2. AGREEMENT: These terms and conditions, the Rental Document signed by you, any other supplemental Budget forms or brochures attached to, or included with, the Rental Document, and a return record with computed rental charges together constitute the rental agreement between you and us. It is the entire agreement between us concerning this rental. Any change in this agreement or our rights must be in writing and signed by an authorized Budget Truck Rental, LLC officer. You also agree that you are not our agent for any purpose. Your copy of this agreement should be carried in the truck at all times during the rental. By signing the Rental Document you agree to all the terms and conditions of this agreement. If any provision of this agreement is ruled by a court of competent jurisdiction to violate any applicable law, then that provision will not be enforced to the extent of such ruling but the remainder of this agreement will remain in effect.
7. RETURN OF THE TRUCK: You will return the Truck to us, in the same condition as when you rented it, on the due date and at the time specified on the Rental Document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You will return the Truck to the location at which you rented it unless a different return location is designated on the Rental Document. IF YOU DO NOT RETURN THE TRUCK TO THE PROPER RETURN LOCATION, YOU WILL PAY A CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHANGE. If no due date and time are specified on the Rental Document, you will return the Truck upon the earlier of our demand or three (3) days of the date the Truck was rented. IF THE TRUCK IS NOT RETURNED BY THE DUE DATE AND TIME SPECIFIED ON THE RENTAL DOCUMENT, YOU WILL PAY A LATE CHARGE AND UNDERSTAND THAT THE RENTAL RATE MAY CHANGE. A SERVICE CHARGE OF $25.00 OR MORE MAY APPLY IF THE TRUCK IS NOT RETURNED CLEAN OR IF ANY ACCESSORIES ARE NOT RETURNED IN THE SAME CONDITION THEY WERE IN WHEN PROVIDED TO YOU. IF YOU RETURN A TRUCK WHEN A LOCATION IS CLOSED YOU MUST UTILIZE THE DROP BOX FOR THE RETURN OF THE KEYS AND DEPOSIT OF THE RENTAL AGREEMENT. YOU REMAIN RESPONSIBLE FOR THE TRUCK AND ALL CHARGES, LOSSES AND DAMAGES TO THE TRUCK THAT OCCUR PRIOR TO THE LOCATION OPENING AND THE LOCATION FINDING THE TRUCK ON THE PREMISES. IF THE KEYS ARE NOT FOUND IN THE DROP BOX AND THE TRUCK IS NOT FOUND ON THE PREMISES YOU WILL BE IN BREACH OF THIS AGREEMENT.
A. You agree to pay all charges, including rental charges, cost recovery fees, airport facility fees and/or concession recovery fees, energy recovery fees, surcharges, other fees, applicable taxes and all other monies due to us under this agreement, by means of payment acceptable to us. Except for charges later determined by us to be due, which you will pay on demand, you will pay all changes when you return the Truck. We may apply deposit left by you at the time of rental to the charges. If you present a credit card as means of payment at the time of rental, at the time we may reserve an amount with the card issuer based on our estimate of your charges. We may charge any amounts due us including, but not limited to, any amounts in excess of the minimum rental charges agreed to under this agreement, against that credit card, which also includes charges determined to be due after return of the Truck. Any payment by credit card is governed by the terms of your cardholder agreement with the card issuer. If we permit you to pay by check, you agree to pay us a fee for any check used for payment if charges that is dishonored and returned to us unpaid and any bank charges we incur in connection with that returned check. We are not obligated to present any check for payment more than once. You will pay the full rate for each or partial rental day or time slot as stated on the Rental Document. The rate on the Rental Documents is the minimum charge even if the Truck is returned earlier and starts at the hour and minute the rental begins. You agree that no refund will be due to you if fewer days and or miles are actually used by you. All charges are subject to final audit by us. If our audit reveals an undercharge or overcharge, you will pay us the difference that is due for any undercharge; and we will refund to you any overcharge.
11. MAINTENANCE AND INSPECTION: You agree to maintain adequate oil and coolant levels in the engine. As and when directed by us, you will have any necessary servicing or maintenance of the Truck performed during the rental. No one other than us will perform any service, repairs, replacement or substitution of parts, or maintenance to the Truck during the rental unless we approve such work in advance. You understand that we or anyone designated by us may inspect the Truck at any time wherever it is located without prior notice to you. You will stop using the Truck and contact us before proceeding, when a warning light is illuminated, or when any obvious mechanical issue is presented, such as, engine compartment, flat tires, brake issues, (grinding, squealing, low peddle pressure), malfunctioning lights, puddles of fluid under the vehicle when parked (other than a/c condensation), or low power.
You authorize us to release the rental and credit/debit card information regarding your rental to ATS Processing Services, LLC and affiliates (ATS) as our agent for the purpose of processing and billing you for tolls and toll violations incurred by you or assessed against us or the vehicle during your rental. You authorize ATS as our agent to bill the credit/debit card you used to rent the vehicle or you will be invoiced in the absence of a card on file. You authorize ATS to contact you directly regarding any tolls, toll violations, tickets, citations, fines and penalties incurred by you or assessed against us or to our vehicle while the vehicle was rented to you. In the event we use a third party collection and/or administrative agent, you agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. You agree to indemnify and hold us and ATS harmless for any tolls, tickets, citations, fines, penalties and administrative fees.
F. Subject to applicable law, the protection provided under Paragraphs 16A, 16B, 16C or 16D does NOT apply: (i) if the Truck is obtained, used, or operated in violation of paragraph 4; (ii) to loss or damage to property owned by you, in the Truck or for any reason in your care, custody, or control, and (iii) to any tow dolly, car carrier, or trailer not rented from us or not attached to the Truck.
A. If you are a commercial account customer you may elect to provide liability insurance instead of purchasing our liability coverage and damage waivers. If you do as indicated on the Rental Document, you agree to insure the Truck under a standard form automobile liability insurance policy, with Budget Truck Rental, LLC and Budget Rent A Car System, Inc. named as an additional insured, covering all risks of loss or damage to persons or property arising out of the ownership, maintenance, use, or operation of the Truck during the rental, regardless of fault. The limits of this insurance will not be less than a combined single limit of $750,000 for all bodily injury and property damage arising from anyone accident or such higher limits as we may require. You agree to provide us with a certificate of insurance, evidencing the required coverage and limits of liability before using the Truck. You agree that optional SLI will not be available to you after you have elected to provide your own liability insurance.
18. IDEMNIFICATION AND WAIVER: You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the truck by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the rental.
19. TOWING EQUIPMENT LIABILITY: YOU UNDERSTAND AND AGREE TO ASSUME ALL RISK IN THE OPERATION, USE, OR POSSESSION OF ANY TOWING EQUIPMENT AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS FROM ANY CLAIM FOR BODILY INJURY, INCLUDING DEATH, TO YOU, OTHERS OR DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF OTHERS RESULTING FROM OR ARISING IN CONNECTION WITH YOUR USE, POSSESSION, OR OPERATION OF ANY TOWING EQUIPEMENT, EXCEPT WHEN SUCH INJURY, DEATH, OR DAMAGE IS DUE SOLELY TO OUR FAULT. ANY VEHICLE YOU TOW OR TRANSPORT WITH THE TOWING EQUIPMENT MUST BE THE VEHICLE IDENTIFIED ON THE RENTAL DOCUMENT AT THE ORIGINATION LOCATION AND MUST NOT CONTAIN PASSENGERS OR CARGO. YOU ARE RESPONSIBLE FOR ALL LOSS OF AND DAMAGETO ANY TOWED OR TRANSPORTED VEHICLE. However, if you accept and pay the fee for Auto Tow Protection on the Rental Document, which protection is only available to you if you are renting the Truck for non-commercial purposes, we accept limited responsibility for physical damage to a towed car as set out in this agreement and the Auto Tow Protection as set forth in paragraph 20, up to the amount stated on the Rental Document and you assume all other risk and liability. TOW DOLLY INSTRUCTION AND CAR CARRIER LOADING AND UNLOADING INSTRUCTION VIDEOS ARE POSTED ON BUDGET TRUCK WEBSITE AT www.budgettruck.com/add-ons/tow/car-tow-dolly OR DOWNLOAD THE VEHICLE TOWING GUIDE also found on our website. 59ce067264