Terms of service

Last revised: June 14, 2023

Thank you for your interest in ABC AUTOCARS!

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS.

Initiation

ABC AUTOCARS Inc. and its subsidiaries (collectively, “ABC AUTOCARS”, “we”, or “us”), provide an online car rental platform that connects us with travelers and locals seeking to book our vehicles. ABC AUTOCARS is accessible online including at abcautocars.com. The ABC AUTOCARS websites, email, blog, ABC AUTOCARS rental agreement and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you or client agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and ABC AUTOCARS.

These Terms, together with the ABC AUTOCARS privacy policy, cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you or client and ABC AUTOCARS (each a “Party” and together, “the Parties”).

Modification. ABC AUTOCARS reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your ABC AUTOCARS Account within 30 days. If you choose to close your ABC AUTOCARS Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Definition of terms

“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 delivery 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;

“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”

“Rental Period” – means the period between the time Glient 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;

“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”

“Primary Driver” – means such person who is duly authorized by ABC AUTOCARS to drive the vehicle as in rental agreement and identified on the Booking Summary ;

“Additional Driver” – means such person who, in addition to the Driver, is duly authorized by ABC AUTOCARS to drive the vehicle;

“Contract Fee” – means a once-off charge per rental to cater for, inter alia, storage fees of Original Documents;

“Extend” – means any extension of the Rental Period authorized by ABC AUTOCARS;

“Damages” – (in relation to the vehicle) means the actual expenditure in towing. Transporting and storing the vehicle, repairing any outside or inside damage, interior damage (including tire and rim damage), replacing parts and/or accessories (without allowing for depreciation), remunerating an expert to inspect any incident and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by Owner to be prima facie proof of any such expenditure) or any other charges incurred related to an incident of whatsoever nature;

“Repairer OR Suppliers of our choice” – We reserve the right to require any work to be carried out at a repairer of our choice, or any replacement to be done by a supplier of our choice;

“Total Loss” – (in relation to a vehicle) means – (a) Damages where the estimated costs of repairs is such that the vehicle is, in the sole and absolute discretion of ABC AUTOCARS, uneconomical to repair in relation to the value of the vehicle and condition of the vehicle for the time being; or (b) When the vehicle is stolen and/or lost; The amount of the total loss will be the retail value as reflected in the Auto Dealers Guide or if not reflected therein, the new list price of the vehicle, as supplied by the manufacturer, as at the date of loss, less any salvage; and “Waiver” means a reduction of liability/responsibility of the client in the event of an incident and/theft and/loss of the vehicle or a loss in relation to the vehicle. The singular shall include the plural and vice versa, the masculine gender shall include the feminine gender and vice versa and natural persons shall include legal and juristic persons and vice versa.

“Auto Dealers Guide” – means the Kelley Blue Book’s publication containing, inter alia, recommended selling prices of motor vehicles;

“Day” – means a period of 24 hours (or any part thereof), calculated from the time out as reflected in rental period;

Acceptability

The Services are intended solely for clients who meet our age requirements, who has valid driver’s license. Any use of the Services by anyone that does not meet these requirements is explicitly prohibited.

Rental of the vehicle

ABC AUTOCARS rents to the client, who employs the vehicle subject to the terms and condition applicable at the time of the rental. The client will be bound by these terms and conditions, whether he/she was driving the vehicle or not.

Registration

To access certain features of the Services, you must sign up for an account with us (a “ABC AUTOCARS Account”). You can create a ABC AUTOCARS Account by providing us your first and last name, email address, phone number and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle you provide us with certain additional information about yourself. Similarly, when you list a vehicle you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your ABC AUTOCARS Account up to date at all times. Based on information you provide, ABC AUTOCARS may impose additional requirements for you to book a car (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification

ABC AUTOCARS has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver’s license validity. ABC AUTOCARS may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize ABC AUTOCARS to request, receive, use, and store such information. ABC AUTOCARS may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. ABC AUTOCARS may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We endorse the safety, roadworthiness our vehicles. Our vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Checking in

When the client arrives to pick up the rental vehicle, we conduct a brief physical inspection of their driver’s license to ensure it matches the verified information. Also, to make sure that the photo on the license matches the person presenting it
Client is taking possession of the Vehicle “as-is” and has had an adequate opportunity to inspect the Vehicle and their operation.
Review your vehicle for any existing damages and verify if they are listed on your rental agreement. If not, alert a ABC AUTOCARS employee to record them before start moving; Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos and/or send them through email to ABC AUTOCARS such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, ABC AUTOCARS, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period.

Client agrees and asserts Client received the Vehicle in good physical and mechanical condition with the clutch and transmission in good working condition unless otherwise identified in Booking Photos, Messages, Alerts or Booking Videos before Client begins use the vehicle. If Client is not agree, alert a ABC AUTOCARS employee to record it before start moving; Client agrees to pay ABC AUTOCARS for any and all cost incurred as a result of damages. Client also agrees to pay for such damages via their cash deposit or via the credit card and debit card on file with ABC AUTOCARS. 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/driver

Client Obligation

As a client, you commit that you will be a legally licensed driver and provide proof to the ABC AUTOCARS or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Additions well and will take all reasonable measures to return the vehicle and any applicable Additions on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the booking details as an Athorized Driver to drive the vehicle you booked.

Client financial responsibility for physical damage to the vehicle

The client that booked the vehicle is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a booking, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the client has their own auto insurance or not.

Clients may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on ABC AUTOCARS, you agree that if any damage occurs to the booked vehicle during the booking, you will work with ABC AUTOCARS to make a claim for coverage under any policy of insurance that applies to the loss.

Client can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booking by choosing a protection plan on the Services. The limitation on the amount a client may have to pay out of pocket included in any protection plan only applies if the client and any Athorized Driver abide by these Terms and to physical damage that is not mechanical or interior damage.

Use of car
The vehicle may be utilized by Client, the Pimary Driver or the Additional Driver for the Rental Period or any extended period as agreed to by ABCAUTOCARS.
The Client agrees that any extension so noted on ABC AUTOCARS’s records would correctly reflect such extended period as agreed to by ABC AUTOCARS.
During the Rental Period, client must use the vehicle only for personal use and not for any commercial purposes, the vehicle may not be used, inter alia: for the conveyance of passengers and/or goods for reward; to propel or tow any other vehicle, (including any caravan or trailer) unless authorized by ABC AUTOCARS in writing; to transport goods in violation of any customs laws or in any other illegal manner; in any motor sport or similar high-risk activity; beyond the borders of South Florida U.S. State of Florida, unless authorized ABC AUTOCARS in writing; or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the foregoing.
Vehicle must stay within Florida State. Vehicle may not be driven or moved out of the South Florida U.S. If vehicle be driven or moved out of the South Florida U.S. State of Florida, the vehicle will be repossessed and the rental charges, deposit becomes nonrefundable. Client hereby agrees to pay the ABC AUTOCARS extra Fees: $5,000.00.
A $500 fee per rim that returns with scratches. This will be taken from the damage deposit upon return of the vehicle.
If vehicle exceeds the posted speed limit, the vehicle will be repossessed and the rental charges, deposit becomes nonrefundable.
No smoking in vehicle, the full damage deposit will be charged for smoking in the vehicle. This is per vehicle charge. Other fees may be assessed depending on the damage caused by the smoke to the vehicle.
ABC AUTOCARS rents to the Client, who employs the vehicle subject to the terms and condition applicable at the time of the rental. The Renter will be bound by these terms and conditions, whether he/she was driving the vehicle or not.
The Client shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the general of the foregoing, he/she shall keep the vehicle properly locked and immobilized and the burglar alarm(if any) must be activated and any anti-theft device in the vehicle must be properly secured and in place when the vehicle is not use.
Should damages and/or loss be sustained as a result of not removing the removable face (if any) of the radio, the Client shall be liable for such damages and/or loss.
The Client will ensure that the keys of the vehicle are under the Client’s control at all time. ABC AUTOCARS will at all times remain the owner of the vehicle. The Client or passengers cannot smoke in the vehicle during the Rental Period, otherwise the Client will be charged a $500 cleaning fee.
The vehicle may only be driven by the Client. The Client warrants that at all times the vehicle will not be driven by any person authorized in terms of rental agreement to drive the vehicle whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or while under the influence of intoxicating liquor or narcotic drugs or similar substances and that every person authorized in terms of rental agreement to drive the vehicle will have a valid license to drive the vehicle, and that such person will comply with all applicable laws and will comply in all respects with the provisions of the agreement. The Client warrants that he/she will inform ABC AUTOCARS of any physical impairment of a person who wishes to be authorized to drive the vehicle, if that physical impairment may prejudice ABC AUTOCARS in any way if the vehicle has not been adapted to accommodate the physical impairment. Should the Clients fail to notify ABC AUTOCARS of such physical impairment, the Client will bear the full liability and responsibility for Damages in the event of an accident. If the vehicle is driven by anyone other than the Client, then, without derogating from any rights or remedies which ABC AUTOCARS may have, the Client shall remain liable for all his/her obligations in terms of rental agreement and in particular, he/she shall be liable to ABC. AUTOCARS as if he/she had been driving the vehicle, and the Client warrants that he/she is entitled and has the capacity to enter into rental agreement; that all particulars given to ABC AUTOCARS and/or recorded on rental agreement are true and correct.
Client may not access a vehicle until the booking start time and client must return the vehicle on time and to the correct location. Client must present ABC AUTOCARS with a current, valid driver’s license. Client must exercise reasonable care in his/her use of the vehicle. Client is required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event ABC AUTOCARS has any concern about client use of a vehicle, ABC AUTOCARS may terminate your booking in its discretion at any time and require the return of the vehicle, including recovering the vehicle.
Client is required to wear seat belts during the operation of the vehicle and to require that all of his/her passengers wear seat belts. Client is also required to meet any laws or regulations concerning child safety seats and other protections for children. Client must not leave the car unlocked or with the keys unsecure (such as in the ignition). Client must not engage in any prohibited actions with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive.
If clints misuse a vehicle, client will be fully financially responsible for any related claims, loss, or damage, and client’s protection plan may be voided.

Prohibited actions:
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to. Violate any law, Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights. Post false, inaccurate, misleading, defamatory, or libelous content. Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to ABC AUTOCARS, or that comes from the Services and belongs to another ABC AUTOCARS user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of ABC AUTOCARS. Dilute, tarnish, or otherwise harm the ABC AUTOCARS brand in any way, including:through unauthorized use of the Services and/or user content; Registering and/or using “ABC AUTOCARS” or derivative terms in domain names, trade names, trademarks, or otherwise; Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to ABC AUTOCARS domains, trademarks, taglines, promotional campaigns, or ABC AUTOCARS and/or user content; Provide or submit any false or misleading information, including: False name, date of birth, driver’s license details, payment method, insurance, or other personal information; in relation to a claim; By registering for a ABC AUTOCARS Account on behalf of an individual other than yourself; Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; Fail to honor your commitments, including: Fail to pay fees, penalties, or other amounts owed to ABC AUTOCARS; Fail, as either a Client to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason; Use the Services to find a car, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by ABC AUTOCARS (aka, gray market transactions, which do not necessarily require the exchange of money); Transfer your ABC AUTOCARS Account and/or user ID to another party without our consent; Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by ABC AUTOCARS in certain limited circumstances; Harm or threaten to harm employees of ABC AUTOCARS, including: Engage in physically or verbally abusive or threatening conduct; Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers; Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the ABC AUTOCARS community; Sue or assert legal claims against ABC AUTOCARS in any manner prohibited or waived by these Terms; Use the Services for your own unrelated purposes, including to: Commercialize any content found on the Services or software associated with the Services, including reviews; Recruit or otherwise solicit any user to join third-party services or websites that are competitive to ABC AUTOCARS, without our prior written approval; Interfere with the operation of the Services, including by: Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam); Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm ABC AUTOCARS or the interests or property of others;Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure; Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise; Using, displaying, mirroring, or framing the Services or any individual element within the Services, the ABC AUTOCARS name, any ABC AUTOCARS trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of ABC AUTOCARS; Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers; Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures; Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by ABC AUTOCARS or any of our service providers or any other third party (including another user) to protect the Services; Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information; Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; Endeavoring to circumvent a suspension, termination, or closure of your ABC AUTOCARS Account or the account of another ABC AUTOCARS user, including, but not limited to, creating a new ABC AUTOCARS Account or listing vehicles affiliated with or registered to a ABC AUTOCARS Account holder that has been suspended, terminated, or closed;

Legal issues

ABC AUTOCARS shall be entitled in its sole and absolute discretion to terminate car rental agreement at any time by notice (verbal or in writing) to the Client, whereupon the Client shall immediately return the vehicle to ABC AUTOCARS. In the event of such failure to return the vehicle to ABC AUTOCARS; ABC AUTOCARS shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Client and the rights of ABC AUTOCARS shall continue in full force and effect until the vehicle has been returned to ABC AUTOCARS. Any costs incurred by ABC AUTOCARS to retrieve the vehicle will be charged to the account of the Client. The Client shall give ABC AUTOCARS 24 hours’ notice, prior to the termination of the car rental agreement, of his/her intention to extend the Rental Period. The Rental Period shall be extended on acceptance by ABC AUTOCARS of the extended Rental Period proposed by the Client.
ABC AUTOCARS has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law. ABC AUTOCARS reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that ABC AUTOCARS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing ABC AUTOCARS, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your ABC AUTOCARS Account and access to the Services, remove content, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion. You agree that ABC AUTOCARS may contact you by electronic means (e.g., electronic mail; notifications via ABC AUTOCARS messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your ABC AUTOCARS Account or ABC AUTOCARS Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where ABC AUTOCARS is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize ABC AUTOCARS and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with ABC AUTOCARS or its agents for quality control, training, or other purposes. You understand and agree that your communications with ABC AUTOCARS may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through email. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
ABC AUTOCARS is not an insurance company and does not insure clients. Client protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, client must comply with these Terms. Protection plans are available through the Services only in the United States.

Rental rates, fees, taxes, charges, payments

The Client agrees to pay ABC AUTOCARS the rental rates plus all other charges and fees opted for or utilized by the Client until the vehicle is returned to ABC AUTOCARS, including, but not limited to miscellaneous charges, tolls in Florida, airport surcharges, tourism levy, Claims Administration Fee, Contract Fee, Traffic Fine Administration Fee, one way fee, over border charges, delivery fee, collection fee, Collision Damage Waiver Fee (CDW/OW), Theft Loss Waiver Fee (TLW/LW), Personal Accident Insurance (PAI), fuel, additional driver(s) fee. Rental rates charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by ABC AUTOCARS) at the rates and on the basis set out in writing, and/or in the Official Rates Brochure, including all taxes levied on any amount payable by the Client.
ABC AUTOCARS may enable the collection and remittance of certain taxes from or on behalf of clients, based on existing and future tax regulations, including marketplace facilitator. The amount of taxes, if any, collected and remitted by ABC AUTOCARS will be visible to, and separately stated, to clients on their respective booking related documents and invoices.
The fees we charge for using the Services and other cost structures will be itemized at checkout for clients. You can verify the amount for your booking at checkout before you submit your booking request.
When you provide ABC AUTOCARS a payment method, you authorize ABC AUTOCARS, or third-party service providers acting on behalf of ABC AUTOCARS, to store your payment credential for future use in the event you owe ABC AUTOCARS any money. You authorize ABC AUTOCARS to use stored payment credentials for balances, including for booking costs and clientt fees (e.g., late fees, security deposits, damage deposits, processing fees and claims costs, and related administrative fees)
In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
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 under of this terms 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 rental agreement or provided through email, the Renter’s signature in rental 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 in rental agreement, 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.

Client’s risks and libilities

If the client does not provide full coverage insurance he/she is responsible in event of a vehicle damage. The Client shall assume the sole risk of the vehicle from the time that the key and/or the vehicle is handed to the client until such time as the vehicle and key is returned to ABC AUTOCARS. The Client is liable for all fines and/or penalties incurred during the Rental Period and hereby authorize ABC AUTOCARS to disclose any information required by a relevant authority to process any such fines and/or penalties which are incurred during the Rental Period. Should the vehicle be involved in an incident, damaged, stolen and/or lost in a situation where there was a breach of any of the terms and conditions as contained herein, Regardless of insurance coverage, client shall fully indemnify the ABC AUTOCARS for any loss, damage, and legal actions, including reasonable attorneys fees that ABC AUTOCARS suffers due to client’s use of Vehicle during the rentla period, including but not limited to, damage to the Vehicle, damage to the property of others, injury to client, and injury to others. This provision survives the termination of Rental Agreement. The All Amount Payable or Excess will be for the client’s own account. Notwithstanding anything to the contrary contained herein ABC AUTOCARS shall be entitled in its sole and absolute discretion pick-up vehicle at any time by notice (verbal or in writing) to the Renter for maintenance purpose and technical condition check, whereupon the client shall immediately return the vehicle to ABC AUTOCARS. If client Changed his Temporary Address, client must to disclose information about new valid Temporary Address by notice through email (in written) ABC AUTOCARS within one day

No agency

Neither client nor any other driver of the vehicle shall be or is deemed to be agent, servant, or employee of ABC AUTOCARS for any purpose during the term of Rental Agreement. Client shall completely assume full responsibility for the vehicle to the public and any regulatory body having jurisdiction.

Termination, extension of rental

Notwithstanding anything to the contrary contained herein, ABC AUTOCARS shall be entitled in its sole and absolute discretion to terminate rental agreement at any time by notice (verbal or in writing) to the Client, whereupon the Client shall immediately return the vehicle to ABC AUTOCARS.
In the event of such failure to return the vehicle to ABC AUTOCARS; ABC AUTOCARS shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof.
The obligations of the Client and the rights of ABC AUTOCARS shall continue in full force and effect until the vehicle has been returned to ABC AUTOCARS.
Any costs incurred by ABC AUTOCARS to retrieve the vehicle will be charged to the account of the client.
The Client shall give ABC AUTOCARS 24 hours’ notice, prior to the termination of the rental agreement, of his/her intention to extend the Rental Period. The Rental Period shall be extended on approval by ABC AUTOCARS of the extended Rental Period proposed by the client.

Procedure in the event of an accident ivolving the vehicle

After an incident, you may not continue to use the vehicle unless you have the explicit permission of ABC AUTOCARS staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
If at any time the vehicle is involved in an incident, damaged, Act of God, stolen and/or lost the client shall take every reasonable precaution to safeguard the interest of ABC AUTOCARS including but without being limited to, the following where appropriate, as failure to adhere to the latter will result in the client being liable for the Full and/or Total Loss:
The client shall notify ABC AUTOCARS immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to ABC AUTOCARS, ABC AUTOCARS’s standard claim form together with a copy of his/her Driver’s License;
The client shall obtain the name(s) and addresses of everyone involved and of witnesses;
The client shall not admit or claim responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
The client shall report all incidents and/or theft and/or damage regardless of the value or nature to the police within 24 hours after its occurrence and the client shall furnish to ABC AUTOCARS a reference, case or docket number;
The client shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times;
The client shall co-operate with ABC AUTOCARS and its insurer in any investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to any accident, theft or damage (including, inter alia, deposing to an affidavit or giving evidence in court if he is requested to do so).
If the client is not the Driver or Additional Driver, then, without in any way derogating from the client’s obligations in terms of this clause, the client shall procure that the Driver or Additional Driver complies with the provisions above and the client warrants that the Driver or Additional Driver shall do so.
The client shall within 24 hours of receipt thereof furnish to ABC AUTOCARS (and if the client is not the Driver or Additional Driver, the client shall also procure that the Driver or Additional Driver does) any notice of claim, demand, summons or the like which the client or the Driver may receive in connection with the vehicle.
The client warrants that the information completed in ABC AUTOCARS’s claim form as referred to above, will be complete, true and correct in every respect.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
– If you fail to return the vehicle you booked at the time and place agreed upon with the ABC AUTOCARS and/or designated in your reservation
– If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here;
– If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the ABC AUTOCARS. Any damage to, or loss or theft of, a vehicle occurring prior to the ABC AUTOCARS inspecting the vehicle upon return at the end of the reservation is the client’s responsibility;
– If you misrepresent facts to the ABC AUTOCARS pertaining to booking, use, or operation of vehicle;
– If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period;
– If you fail or refuse to communicate in good faith with the police, ABC AUTOCARS, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism;
– If the vehicle is 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 reservation period, who has obtained the keys without permission of the ABC AUTOCARS, or who misrepresents or withholds facts to/from the ABC AUTOCARS material to the booking, use, or operation of vehicle;

The client who books the reservation is responsible for any private investigation costs ABC AUTOCARS deems necessary to recover a vehicle that is not returned. In addition, a $1000 case administration fee will be imposed on the client if ABC AUTOCARS has to report a vehicle as stolen to law enforcement due to it not being returned.

ABC AUTOCARS, a hired agent of ABC AUTOCARS may repossess any vehicle booked through the Services without demand, at the client’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the ABC AUTOCARS, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the ABC AUTOCARS, law enforcement, and other authorities in all matters related to the investigation.

No responsibility

Neither ABC AUTOCARS nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the client of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of ABC AUTOCARS to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict, including negligence or gross negligence or otherwise which may be suffered by the client and/or any third party and/or passenger.
ABC AUTOCARS, its directors, officers, employees, servants or agents are accordingly indemnified by the client or his/her estate against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against them arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.

Loss of use/diminished value

Client agrees to reimburse ABC AUTOCARS for loss revenues for the inability of ABC AUTOCARS to rent the Vehicle due the default of the client or any damage caused by clients. Loss revenue shall be calculated as the daily rental rate of the vehicle times the number of days the vehicle is out of use, due the fault of the client. Diminished value of the vehicle due to the fault of the client shall be calculated and added to the final settlement value. If client’s Insurance provider denies coverage of vehicle for any reason, the client can be held liable for three times the amount of the vehicles market value.