to commencing an action against Renter, Owner will provide Renter an additional opportunity to provide the incident report by providing a second notice along with another incident report by certified mail, return receipt requested, and another copy of such notice and report by regular mail, with proof of mailing by production of a certificate of mailing; and if Renter provides Owner with a completed incident report within fifteen days of the receipt of the notice, the applicable provisions of the NY General Business Law shall be satisfied.  Renter’s rights and responsibilities hereunder may apply to other “authorized drivers” as such term is defined in section 396-z of the NY General Business Law.  Such “authorized drivers” and Renter are directed to section 396-z of the NY General Business Law for any further details regarding the nature and extent of his or her liability hereunder and the extent of his or her rights and responsibilities.

SEE SECTION 20, AND THE EXCLUSIONS BELOW, FOR INFORMATION ON OPTIONAL CDW.
THE FOLLOWING SHALL INVALIDATE CDW: A violation of the contract shall
exist and CDW (also referred to as Optional Vehicle Protection) is void and shall
not apply to the following situations:
a. the damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of the driver;
b. the damage or loss arises out of the driver’s operation of the vehicle while intoxicated or impaired by the use of alcohol or drugs;
c. the rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the renter or authorized driver;
d. the damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction;
e. the damage or loss 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;
f. the damage or loss 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 eighteen 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;
g. the damage or loss arises out of the use of the vehicle outside of the continental United States when that use is not specifically authorized by the rental agreement;
h. the authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the rental agreement.
For rentals commencing in New York, UM/UIM limits are $100,000 per person/$300,000 per accident if EP applies.
Renter’s Indemnity Provision:  Renter agrees to defend, indemnify, and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and expenses incurred by Owner arising from any bodily injury or property damage claim presented by any third party for all amounts in excess of the minimum dollar amounts required to be maintained by the Owner by the applicable motor vehicle financial responsibility laws of the State in which this agreement of rental was executed. Renter agrees to present a claim to their insurance carrier for all such expenses. If Renter has no insurance to cover such events or losses, Renter agrees to pay Owner for such losses. Renter agrees to further indemnify and hold Owner harmless to the extent permitted by law from attorney fees that are incurred or may be incurred in defending or prosecuting any claims, actions, causes of action, lawsuits or controversies that are brought by or against Owner arising from the Renter’s use, operation or possession of the rented vehicle or Optional Accessories.
New York State Child Safety Seat Law:  New York state law requires all children under the age of eight to be restrained in a federally approved child restraint system.
NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS CONSUMER PROTECTION LAW RULE:
IF YOU HAVE MADE A RESERVATION FOR A CAR (OR TRUCK), THAT RESERVATION MUST BE HONORED AT THE PRICE ORIGINALLY PROMISED, WITHIN ONE-HALF HOUR OF THE TIME ORIGINALLY PROMISED, UNLESS YOU ARE TOLD WHEN YOU MAKE THE RESERVATION THAT IT IS NOT GUARANTEED. TO REPORT COMPLAINTS, CONTACT THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NY 10004, COMPLAINT PHONE: 311 or (212) NEW YORK.

NOTICE: New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card. 

 

PAI Benefits:	Renter	Passenger
Accidental Death, Not to exceed	$250,000	$125,000
Accident Aggregate, not to exceed $500,000 per accident.

 

Roadside Plus (RSP) does not include replacement of lost keys or remote entry devices.

FOR RENTALS ORIGINATING IN NORTH CAROLINA

The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges incurred to title, register and plate all vehicles in its rental fleet registered in North Carolina. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

Vehicle shall only be used in full compliance with applicable safety laws, including adult and child restraint laws.   It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers.  Renter is required to stop for and not pass school vehicles that are picking up or dropping off passengers.

North Carolina counties and cities may each enact a 1.5% tax on the total lease or rental price, excluding highway use tax.  If so indicated on your billing information, this amount is being charged as a tax on gross receipts.

In your decisions regarding optional insurance products for your rental, please note that: (a) this may provide a duplication of coverage already provided by your personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (b) written materials are available to you (and should be requested if you have questions), which summarize and describe the material coverage terms, insurer identity, the process for filing a claim, and other information such as price, benefits, exclusions, conditions or other limitations; and (c) your purchase of an insurance product is not required in order to rent a vehicle.  Your election to purchase such an insurance product constitutes evidence of coverage.

FOR RENTALS ORIGINATING IN OHIO

IF YOU HAVE PURCHASED AN INSURANCE PRODUCT FROM OWNER, YOU ACKNOWLEDGE RECEIPT, OR OFFER, OF THE PRODUCT INFORMATION IN SECTION 20 and 21.

WHEN DECIDING WHETHER OR NOT TO PURCHASE ANY OPTIONAL PRODUCT DESCRIBED IN SECTIONS 17 AND 18, INCLUDING LOSS DAMAGE WAIVER (CDW), EXTENDED PROTECTION (ep)  (WHERE AVAILABLE) (SLI), PERSONAL ACCIDENT INSURANCE/PERSONAL EFFECTS COVERAGE (WHERE AVAILABLE) (PAI/PEC), AND/oR ROADSIDE PLUS (RSP), YOU MAY WISH TO CHECK TO DETERMINE WHETHER YOU HAVE OTHER COVERAGE OR PROTECTION FOR SUCH SERVICES, SINCE THESE COVERAGES OR PROTECTIONS MAY DUPLICATE EXISTING PROTECTION OR COVERAGE, such as under your personal authomobile policy, homeowners’ insurance policy, or another source of coverage. none of these optional products is required to rent a car. NEITHER THE rental car agency OWNER NOR ANY OF ITS Endorsees, REPRESENTATIVES OR EMPLOYEES ARE QUALIFIED TO THE EVALUATE THE ADEQUACY OF ANY EXISTING COVERAGE OR PROTECTION THAT YOU MAY HAVE.

Ohio Limited Authority License Numbers: 27413, 27392, 27720

FOR RENTALS ORIGINATING IN OREGON

NOTICE: OUR CONTRACTS OFFER, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER OR NOT TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

FOR RENTALS ORIGINATING IN PENNSLVANIA

OPTIONAL PRODUCTS NOTICE: OWNER OFFERS, FOR AN ADDITIONAL CHARGE, AS OPTIONAL PRODUCTS: DAMAGE WAIVER (DW); PERSONAL ACCIDENT INSURANCE (PAI); ROADSIDE PLUS (RSP) ANDEXTENDED PROTECTION (EP). THESE ARE DESCRIBED IIN DETAIL ELSEWHERE IN THIS AGREEMENT. THESE ARE OPTIONAL PRODUCTS WHICH MAY DUPLICATE COVERAGE I ALREADY HAVE THROUGH MY OWN INSURANCE POLICIES or MY CREDIT CARD. I AM NOT REQUIRED TO PURCHASE THESE PRODUCTS IN ORDER TO RENT A VEHICLE FROM OWNER.
Before deciding whether to purchase these optional products I may wish to examine my insurance policies or credit card agreement, or I may wish to call my insurance agent or credit card company, to determine whether they provide coverage For damage to a rental vehicle or for loss or injury caused or suffered by me. Pennsylvania law requires Owner to bear certain minimum financial responsibility for its vehicles. Owner is self-insured for this responsibility, which does not constitute liability insurance for me the renter, or for any passenger. If I elect to purchase any optional insurance product or DW, I may elect to cancel my purchase at any time during the rental by bringing the car and my copy of the contract to any  branch of Owner during business hours and agreeing in writing to modify the contract. I will not be charged for the cancelled selections beyond the day of cancellation.

REJECTION OF UNINSURED MOTORIST PROTECTION: I am rejecting uninsured motorist coverage under this rental or lease agreement and any policy of insurance or self-insurance issued under this agreement, for myself and all other passengers of this vehicle. Uninsured coverage protects me and other passengers in this vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

FOR RENTALS ORIGINATING IN PUERTO RICO

EXTENDED PROTECTION (EP) (Where available): If EP is selected and paid for, EP provides Renter or any AAD with minimum financial responsibility limits under a policy of insurance issued with ACE American Insurance Company limits AND excess insurance under a policy of insurance issued with Ace American Insurance Company. These policies together provide Renter and AAD(s) with a combined single limit per accident equal to $1,000,000. EP is primary to any other coverage and will respond to third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of Vehicle as permitted in this Agreement. EP is available for an additional charge. EP includes UM/UIM coverage for bodily injury and property damage in an amount equal to the minimum financial responsibility limits applicable to the Vehicle under the policy of insurance issued with ACE American Insurance Company, and additional coverage, through an excess liability policy under a policy of insurance issued with Ace American Insurance Company, with limits for the difference between the statutory minimum underlying limits and $100,000 per accident or Puerto Rico mandated UM/UIM limit, whichever is greater. OWNER AND RENTER REJECT ANY ADDITIONAL UM/UIM COVERAGE TO THE EXTENT PERMITTED BY LAW. EP, including UM/UIM benefits is provided only when Renter or any AAD are driving the Vehicle. No claim for UM/UIM may be made due to the negligence of the driver of the Vehicle. EP COVERAGE IS IN EFFECT ONLY WHILE ANOTHER AAD OR RENTER IS DRIVING THE VEHICLE WITHIN PUERTO RICO ; COVERAGE DOES NOT APPLY OUTSIDE OF PUERTO RICO. ADDITIONAL POLICY EXCLUSIONS INCLUDE: (A) BODILY INJURY TO RENTER, ANY AAD, OR TO THE BLOOD RELATIVES OR FAMILY OF RENTER OR ANY AAD, IF SUCH RELATIVES OR FAMILY RESIDE IN THE SAME HOUSEHOLD WITH RENTER OR WITH AN AAD; (B) PROPERTY DAMAGE TO THE RENTAL VEHICLE; (C) FINES, PENALTIES, EXEMPLARY OR PUNITIVE DAMAGES; (D) BODILY INJURY OR PROPERTY DAMAGE EXPECTED OR INTENDED FROM THE STANDPOINT OF THE INSURED; AND (E) ANY OBLIGATION FOR WHICH THE INSURED OR THE INSURED’S INSURER MAY BE HELD LIABLE UNDER ANY WORKER’S COMPENSATION, DISABILITY BENEFITS OR UNEMPLOYMENT COMPENSATION LAW OR ANY SIMILAR LAW. Note: Any UM/UIM benefits paid are included in the $1 million combined single limit EP coverage and in no way increase the combined single limit amount referenced above. A benefit summary for EP is contained within the applicable brochure or, for kiosk renters, by pressing the “Product Details” button (for internet rentals, see https://alamo.custhelp.com/app/answers/detail/a_id/1649).

Report Puerto Rico EP claims to: Gallagher Bassett Services –121 River Port Executive Center II, 13801 Riverport Drive, Suite 501, Maryland Heights, MO 63043-4810, Phone: 1 (866) 275-9195 Fax: 1 (866) 741-2200

PAI Benefits: Renter Passenger

Accident Medical Expenses, Not to exceed $3,500

Accident Ambulance Expense, Not to exceed $150

Accident Aggregate, not to exceed $130,000 per accident.

Collision Damage Waiver

CDW does not apply to damage occurring outside of Puerto Rico (operation of the vehicle in Vieques or Culebra is prohibited).

Additional Limits on Use and Termination of Right to Use.

Use Outside of Puerto Rico. Vehicle shall not be taken out of Puerto Rico without Owner’s prior written consent. Transportation and/or operating vehicles in Vieques or Culebra is prohibited. Even with Owner’s prior written consent, CDW does not apply.

FOR RENTALS ORIGINATING IN RHODE ISLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle.  Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.
"Read the collision damage waiver disclosure provision contained in this rental agreement before signing this agreement."
Notice About Liability for Damage to the Rental Car
The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver. Insurance or Credit Card Coverage Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage. Damage Waiver Coverage A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:
(1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver;
(2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
(3) Damage or loss caused while an authorized driver is engaging in any speed contest;
(4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
(5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement;
(6) Damage or loss incurred while the vehicle is driven, with the renter’s permission or accession, by anyone other than an authorized driver;
(7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;
(8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and
(9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.

THE LIABILITY INSURANCE OF ANY DRIVER OR LESSEE OF THE VEHICLE RENTED UNDER THIS CONTRACT IS PRIMARY AS REQUIRED BY R.I.G.L. 31-34-4.

FOR RENTALS ORIGINATING IN SOUTH CAROLINA

Notice: § 56-31-50 of the South Carolina Statutes requires private passenger vehicle rental companies to collect a five percent surcharge on rentals of thirty-one days or less.  In your decisions regarding optional insurance products for your rental, please note that: (a) you may have insurance policies in place that already provide the coverage being offered or otherwise present a duplication of coverage; (b) written materials are available to you (and should be requested if you have questions), which summarize and describe the material coverage terms, insurer identity, and the process for filing a claim; and (c) your purchase of an insurance product is not required in order to rent a vehicle.  Your election to purchase such an insurance product constitutes evidence of coverage.

FOR RENTALS ORIGINATING IN TENNESSEE

OPTIONAL PRODUCTS NOTICE:

Purchaser of the insurance coverage, Collision Damage waiver or Roadside Assistance Protection may be covered for such claims on the Renter’s personal motor vehicle insurance policy, and if such insurance coverage exists under the Renter’s personal insurance policy, and the coverage is confirmed, the Renter may require the Owner to submit any claims to the Renter’s personal insurance carrier as the Renter’s agent. The purchase of any of these products is optional and not required to rent a vehicle.

FOR RENTALS ORIGINATING IN TEXAS

NOTICE:  Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.
Notice: YOUR PERSONAL AUTOMOBILE INSURANCE MAY PROVIDE COVERAGE
FOR YOUR LIABILITY WHILE OPERATING A RENTAL VEHICLE. THE PURCHASE
OF SLP IS NOT REQUIRED AS A CONDITION OF RENTING AN AUTOMOBILE. THIS
INSURANCE DOES NOT APPLY TO ANY BODILY INJURY OR PROPERTY DAMAGE
ARISING OUT OF THE USE OF A RENTAL VEHICLE BY ANY DRIVER WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAW. THE RENTAL CAR COMPANY’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF THE RENTER’S EXISTING COVERAGE.

THE HARRIS COUNTY-HOUSTON SPORTS AUTHORITY REQUIRES THAT AN
ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR
THE PURPOSE OF FINANCING ONE OR MORE APPROVED VENUE PROJECTS.

THE CITY OF EULESS REQUIRES THAT AN ADDITIONAL TAX OF 5% PERCENT BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING CERTAIN PROJECTS UNDER A REVENUE SHARING AGREEMENT.
THE CITY OF AUSTIN REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE TOWN LAKE PARK COMMUNITY EVENTS CENTER VENUE PROJECT.
BEXAR COUNTY REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING A MULTIPURPOSE SPORTS AND COMMUNITY VENUE PROJECT APPROVED BY THE VOTERS OF THE CITY ON NOVEMBER 2, 1999.
THE CITY OF EL PASO REQUIRES THAT AN ADDITIONAL TAX OF 5% BE IMPOSED ON EACH MOTOR VEHICLE RENTAL FOR THE PURPOSE OF FINANCING THE SUN BOWL VENUE PROJECT
Extended Protection
Optional Extended Protection (EP) provides the Renter with minimum financial responsibility limits as set forth in the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated and excess insurance provided by the insurer, which supplies the Renter and authorized drivers with third-party liability protection with combined single limit per accident equal to the difference between the minimum financial responsibility limits set forth above and 1,000,000 Combined Single Limit per accident. EP will respond on a primary basis for third party accident claims that result from bodily injury, including death, and property damage that arise from the use or operation of the rental vehicle as permitted under this Rental Agreement. EP is available for an additional charge as stipulated on the rental agreement.
Exclusions: For all exclusions, see the Rental Agreement and the EP policy issued by the insurer. Here are a few key exclusions: (a) loss arising out of an accident which occurs while the Renter or ADD is under the influence of alcohol or drugs in violation of the law; (b) loss arising out of the use of a rental vehicle when such use is in violation of the terms and conditions of the rental agreement; (c) loss arising out of bodily injury or property damage sustained by a Renter or Authorized Driver or family member of the Renter or ADD who resides in the same household; (d) loss arising out of the operation of the rental vehicle by any driver who is not a Renter or ADD; (e) bodily injury to an employee or the spouse, child, parent, brother or sister of that employee, arising out of and in the course of employment by the Renter or ADDs; (f) property damage to property transported or in the care, custody or control of the Renter or ADDs; (g) damage to the rental vehicle; (h) Liability arising out of the use of a rental vehicle, which was obtained, based on false, misleading or fraudulent information. The coverage provided under the policy for the insured is void in any case of fraud by the insured relating to it. It is also void if the insured intentionally conceals or misrepresents a material fact concerning the policy. 
You may not need the automobile insurance (EP) offered by Owner . Your Texas automobile policy provides coverage for your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage. The purchase of EP is not required as a condition of renting an automobile. The rental car company’s employees, agents or endorsees are not qualified to evaluate the adequacy of the existing coverage. 
This insurance does not apply to any bodily injury or property damage arising out of the use of a rental vehicle by any driver while under the influence of drugs or alcohol in violation of the law.
Report EP Claims to:
Sedgwick CMS
P.O. Box 94950
Cleveland, OH 44101

Phone: 1-888-515-3132 Fax: 1-440-914-2903

FOR RENTALS ORIGINATING IN UTAH

Renter violates Utah statute § 76-6-410.5 if any vehicle rented is not returned within 72 hours of midnight on the return date specified for that rental. Such violation may subject Renter to imprisonment for up to 15 years and a fine of up to $10,000.00.

 “RENTER’S OWN MOTOR VEHICLE INSURANCE OR HIS CREDIT CARD MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE.”

FOR RENTALS ORIGINATING IN VERMONT

The failure to return a rented or leased motor vehicle within 72 hours after the date and time specified in this agreement without extending the date and time is a crime under Vermont law (13 V.S.A. 2592) and may result in a criminal penalty of up to five years imprisonment or a $5,000.00 fine, or both.
Special Tax Descriptions
The Burlington International Airport Facility Charge (BIA FEE) which is required to be collected from Renter in connection with this rental for the construction, financing, operation and/or maintenance of this consolidated rental car facility, other airport facilities, and/or transportation related facilities.
The Concession Recovery Fee (CONC REC) which is Owner’s charge to recover the concession fees paid by Owner to an airport’s owner or operator in connection with this rental

The Vehicle License Fee Recovery (VLF REC) which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliates to title, register a plate all vehicles in its rental fleet registered in Vermont. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.Insurance Coverage to be provided by Renter’s Insurance.

FOR RENTALS ORIGINATING IN VIRGINIA

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DA MAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

FOR RENTALS ORIGINATING IN WASHINGTON

THE INSURANCE POLICIES OFFERED HEREIN MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY RENTER’S  PERSONAL AUTOMOBILE INSURANCE POLICY, RENTER’S HOMEOWNERS’ POLICY, OR SOME OTHER POLICY YOU MAY OWN OR BE ENTITLED TO.   OWNER IS NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING INSURANCE COVERAGE.  RENTERIS NOT REQUIRED TO PURCHASE INSURANCE FROM OWNER IN ORDER TO RENT A CAR FROM OWNER.

PAI Benefits**	Renter	Passenger
Accidental Death, Not to Exceed	$100,000	$10,000
Accident Medical Expenses, Not to exceed	$3,500	$3,500
Accident Ambulance Expense, Not to exceed	$150	$150

Accident Aggregate, not to exceed $130,000 per accident.
Washington State Information:
Department of Insurance Customer Hotline:
In WA 1-800-562-6900

Outside WA 1-360-725-7080.

FOR RENTALS ORIGINATING IN WISCONSIN:

YOU AGREE THAT YOU HAVE RECEIVED AND REVIEWED THE FOLLOWING NOTICE AND DISCLOSURE:
WHAT IF YOU DAMAGE A RENTAL CAR?

We Must Provide You With
An Important Notice About Your
Liability For Damage To A Rental Car

A rental company that offers or sells a damage waiver shall provide to each renter a written notice that is part of the rental agreement or on a separate form. The notice must look like this:

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR

The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver.

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 intentional, reckless or wanton misconduct. 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 costs incurred by the rental company for towing the private passenger vehicle and for storage of the private passenger vehicle during the period before the renter notifies the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.

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.

DAMAGE WAIVER COVERAGE

A damage waiver is not insurance coverage. If you purchase a damage waiver for up to $29.99 per day, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:
(a) The damage is caused by the renter or authorized driver intentionally or by his or her reckless or wanton misconduct.
(b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or (2m).
(c) The damage occurs while the renter or authorized driver operates the private passenger vehicle in another state while under the influence of an intoxicant or other drug, as described in the laws of that state.
(d) The damage occurs while the renter or authorized driver is engaged in a race or speed or endurance contest.
(e) The damage occurs while the renter or authorized driver is using, or has directed another to use, the private passenger vehicle in the commission of a misdemeanor or felony, as those terms are defined in s. 939.60.
(f) The damage occurs while the renter or authorized driver uses the private passenger vehicle to carry persons or property for hire.
(g) The damage occurs while the renter or authorized driver uses the private passenger vehicle outside of the United States or Canada, unless use outside the United States or Canada is permitted under the rental agreement.
(h) The damage occurs while the private passenger vehicle is operated on a surface not intended for use by private passenger vehicles.
(i) The renter provided misleading or false information to the rental company, causing the rental company to rent the private passenger vehicle when the rental company would not have otherwise done so, or on terms to which it would not have otherwise agreed.
(j) The renter or the authorized driver who was operating the private passenger vehicle when an accident occurred fails to promptly report to the police and rental company the accident resulting in damage to the private passenger vehicle.
(k) The damage occurs while the private passenger vehicle is operated by someone other than an authorized driver as defined in s. 344.57 (2). This paragraph does not apply if the vehicle has been lost or a theft has occurred and the renter is presumed to have not caused the theft or loss intentionally under s. 344.574 (1) (a) 3.

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 requested within 2 working days of giving to the renter or authorized driver the notice, the rental company shall obtain a 2nd estimate from a competing repair shop and make a copy available to the requester.

COMPLAINTS

If you have any complaints about our attempt to hold you liable for damages or would like a copy of the state law that fully sets forth your rights and obligations, contact:
Wisconsin Department of Agriculture, Trade and Consumer Protection 
PO Box 8911, Madison, WI 53708-8911
608-224-4953 or toll-free 1-800-422-7128

WHAT IF YOU FAIL TO PAY A PARKING TICKET?

We Will Charge Your Credit Card For Unpaid Parking Tickets You May Incur While The Vehicle Is In Your Possession.

NOTICE ABOUT CHARGES AGAINST YOUR CREDIT CARD FOR UNPAID

PARKING TICKETS

IF YOU FAIL TO PAY any forfeitures, costs, or towing and storage charges for nonmoving traffic violations incurred while you are in possession of the rental or leased vehicle, the rental company may pay those sums and CHARGE TO YOUR CREDIT CARD the amount paid for the forfeitures, costs, or charges plus an administrative fee of not more than $30.

30. List of Subsidiaries of Enterprise Holdings, Inc., referenced in Section 1 of the Renter Agreement.

Enterprise Leasing Company of STL, LLC Enterprise Leasing Company of Georgia, LLC Enterprise Leasing Company of Florida, LLC Enterprise Leasing Company of KS, LLC EAN Holdings, LLC

Enterprise Leasing Company of Orlando, LLC

Enterprise Leasing Company of Indianapolis, LLC

Enterprise Rent-A-Car Company of Boston, LLC

Enterprise Leasing Company of Denver, LLC

Enterprise Leasing Company of Chicago, LLC

Enterprise RAC Company of Maryland, LLC

Enterprise Leasing Company of Philadelphia, LLC

Enterprise RAC Company of Baltimore, LLC

Enterprise Leasing Company of Minnesota, LLC

Enterprise Leasing Company of Detroit, LLC

Enterprise Leasing Co of Norfolk/ Richmond, LLC

Enterprise Rent-A-Car Company of San Francisco, LLC

ELRAC, LLC

SNORAC, LLC

Enterprise Rent-A-Car Company of Sacramento, LLC

Enterprise Rent-A-Car Company of Los Angeles, LLC

CLERAC, LLC

Enterprise Rent-A-Car Company of Pittsburgh, LLC

Enterprise Rent-A-Car Company of Wisconsin, LLC

Enterprise Rent-A-Car Company of UT, LLC

CAMRAC, LLC

Enterprise Rent-A-Car Company of Rhode Island, LLC

Enterprise Leasing Company of Phoenix, LLC

Enterprise Leasing Company- Southeast, LLC

Enterprise Leasing Company- West, LLC

Enterprise Leasing Company- South Central, LLC

PENRAC, LLC

Enterprise Rent-A-Car Company - Midwest, LLC

Enterprise RAC Company of Montana/Wyoming, LLC

PRERAC, Inc.

31. Customers with Disabilities. For customer service inquiries related to customers with disabilities, please call 1 (888) 651-1223, email mobility@alamocar.com, or TTY 1 (800) 522-9292