RENTAL CAR AGREEMENT TERMS AND CONDITIONS
Definition. Agreement means all terms and conditions found in this agreement. «You» or «your» means the person identified as the renter on the reverse, any person signing this agreement, any authorize driver and any person or organization to whom changed are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this agreement. “We”, “our” or “us” Us means Horspower. Authorized driver means you and any additional driver listed by us on this agreement, provided that person has a valid driver’s license and it at least age 21. “Vehicle” means the automobile identified in this agreement and sustitute there for, and all its tires, toll, accessories, equipment, key and vehicle document. “CDW” means collision damage waiver. “Physical Damage: means damage to or loss of the vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of the vehicle due to theft, vandalism act of nature riot or civil disturbance, hail, flood or fire. Physical Damage excludes interior burn holes, window start or crack not caused by collision or upset. “Loss of use” means the amount calculated by multiplying the number of days from the date the vehicle is damaged until it is repaired, times the daily rental rate.
Rental, Indemnity and Warrantied. This is a contract for the rental of the Vehicle. We may repossess the vehicle at your own expense without notice to you, if the vehicle is abandoned or used in violation of the law or this agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, cost and attorney fees we incur resulting or arising out of, this rental and your use of the vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose.
Condition and return of Vehicle. You must return the vehicle to our rental office or other location we specify, on the date and time specified in this agreement, and in the same condition that you received it. If the vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the vehicle until we inspect it upon our next opening for business. Service to the vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluids levels.
Responsibility for Damage or Loss: Reporting to police: You are responsible for all damage to, or loss of, the vehicle, loss of use of the Vehicle while it is being repaired, diminished value of the vehicle caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us and the police (911) as soon as you discover them. Police report must be filled at the scene of the accident for any claims, if you do not provide this documentation insurance will not cover for the damages of the vehicle. We also recommend taking pictures, videos or any documentation that you are able to get.
Damage waiver: If you purchase CDW, and pay for it on termination of this agreement, we waive our right to collect from you a portion of physical damage to the vehicle. CDW is not insurance. CDW does not apply if the vehicle is used: by anyone who is not an authorized driver or by anyone whose driving license is suspended. By anyone under the influence of prescription or non-prescription drugs or alcohol; by anyone who obtained the vehicle or extended the rental period by giving us false or fraudulent information; in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law; outside the state of FLORIDA; By reckless driving act or failing to summon the police to any accident involving personal injury or property damage.
“Insurance agrees to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a. Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured / underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the customer is providing automobile insurance, we are not. In states where the law requires us to provide insurance, we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only and is secondary to any other valid and collectable insurance whether it is primary, secondary, excess, or contingent. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Customer must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, customer rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void insurance coverage.”
Charges: You will pay us, or the appropriate government authorities, on demand all charges due us under this agreement, including:
(a) Time and mileage for the period during that you keep the vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected.
(b) Charges for additional driver, if is not in the agreement.
(c) Optional products and services that you purchased
(d) Fuel, if you return the vehicle with less than when rented.
(e) Sunpass and all toll violations including administrative fees if this service is not prepaid.
(f) The customer must deliver the car in the same conditions it was delivered in the format that you signed and received in your email, with the pictures of the vehicle that you rent.
(g) Our office hours are Mon-Saturday 8am to 9pm. On Sundays 8am to 8pm. If the customer pick up the car out of our business hour. An Administrative fee will be charge.
Deposit: We may use your deposit to pay any amount owned to us under this agreement.
Breach of agreement: The acts listed under
Damage waiver, are prohibited used of the vehicle and breaches of this agreement. If you breach this agreement, you are liable for all damage to, or loss of the vehicle caused by your breach. You waive all recourse against us for any criminal report or prosecutions that we take against you.
Modifications: No term of this agreement can be waived or modified except by writing that we have signed. If you wish to extend the rental period you must return the vehicle to our office for inspection and written amendment by us of the due-in date. Failure to return the vehicle on the established location and agreed time will be cause of penalty up to $150 plus the time we take to collect the vehicle.
Miscellaneous: No waiver by us of any breach of this agreement constitutes a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this agreement does not constitute a waiver of any provision of this agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of the vehicle. If any provision of the agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Smoking is forbidden in the vehicle: A charge of $350 will be assessed to clean smoke odor and debris from vehicle.
Cleaning Fee: If vehicle is returned excessively dirty inside or outside, a fee up to $350 will be assessed to clean the vehicle.
Additional: If you purchase any additional (GPS/ Hotspot/ Sim Card/ Baby Car seat) you must return it back at the drop off time or a $250 fee will be charge from the Security Deposit
Vehicle must remain in the state of Florida: If the vehicle is taken out of the state of Florida you will be charged a fee of $1000 plus $0.75 per mile NO EXCEPTIONS. If the vehicle is out of state, you just have 80 miles per day. You have to pay 0.75 per additional mileage
Florida Residents: Have limited mileage 50 per day and 1000 mileage per month, a $0.75 per additional mileage will apply. A $2500 Security Deposit will be charge
Extra Charges: Customer authorizes to process a separate credit card voucher for gas, sunpass, early or late return fee, a vehicle damage or any other pending amount or extra hours in case of needed. No signature required and customer accepts this payment.
Grace period for Car Rental Returns: Generally, there’s 60 minutes as a free grace period for daily rentals if the customer notifies in advance, if the client does not notify it will be a $15 fee. If you return up to 90 minutes late after the scheduled time of your return, you will be charged a $30 fee. If you exceed the 90-minutes limit, you will be charge for the full day of the vehicle.
Early Returns: Generally, if you are returning the vehicle more than one hour earlier without previous notification a $15 fee per hour will apply.
GRACE PERIOD: If you are experiencing delays or have knowledge that your flight will be arriving late. Please call us to schedule modifications. If we do not receive notification. Reservations will only be hold for 2 Hours.
After Hours: After hours drop off and pick up may be allowed. Consult the office to schedule. You will be charge for out of business hour.
CANCELLATION FEE: The customer agrees to pay a $25.00 Fee as a “No Show Charge” In case that the day of the reservation is absent. This charge will be pay with the credit card provided at the time of booking unless the reservation is cancelled at least 48 hours in advance
All sales are final. No refunds for early returns
Insurance does not cover glass, tires, interior damage, wheels, scratches, handles, or small damages.