Agreement
ABC AUTOCARS car rental agreement
This Car Rental Agreement is made and entered into
as of MM/DD/YYYY, between ABC AUTOCARS INC, with an
address of 19201 Collins Ave, CU-202, Sunny Isles
Beach, FL 33160 (“ABC AUTOCARS”)
and “Primary Driver”
First Name: [your-name]
Last Name: [your-lastname]
Date of Birth (MM/DD/YYYY): [your-dateofbirth]
Driver’s License #: [your-driver_license]
Valid Email address: [your-email]
Valid Mobile Phone #: [your-tel]
“Primary Driver” may also be referred to as “Client”
The “Client” on the Booking Summary & Price
Summary above were connected online through a
website ABC AUTOCARS, and/or associated services
provided by ABC AUTOCARS Inc (collectively, the
“ABC AUTOCARS Services”). As part of connecting
through the ABC AUTOCARS Services, the Client
agreed to be bound by the ABC AUTOCARS Policies,
Terms of Service and incorporated policies
(https://www.abcautocars.com/policies/).
The Booking Summary and this Car Rental Agreement
are collectively referred to as the “Agreement” and
relate to the Booking detailed in the Booking
Summary.
ABC AUTOCARS and Client may also be referred to as
“Party” in the singular and “Parties” in the
plural.
1. DEFINITIONS
1.1 “Primary Driver” means such person who is duly authorized by ABC AUTOCARS to drive the vehicle and identify on booking Summary.
1.2 “Additional Driver” means such person who, in
addition to the Driver, is duly authorized by ABC
AUTOCARS to drive the vehicle;
1.3 “Client” means all of the persons, jointly and
severally, whose names appear on the Rental
Agreement and Booking Summary, including any
additional driver, identified on the Rental
Agreement and on the Booking Summary as “Primary
Driver” and/ or “Additional Driver”
1.4 “Rental Period” means the period between the
time Client takes possession of the Vehicle and the
termination date and time as specified in the
Rental Agreement and Booking Summary or until the
Vehicle is returned or recovered and in either case
or if such period is extended, the time and date
entered on ABC AUTOCARS’s records of the rental;
1.5 “Vehicle” means the motor vehicle described on our website or in the Rental Agreement and Booking Summary including, without limitation: all keys, tires, tools, equipment, accessories and documents in and on the vehicle when the client and/or the Driver takes possession of the vehicle at the renting location and includes any replacement vehicle which has been officially authorized by ABC AUTOCARS, whether or not such replacement vehicle was authorized or approved by the client;
1.6 “Renting location” means the ABC AUTOCARS location from which the vehicle is rented by the Client, alternatively any location agreed upon by the parties, identified on the Rental Agreement and on the Booking Summary as “Pick up Location” and/ or “Return Location”
1.7 “Protection option” Protection option made available on ABC AUTOCARS to clients include liability insurance and a contract that sets forth your level of responsibility for Physical Damage (which is not insurance). Our protection option for clients do not cover interior damage or mechanical damage — Client responsible for repair or replacement, as well as Related Costs, for interior damage or mechanical damage occurring during the Rental period.
2. TERMS
2.1 Ownership. The Vehicle is, property of ABC AUTOCARS.
2.2 Vehicle Condition/Warranty Exclusion. Client agrees and asserts Client received the Vehicle in good physical and mechanical condition, without any exterior and inerior damages with the clutch and transmission in good working condition unless otherwise identified in Booking Photos or Videos at the start of reservation. Client acknowledges that damage to the clutch and/or transmission may not be apparent at the time the vehicle is returned due to the high temperature of the engine. Client agrees to be notified of any damages incurred to the clutch or transmission after the vehicle has been returned. Client is taking possession of the Vehicle “as-is” and has had an adequate opportunity to inspect the Vehicle and their operation. ABC AUTOCARS excludes all warranties, both express and implied, with respect to the Vehicle, including any implied warranty of merchantability or fitness for a particular purpose. Client agrees not to alter or tamper with the vehicle. If Client determines the Vehicle is unsafe, Client shall stop operating the Vehicle and notify ABC AUTOCARS immediately.
2.3 Clients property, including personal information and data. ABC AUTOCARS is not responsible for any damage to, loss or theft of, any personal property of Client or data contained therein, whether the damage or theft occurs during or after termination of the booking regardless of fault or negligence. No bailment is or shall be created upon ABC AUTOCARS, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or on ABC AUTOCARS’s premises. Client acknowledges that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Reservation Period. Client releases ABC AUTOCARS from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
2.4 Vehicle Return.
Failure to return rented 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, Florida
statutes.
The Client shall return the vehicle, at the
Client’s expense to an authorized representative of
ABC AUTOCARS at such time and location agreed to by
ABC AUTOCARS. The Client acknowledges that failure
to return the vehicle in terms hereof shall
constitute illegal possession by him, and ABC
AUTOCARS may repossess the vehicle wherever same
may be found and from whomsoever is in possession
thereof. Any costs incurred by ABC AUTOCARS to
retrieve the vehicle will be charged to the account
of the Client, including, but not limited to, any
physical damage that occurs in the repossession of
the vehicle. Should the vehicle not be returned as
indicated above, any Waiver option and/or Personal
Accident Insurance cover in terms hereof will
become null and void. Should the vehicle not be
returned as indicated above, the vehicle may be
reported as stolen to the appropriate authorities.
The vehicle shall be returned to ABC AUTOCARS in
the same condition as received, that being
undamaged, in good order and in a roadworthy
condition, fair wear and tear excepted. When the
Client returns the vehicle to any Renting Location,
the Client shall: park the vehicle in ABC
AUTOCARS’s reserved parking: and ensure that the
vehicle is properly locked and secure; and hand the
keys to an authorized representative of ABC
AUTOCARS or leave the keys in a drop safe provided
at the offices of ABC AUTOCARS, to be used when the
offices are not open for business. In the event
that the vehicle is not returned in accordance with
Rental Agreement, the sole risk of loss or damage
to the vehicle will remain vested in the Client
until such time as ABC AUTOCARS has recorded the
return of the vehicle. It is the responsibility of
the Client to ensure that the vehicle is fully re-
fueled when returning the vehicle. Failure to do so
will result in ABC AUTOCARS refueling and charge
the Client for the fuel.
2.5 Client Protection Option. The Client protection option represents the amount the Client must pay in the event of damage to the Vehicle.
2.6 Client Financial Responsibility is Primary. As outlined in ABC AUTOCARS’s Terms of Service, with regard to physical damage to or theft of the Vehicle that occurs during the Reservation Period, Client is financially responsible, regardless of who is found at fault. This responsibility applies whether Client has their own auto insurance or not. Client will work with ABC AUTOCARS to make a claim for coverage under any policy of insurance that applies to the loss if any damage occurs to the Vehicle during the Reservation Period. Any protection option selected by Client when booking a vehicle, to the extent offered, will not be available until all personal insurance options, protection and/or coverage have been exhausted.
2.7 Clients Resident in the State of Florida;
Clients with a Booked Car in the State of Florida;
Clients Insured in the State of Florida. The valid
and collectible insurance and personal injury
protection insurance of any authorized rental or
leasing driver is primary for the limits of the
liability and personal injury protection coverage
required by ss.324.012 (7) and (627.736), Florida
Statutes.
2.8 Telematics Notice and Release. The Vehicle may
have features or an on-board device that may
monitor the state of the Vehicle from moment to
moment, during the Reservation Period. The
non-personal information collected by the features
or on-board device may include, for example, the
Vehicle’s condition; damage and accident records;
performance, operation and diagnostic data; and
information on mileage, acceleration, velocity,
fuel consumption, fuel level, tire pressure,
odometer, location and direction, and other vehicle
information (“Vehicle Data”). Use of the features
or on-board device is subject to the terms and
conditions posted by the vehicle manufacturer or
technology provider, 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.
Unless prohibited by law, Client authorizes the use
or disclosure of or access to the Vehicle Data and
Client shall inform any and all Additional drivers
and passengers of the terms of this section. Client
releases ABC AUTOCARS and agrees to indemnify,
defend and hold harmless ABC AUTOCARS, operator of
the features or on- board devices, 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 Client, an Additional
drivers and passengers) or property caused by
failure of the features or on-board device to
operate properly or otherwise arising from the use
of the feature or on-board device by Client, a
Additional drivers or ABC AUTOCARS.
3. GENERAL. In case any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver by either party of any right under this Agreement or failure to perform or of a breach by the other party shall not be deemed a waiver of any other right under the Agreement or of any other breach or failure by such other party whether of a similar nature or otherwise. This Agreement cannot be altered by another document or oral agreement unless agreed to in writing or through the ABC AUTOCARS Services. In the event of any conflict between the terms of this Agreement and the terms of the ABC AUTOCARS Terms of Service, the ABC AUTOCARS Terms of Service control.
4. Payment
To book a car on ABC AUTOCARS, you must have a
current, eligible payment card listed on rental
agreement or/and on your account. We accept credit
and debit cards but don’t accept prepaids
cards.
All payments are due on demand, (unless otherwise
agreed in writing by ABC AUTOCARS). All charges
payable by the Client shall be payable by credit
card, debit card or in cash of the Rental Period
and/or ABC AUTOCARS requires all or any of the
charges to be prepaid in advance. In the event
where a Client chooses to pay cash for a rental,
the Client will not be entitled to set-off or
withhold payment of any amounts due in terms of
this agreement for any reason whatsoever. If ABC
AUTOCARS has agreed to accept payment from the
Client by credit card, debit card or charge card
specified in the agreement, the Client’s signature
of this agreement will constitute irrevocable
authority for ABC AUTOCARS to obtain authorization
and/or payment. The signature will also constitute
irrevocable authority for the issuer of the card to
debit him with the total amount due to ABC AUTOCARS
including but not limited to any Damages and/or
Loss suffered by ABC AUTOCARS. In the event that
the Client returns the vehicle to ABC AUTOCARS
prior to the termination of the Rental Period as
specified hereof, the Client will pay the usual
rates and charges applicable to the Rental Period
and the rates and charges for the full Rental
Period and/or miles actually occurred. In the event
of an incident and/or if the vehicle is stolen
and/or lost, the amount of the Damages and/or the
Total Loss as suffered by ABC AUTOCARS is payable
by the Client immediately on demand by ABC AUTOCARS
or its duly authorized representative. The Client
shall be obliged to accept the quotation for
repairs as proof of quantum for the Damages caused
to the vehicle. Damages in excess of $15,000.00
will be supported by an independent assessor’s
report. The Client by signing the rental agreement,
accepts full responsibility for the damages
incurred for which he/she is liable. The Client
agrees that if payment is to be made by credit card
and debit card, his/her signature on the rental
agreement shall constitute authority to debit
his/her credit card and debit card for the total
amount due including his/her full liability for any
damages incurred. If any amount is not paid on due
date, ABC AUTOCARS may without prejudice to any
rights it may have, charge interest on the overdue
amount at the applicable prescribed legal rate or
prime as charged by Bank of America plus 5%,
whichever is the higher, and in the sole discretion
of ABC AUTOCARS. A certificate of any director,
manager or accountant of ABC AUTOCARS as to any
amount owed by the Client to ABC AUTOCARS shall
constitute prima facie proof of that amount.
5. Payment method:
Card Type [card-type] Name on Card
[your-cardholder_name]
Card # [your-card_numb] Expiration date
[your-expiration_date] CVV (security code)
[your-cvv_code]
Billing address:
Building: #[your-building-number] Apartment: (Unit)#[your-apartment-number]
Street: [your-street]
City: [your-city] Country: [your-country]
State (Region): [your-state] Zip code: (Postal code) [your-zip-code]
6. Verification photos:
You need to submit driver’s license photos for
approval. Take a clear, close-up photo where all
four corners and sides of the license are visible.
Driver’s license pictures:
“Primary Driver” “Additional Driver”
If we’re not able to conclusively verify your
identity we may ask for up to 2 additional
photos:
1. A selfie of you holding your driver’s license
next to your face.
2. Your passport, open to its ID Page.
You’ll get an email or notification if you need to submit additional photos for approval.