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.
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.
“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;
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.
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.
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).
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.
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 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;
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.
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.
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
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.
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.
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.
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.
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.
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.