This is an AGREEMENT between you, the CUSTOMER and Independent Car Rental, to rent a motor VEHICLE. The CUSTOMER is renting the vehicle from the COMPANY and you the CUSTOMER must sign this agreement. By signing this agreement, you, the CUSTOMER, are entering into a contract with Independent Car Rental for the use of the COMPANY’S VEHICLE. You are agreeing to pay on demand the rental charges referred to on the other side of this agreement. By entering into this contract you are subject to the following terms and conditions.
The VEHICLE may be used ONLY by an AUTHORIZED DRIVER. An AUTHORIZED DRIVER is:
a) You, the CUSTOMER, and/or;
b) A licensed driver who has been accepted by Independent Car Rental as an additional driver as referred to on the other side of this agreement.
Unlimited mileage within BC subject to terms and conditions
You the CUSTOMER, agree that the VEHICLE shall not be used for any of the following:
a) to carry persons or property for hire; b) to propel or tow any vehicle, trailer or other object; c) in any race, speed test or contest; d) by any person who is under the influence of alcohol, intoxicants, narcotics, or other substances to an extent prohibited by law; e) in the commission of any crime, or for any illegal trade or transport; f) in violation of any Federal, State/Provincial or Municipal law, ordinance, rule or regulation governing the use or return thereof (parking or minor violations excepted) nor remove it from the State/Province of rental without obtaining the prior written consent of Independent Car Rental or its representative; g) on any unpaved road or off road surface: h) by anyone for whom the COMPANY has been given a false name, age, address, or other information; i) in a dangerous or reckless manner.
Vehicle Condition and Return
The VEHICLE is delivered to you in good operating condition. You agree to return the VEHICLE in the same condition in which you received it to the COMPANY’S location at the place and on the date specified on the other side of this agreement, or sooner on demand by the COMPANY. You will pay to the COMPANY on demand all loss or damage to the VEHICLE regardless of the manner by which such damage was incurred, while rented under this agreement. Any total loss shall be calculated as the replacement cost of the rental vehicle plus any and all expenses. You will pay to the COMPANY on demand all towing charges, claims administration charges and damages for loss of use for the vehicle while being repaired and/or out of service, loss of use shall be deemed to be the number of days the rented Vehicle is out of service multiplied by the daily rental charge set out on the front of this agreement.
If any of the terms of this rental agreement are violated by the CUSTOMER or AUTHORIZED DRIVER, the Loss Damage Waiver will not apply and the CUSTOMER shall be liable for all damage to the VEHICLE. The LOSS DAMAGE WAIVER AGREEMENT IS NOT INSURANCE but is an agreement by the COMPANY to waive or reduce the terms of this agreement in which you agree to pay for all loss or damage to the VEHICLE.
The Company has obtained all mandatory automobile insurance with respect to the Vehicle. The limits of Third Party Liability provided under this policy of insurance are equal to or greater than the minimum amount(s) required by law. Evidence of the insurance is available for inspection at the COMPANY’S head office. By driving this VEHICLE, AUTHORIZED DRIVERS are agreeing to comply and be bound by all terms, conditions, limitations and restrictions of this insurance policy which are made a part of this agreement by reference.
PAYMENT: if the AUTHORIZED DRIVER fails to make payments required under this agreement to Rent a Car, all expenses of collection or repossession, including court costs and reasonable lawyer fees incurred by the COMPANY in pursuing the claim against the AUTHORIZED DRIVER will be paid by the AUTHORIZED DRIVER. If the AUTHORIZED DRIVER had directed the company to bill charges to some other person, firm or organization which fails to make payment promptly when due, the CUSTOMER will promptly pay the COMPANY upon demand. ALL CHARGES ARE SUBJECT TO FINAL AUDIT and resulting credits and additional charges will be made and paid by the method used in the initial transaction. 2% PER MONTH (24% PER YEAR)CHARGED ON OVERDUE ACCOUNTS.
Fines and Penalties
AUTHORIZED DRIVER will pay all fines, penalties, forfeitures and court costs imposed for parking or traffic violations with respect to VEHICLE while rented under this agreement. The CUSTOMER will promptly report such violations to the COMPANY and will hold the COMPANY harmless from all claims arising out of such violations. AUTHORIZED DRIVER releases and holds the COMPANY harmless (and its agents and employees) from all claims for loss or damaged to his or her personal property or that of any other person, which is left in or carried or upon the VEHICLE or in or upon any other VEHICLE or premises of the COMPANY by AUTHORIZED DRIVER, or by any other person, or which is received, handled or stored by the COMPANY, at anytime before, during or after this rental, whether or not due to the COMPANIES negligence of fault.
In addition to all requirements of an AUTHORIZED DRIVER under the insurance policy, an AUTHORIZED DRIVER will immediately report any accident to the COMPANY at the location where the vehicle was rented and will deliver to the COMPANY at that location every Writ, Summons, Complaint or paper of any kind received by an AUTHORIZED DRIVER in anyway relating to any accident involving the VEHICLE while rented under this agreement. An AUTHORIZED DRIVER also agrees to fully co-operate with the COMPANY in the investigation and defense of any claim or lawsuit. In no event shall and AUTHORIZED DRIVER of the VEHICLE be or be deemed to be the agent, servant, or employee, of the COMPANY in any matter or for any purpose whatsoever.
The COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. No right of the COMPANY under this agreement may be waved except in writing by an officer of the COMPANY.
CUSTOMER shall not permit any repairs to the VEHICLE or suffer any lien to be placed upon it without COMPANIES prior written consent. CUSTOMER shall be liable for any such repairs. RENTER authorizes COMPANY or its AGENTS to obtain credit and personal information from credit reporting agencies, credit bureaus upon execution of said agreement.
RENTER IS LIABLE FOR ANY DAMAGES SUSTAINED TO THE VEHICLE UNTIL IT IS INSPECTED AND ACCEPTED BY THE COMPANY.