THE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY. “You” “the renter” signature on the Rental Agreement (“Agreement”), or by clicking the “I Accept” Online Check-in or reservation that the Renter has read, is aware of, and accepts full responsibility for and is bound by the terms and conditions contained in this Agreement, which also consists on the rental agreement.
“YOU” AND “YOUR” REFER TO THE PERSON WHO SIGNS THIS AGREEMENT, “WE”, “OUR” AND “US” REFER TO Automax Rent A Car.
- Reservation Details hereof for the Rental Period whether or not subsequent Agreements are executed by you or if Automax Rent-A-Car assigns a new Agreement number during the Rental Period for the purpose of invoicing Renter. The terms and conditions expressly acknowledges that Renter and Automax Rent-A-Car are the only parties to this Agreement, notwithstanding that a reservation for Vehicle may have been arranged by a third party; including but not limited to the type of Vehicle, length of rental, rental rate and/or selection of optional products. For matters arising from this Agreement, Renter authorizes Automax Rent-A-Car to verify and / or obtain, through credit agencies or other sources, Renter’s personal, credit and / or insurance information. This Agreement is the entire agreement between Renter and Automax Rent-A-Car and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Automax Rent-A-Car.
- The Rental Agreement. These Rental Terms and Conditions, the rental agreement you receive when you are given access to the vehicle you are renting (the “Rental Contract”) any additional documents or agreements (or links to on-line documents or agreements) sent to you electronically in connection with your rental), the Privacy Notice, and the return receipt or record (the “Rental Receipt”) with computed rental charges together constitute the “Rental Agreement” between yourself and Automax Rent-A-Car.
- Your Rental. When you rent from Automax Rent-A-Car the vehicle described on the Rental Contract, which rental is solely a transfer of possession and not of ownership. You agree to the terms in the Rental Agreement provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Automax Rent-A-Car. You also agree that you are not our agent for any purpose; and that you cannot assign delegate or transfer your obligations under the Rental Agreement and any discrete part thereof.
- Any changes in the Rental Agreement is our right to have the amendment to the agreement in writing and signed by an “authorized” Automax Rent-A-Car representative. You further agree that we have the unilateral right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Automax Rent-A-Car web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Automax Rent-A-Car web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to these Terms and Conditions will be posted as they occur on the Automax Rent-A-Car web site at www.AutomaxRentACar.CA and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental car are different.
- Meaning of Vehicle/Car. The word “vehicle/car” in the Rental Agreement means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by Automax Rent-A-Car with the vehicle and separately rented to you by Automax Rent-A-Car unless otherwise explicitly specified in the Rental Agreement.
- Who May Drive The Vehicle? You represent to Automax Rent-A-Car that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver’s license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver’s license credential that we believe to be reliable. We reserve the right to check the validity of your driving credentials and license is in good standing periodically without notice to you except as required by law. Any Permitted Driver must be at least 25 years old and must always be a capable and have validly of being a licensed driver and qualified renter during which such person is operating the car. All additional drivers’ “persons “must sign an additional driver form at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract at time of rental or on final rental agreement statement. You acknowledge that you will always remain financially responsible under the Rental Agreement even if the car is operated by a Permitted Driver or someone other than yourself.
- Return of the Vehicle. You agree to return the vehicle to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee. You may not return the vehicle outside of the return location’s operating hours unless specifically allowed by that location. If you do, your responsibility for damage to or loss of the vehicle will continue and all charges stated on the Rental Contract as a periodic rate will continue to accrue until the return location reopens and we process the return of the vehicle. Operating hours are listed on our website www. AutomaxRentACar.CA. If we do not find the vehicle when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the vehicle is physically returned or recovered. If you wish to extend any rental you must contact Automax Rent-A-Car or use a method, we approve to request the extension before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If you do not return the vehicle to the location specified in the Rental Agreement, as and when required under the Rental Agreement, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
- Where you’ll return the vehicle. The vehicle must be returned to the agreed return location as specified on the Rental Contract. If return is indicated to a location other than the location where your rental commences, you may have to pay a service fee. If you return the vehicle to a different location from the agreed return location without our permission, you agree to pay an unauthorized return location fee specified by us.
- Roadside Assistance. Roadside assistance is available to all renters by each manufacture. You may incur added costs for using roadside services not covered under the manufacture roadside plan. There are no refunds for the use of Roadside service that the manufacture does not cover.
- Traffic infractions and parking tickets. All speeding ticket and traffic violations, photo-radar and red-light camera tickets are to be paid by you and will be charged to the credit card. The charges that will be applied to the credit card will be the infraction cost and administration fees of $8.00 to process the infraction. If you receive a parking ticket for you can pay it right away. Just follow the instructions on the ticket. Depending on the parking ticket you may be able to pay the fine online. If a parking ticket has been paid, you will need to provided conformation that the ticket was paid in full and there are no outstanding balances owed.
- Rental Agreement Details – (1-15). You will pay for the number of kilometers you drive and the period you rent the vehicle at the rate indicated on the Rental Contract, or your applicable rate structure suited to your rental requirements. Unless otherwise indicated on the Rental Contract, the minimum charge is one day (24 hours), unless “calendar day” is indicated on the Rental Contract, plus kilometrage, or a fixed fee. We will determine the kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the Rental Contract our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted fees but not limited to only such fees as Car class change, Young renter fee’s, additional driver fee, vehicle license recovery fees, taxes and other fees and surcharges.
1) You will also pay a reasonable fee for cleaning of the vehicles interior/exterior upon return if excessive stains, dirt/mud, odor, or soiling attributable to your use and cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion.
2) If the key(s) or key fob(s) are not returned with the car, you may be charged additional fees and service charges pertaining to the replacement of key(s) or fob(s).
3) You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so on behalf of the third party.
4) To the extent you utilize any rate/benefit discount code in association with a rental, you represent you meet the requisite criteria for utilizing such discount code. Any other use will be viewed as an unlawful use and theft of services for which Automax Rent A Car can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs, and may void any associated discounts or rental benefits.
5.) Automax Rent-A-Car makes every effort to ensure that all prices and descriptions quoted on its website or elsewhere are correct and accurate. However, in the case of a manifest error or omission, Automax Rent-A-Car reserves the right to rescind the Rental Agreement, even if we have already accepted your reservation and/or received your payment. Our liability in that event will be limited to the return of any money that you have paid with respect to the reservation. In the case of a manifest error in which we permit you to keep your reservation, we reserve the right to require that you pay the difference between the quoted price and the correct price, as confirmed in writing by Automax Rent-A-Car after the manifest error has been discovered. A “manifest error”, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by Automax Rent-A-Car.
6) Taxes, Surcharges & Fees. You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.
7.) Credit Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Contract, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges to the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, or the deposit amount indicated on signs at the location at which you rent the car at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the car and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
8.) Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: the car is found illegally parked, being used to violate the law or the terms of the Rental Agreement, or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car’s operation. If the car is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the credit or debit card or account you used to rent the car.
9.) Collision Damage Waiver (CDW). Collision Damage Waiver (CDW) is not insurance and is not mandatory. If you accept the CDW by your initials on the Rental Contract at the additional daily rate, for each full or partial day that the car is rented to you, and the car is operated in accordance with this agreement. If you decline the optional CDW “you” “the Renter” assume responsibility for the loss of or damage to the vehicle. Also, for lost, damaged or stolen keys or remote entry devices, towing or tire services unless related to an accident, or recovery of the car if stolen. You accept your amount of “responsibility”, if any, specified on the Rental Contract. “YOU” “THE RENTER” ACKNOWLEDGE READING THE NOTICE ON LOSS OR DAMAGE SHOWN ON THE RENTAL CONTRACT, OR IN THESE TERMS, OR IN A SEPARATE NOTICE FORM, INCLUDING WITHOUT LIMITATION.
10.) Damage Loss of the Car. If you do not accept a Collision Damage Waiver, or if the car is lost or damaged as a direct or indirect result of violation of terms and conditions, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost or deductible is applicable, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will you will pay the greater of the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sales proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered, you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on CDW that are different than the terms of the Rental Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental.
11.) Connected Car & Location Data. Equipment. Certain cars contain devices that monitor the car’s condition, performance and operation, track fuel consumption, distance traveled, location and other information (the “Connected Car Data”), and may transmit such Connected Car Data to us, our third party providers and/or the car manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the car are turned off.
We cannot guarantee that a car without these features will be available at your time of rental. These devices may have been installed by us, on our behalf, or by the car manufacturer. If the devices are installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personally identifiable information (“PII”), unless authorized by you, or is necessary in connection with the provision of services provided through such car manufacturer or is required by law. We may enter into agreements with car manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third-party processor with your PII, unless authorized by you, necessary in connection with the provision of services provided through such third party or required by law.
Uses. If equipped and where permitted by law, we use these devices and the Connected Car Data for some or all of these purposes: (i) to provide certain aspects of our services to you e.g. remote lock/unlock, remote disable engine/cancel ignition, and automatically transmit vehicle data such as location, odometer, fuel level and other data during the rental; (ii) to manage your car rental e.g. start your rental, exchange or upgrade your car; (iii) to enable us to better understand how our cars are being used; (iv) to optimize our operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of cars which are overdue, lost or reported stolen, or suspected of being lost or stolen; (viii) to develop new products and services and enhance our existing products and services; (ix) to respond to requests from law enforcement and/or regulatory authorities; (x) as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services, (xi) to protect the rights and/or property of Automax Rent-A-Car or third parties; (xii) when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or in other circumstances in which we reasonably believe our cars are being or have been used in violation of law or otherwise in the commission of a crime; and (xiii) to comply with law. Connected Car Data is collected, used, retained & disclosed for purposes stated in the Privacy section below.
Privacy. We collect, use your PII with Automax Rent-A-Car Systems, and other third parties to: (a) carry out relevant identity, fraud, security, driving license and credit checks; (b) maintain, develop and improve the administration and management of our services; (c) protect our interests and enforce our rights, including pursuing available remedies or limiting damage that we may sustain; (d) protect the rights, privacy, safety and/or property of you and others; (e) comply with or as permitted by law; and (g) provide you with information about goods and services we think may interest you, unless you opt out. You may limit the use and sharing of your PII for marketing purposes. This information may be used by us during and after the rental period (if applicable law allows). To provide you services or in the course of our business operations. By requesting and using our services, you expressly agree to our collection, use and sharing of your PII for as long as the law allows. Download of Your Address Book and Other Information from Your Mobile Device. Some of our vehicles allow you to connect your personal phone or device via Bluetooth to the vehicle’s electronic system. If you choose to do so, the vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. Automax Rent-A-Car is not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the vehicle.
12.) Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Rental Agreement. You may only transfer your rights or obligations under these Rental Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Rental Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
13.) Prohibited Use of the Car. Certain uses of the car and other actions you or a driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, SUCH AS COLLISION DAMAGE WAIVER (CDW). IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
- You agree to the following limits on use and Termination of Right to Use 1.) You use or permit the car by anyone other than an authorized driver, as defined in paragraph Who May Drive The Vehicle) to carry passengers or property for hire, as a school bus; for driver training or more passengers than the car has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Substance Act, (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; 7) driving recklessly ,overloading the Vehicle. The vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of vehicle plus weight of load, as indicated on the driver side door jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and / or guidelines; or 8) if the car is driven into the USA or Mexico without our expressed permission. B. You or an additional driver, whether authorized or not: 1) fail to promptly report to Automax Rent-A-Car any damage to or loss of the car when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; or 5) intentionally or with willful disregard cause or allow damage to the car. C. You or an additional driver, whether authorized or not return the car after hours and the car is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the car, its keys, key fobs, or other remote entry and starting devices. D. Driving or operating this car while using a hand-held wireless communication device or other device that can receive or transmitting telephonic communications, electronic data, mail or text messages, Bluetooth streaming E. Renter shall not remove any seats from Vehicle shall be deemed a breach of the Rental Agreement.
14.) Optional accessories means but is not limited to optional Child Seats, Global Positioning Systems, and/or other products. Chargers for optional accessories will apply when accepted by you.
15.) Fuel Service Charge-(1-3). Most rentals come with a full tank of fuel. If you drive less than 50 kilometers, you acknowledge that we will add a flat fee to the rental. You may avoid this charge at time of return by providing a receipt for fuel purchased within 10 kilometers of an Automax Rent-A-Car location.
1) If you do not accept the fuel service option at the beginning of your rental, and you return the car with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge at the applicable rate per-mile or rate per-gallon specified on the Rental Contract or disclosed at the location. The per-mile rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the car’s odometer (or provided by the vehicle’s telematics device), times the per-mile rate shown on the Rental Contract. The per litre rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the car as when you received the car (by using the factory installed gauge, rounded down to the nearest 1/8 tank), times the per-lire rate shown on the Rental Contract.
Although two methods are used for ease of calculation, the per mile and per-gallon rates produce approximately the same result. Some of our cars are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your car has such a device, you will be charged for the actual amount of gasoline needed to fill the tank based on the reading of this device.
2) If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and upon return you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. If you accept the partial fuel service option at the beginning of your rental, you will be charged as shown on the Rental Contract for that purchase and you will pay a fuel service charge for any fuel not covered by the partial fuel service option. The per-litre cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel.
3) You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase. If you put fuel into the car, you must use the correct fuel (having the grade of gasoline stated on the car fuel information decal, or on-road diesel). Do not use ethanol fuel even if the car states that it is a flex-fuel vehicle.