By making an online reservation, the renter acknowledges that they have read and understood the following terms and conditions concerning the usage of the car and that they accept full responsibility regarding them.
In this agreement, “Vehicle” refers to the original or replacement automobile; “owner” refers to Cars of America, Inc.; “renter” refers to the person renting the vehicle; and “owner” and “renter” are referred to collectively as the “parties” and individually as a “party”. This contract contains the whole agreement between the renter and the owner, and it supersedes all prior written or oral agreements or understandings. No oral agreements, amendment, change, or addition to this agreement will be enforceable unless both parties sign it in writing.
1. Ownership
Renter acknowledges the vehicle is the property of Cars of America although the registered title may be in a third party or corporate name.
2. Term of Contract
Failure by the renter to return the vehicle or pay the dues within the specified time may be considered a violation of this contract.
3. Condition of Vehicle
Renter confirms that the vehicle was received in good physical and mechanical condition and accepts to return it to the owner on the return date specified on the contract in the same condition as it was received, this does not include normal wear and tear.
4. Operation of Vehicle
a. Renter agrees not to carry passengers more than the number of seat belts provided by the manufacturer, to remove the seats, nor to operate the vehicle in violation of any law, regulation, or ordinance.
b. Renter agrees not to remove the vehicle from or travel outside the state of Texas without the prior written consent of the owner.
5. Indemnification Provision
a. Renter agrees to defend, protect, and indemnify the owner against all claims, liabilities, or costs, related to the rented vehicle’s use, operation, or possession.
b. Renter agrees to defend, protect, and indemnify the owner against all loses, liabilities, damages, injuries, claims, demands, costs (including legal costs), related to this rental transaction.
c. Renter agrees to defend, protect, and indemnify the owner against all loses, liabilities, damages, injuries, claims, demands, costs (including legal costs) arising from the use, condition (including but not limited to latent and other defects whether discoverable by owner), or operation of the rental vehicle by any party, including claims of, or liability to, any third parties.
d. Renter agrees to submit a claim for all such expenses to the renter’s insurance carrier. Renter agrees to pay the owner for such expenses or losses if the renter does not have insurance to cover them.
6. Damage to Rental Vehicle
a. Renter is responsible for and agrees to pay the owner the fair market value of replacing and/or repairing damage to the vehicle, including but not limited to: claim administration fees, diminishment in value, loss of use, storage, towing impound fees, and costs incurred by the owner to recover the vehicle and establish damages, regardless of fault or negligence on the part of the renter or any other person, and regardless of whether damages are caused by a natural disaster.
b. Renter’s insurance coverage on the vehicle is primary, and the renter agrees to file a claim with the insurance agent/carrier for all losses and costs incurred, including the deductible and any extra amounts, that are the renter’s responsibility.
7. Bodily Injury Responsibility
a. Renter or other operator or user of the vehicle receives no bodily injury liability insurance or coverage from the owner for any resultant bodily injury to the renter, operator, user, passenger, or any third party.
b. During the term of this agreement, the renter represents and warrants that he has and will maintain bodily injury liability insurance for the renter, other operators, users, passengers, and third parties in force, equal to the financial responsibility limits required by the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated or used. The renter is fully responsible for any damage to, or destruction of the property while being transported by or in the rented vehicle.
8. Property Damage Responsibility
a. Renter or other operator or user of the vehicle receives no property damage liability insurance or coverage from the owner for any resultant property damage to the renter, operator, user, passenger, or any third party.
b. During the term of this agreement, the renter represents and warrants that he has and will maintain property destruction liability insurance for the renter, other operators, users, passengers, and third parties in force, equal to the financial responsibility limits required by the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated or used. The renter is fully responsible for any damage to, or destruction of the property while being transported by or in the rented vehicle.
9. Reporting Accidents
a. Accidents must be immediately reported to Cars of America office and an incident report form must be submitted in any event within 24 hours after the accident.
b. Every process, pleading, or paper relating to any claims, litigations, or procedures must be delivered immediately to the Cars of America office.
c. Renter and driver should not assist any claimant and must thoroughly cooperate with the owner in all matters relating to any claim or litigation.
10. Nullification
a. Any renter protection mentioned in this agreement is nullified if the vehicle is moved in any way outside of the state of Texas.
b. Renter and the authorized driver must obtain the owner’s prior written permission to travel outside the state of Texas. If entering Mexico, the renter must purchase a special insurance.
11. Termination of Renter’s Right
a. Renter agrees to halt using the vehicle, contact the owner, and pay all costs associated with returning the vehicle to the original rental location.
b. Renter agrees that any continued use or operation of the vehicle after a violation is an operation without the permission, consent, or knowledge of the owner and that the owner has the right to report to police that the vehicle has been stolen, and the renter agrees to release and dismiss the owner from all liability claims that may arise as a result.
c. Owner has the right to repossess the said vehicle at any time or location without legal process or notice to the renter, and the renter waives any claims for damages related to such repossession.
12. Credit Verification
Renter permits the owner to check the personal and credit information provided by the renter with the proper credit bureaus or other sources if necessary.
13. Power of Attorney
If the rented vehicle is damaged during the length of this rental agreement, the renter hereby authorizes and appoints the owner with a limited power of attorney to present insurance claims for property damage to the renter’s insurance carrier and to endorse renter’s name on the insurance payments for charges or damages.
14. Allianz Insurance
Rental Car Damage and Theft Coverage: $50,000
Primary collision/loss damage coverage protects your rental car in case it’s stolen or damaged in a covered accident or while it’s left unattended.
Trip Interruption Coverage – Rental Car: $1,000
Reimburses you for the unused, non-refundable portion of your trip and for the increased transportation costs it takes for you to return home due to a covered reason.
Baggage Loss Coverage – Rental Car: $1,000
Covers loss, damage or theft of baggage and personal effects. Maximum benefit for all high value items, per policy: $500
15. Severability
This agreement is designed to be severable in every aspect. The remaining parts of this rental agreement will remain in full force and effect if any provision is deemed to be invalid, void, unlawful, unenforceable, or contrary to public policy.