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TERMS AND CONDITIONS

 

Renter agrees by Renter’s signature on the Rental Agreement Summary (the “Summary”) that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained the Summary and these Additional Terms and Conditions (collectively the “Agreement”) for the Rental Period whether or not subsequent Agreements are executed by Renter or if Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing Renter. Renter agrees that electronic signatures have the same force and effect as manual or wet signatures. Owner and Renter consent and agree to use of electronic  signatures. Renter expressly acknowledges that Renter and Owner are the only parties to the Agreement, notwithstanding that a reservation for Vehicle may have been arranged by a third party; that a third party may pay for all or part of the rental bill; and/or that a third party may negotiate certain terms of the rental, including but not limited to the type of Vehicle, length of rental, rental rate and/or selection of optional products. For matters arising from the Agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. The Agreement, is the entire Agreement between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.

 

1. Definitions: For the purposes of the Agreement, the following terms are specifically defined:

 

a. “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who, with the written consent of the Owner,  is permitted to operate Vehicle. This includes individuals identified on the Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter and Owner, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid licence;

 

b. “Optional Accessories” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter.

 

c. “Owner” for the purposes of the Agreement means “OWNER OF VEHICLE” shown near the bottom of the Summary;

 

d. “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner;

 

e. “Renter” means the person, or entity identified on the Summary as “RENTER”;

 

f. “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s).

 

2. Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. Renter agrees Renter received Vehicle in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.

 

3. Payment by Renter.

 

a. For items designated as either “/hour”, “/day”, “/week” or “/month” on the Summary:

 

(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.

 

(2) If “day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.

 

(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.

 

(4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.

 

(5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental.

 

(6) Unless expressly modified on the Summary, all charges are for a minimum of 1 day.

 

b. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Summary for:

 

(1) The hour, day, week and month charges on the Summary for the Rental Period. The “/hour” charge is shown on the Summary shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Location on the Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.

 

(2) The kilometre charge per kilometre for all kilometres exceeding any free kilometres set forth on the Summary permitted for the Rental Period.

 

(3) The Optional Accessories, services and/or products charges for those items accepted by Renter.



 

(4) The fuel charge at the rate shown on the Summary. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it or if Renter purchased prepaid fuel.

 

(5) The one way fee (for returning to a predetermined location other than the Branch Location on the Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.

 

(6) The other fees and charges (none of which are taxes) including, if applicable,  but not limited to:

 

(a) Any airport Consolidated Facility Charge, Customer Facility Charge or similarly designated charge (CFC), which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of the consolidated rental car facility, other airport facilities, and/or transportation related facilities,

 

(b) The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge (CONC REC), Premium Location Charge (PRE LOC CHG) or similarly designated charge, which is Owner’s charge to recover the concession fees paid by Owner to an airport’s owner or operator in connection with this rental; and

 

(c) The Facility Fee Recovery (FAC REC), Premium Location Charge (PLC) or similarly designated charge, which is Owner’s charge to recover the estimated charges and costs, which may include rent paid by Owner to the owner, operator or agent of the location being serviced by Owner for this rental or to the owner, operator or agent of the location of the Branch Address on the Summary.

 

(d) The Vehicle License Recovery (VLF REC) which is Owner’s charge to recover Owner’s estimated average daily cost per vehicle of the charges imposed by governmental authorities to title, register and plate all vehicles in its rental fleet registered in province of rental including air conditioning tax, tire tax and battery levy where applicable. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

 

c. Additional Obligations of Renter – Unless prohibited by law Renter shall pay Owner, its affiliates or agents:

 

(1) If Renter returns the vehicle to a location other than the designated return location, a vehicle recovery fee, unscheduled one way fee or drop charge which shall be no more than the greater of: a) $100.00; b) $0.33 per kilometer between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.

 

(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), if DW, as described in paragraph 17

 

(3) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 6), to the extent DW, as described in paragraph 17

 

(4) A fee to clean the Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors or other soilage.

 

(5) All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Without advance notice, Renter agrees to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party, and that such amounts, plus Processing Fees, may be collected from Renter by Owner, its affiliates or a third party. Renter agrees that such collection is not a transfer of liability where prohibited. Renter agrees that such payment may prejudice, waive, and relinquish (and Renter agrees to waive and relinquish) Renter’s ability and right to contest Fines, Tolls and Violations and/or any legal violation underlying same (Violative Action) with the applicable authority. Owner, its affiliates or a third party may assess a fee of up to $25 per each of the Fines, Tolls and Violations (Processing Fees) to apply towards all costs incurred in connection with the Fines, Tolls and Violations and their administration.

 

(6) A late charge of 1½% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

 

(7) All expenses incurred by Owner in the collection of amounts due Owner under the Agreement or in regaining possession of Vehicle or in enforcing any term or condition of the Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.

 

(8) RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER AND PROVIDE TO ANY THIRD PARTY, WITHOUT NOTICE TO RENTER, RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO PROCESS PAYMENT FOR, ENABLE THE COLLECTION OF, OR TRANSFER LIABILITY FOR ALL AMOUNTS RENTER IS OBLIGATED TO PAY UNDER THIS PARAGRAPH 3.C, INCLUDING, WITHOUT LIMITATION, TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD, AND ANY FINES, TOLLS, VIOLATIONS, PROCESSING FEES, OR ANY VIOLATIVE ACTION.

 

d. Agreements and acknowledgements regarding payment cards –

 

(1) IF A CREDIT CARD OR DEBIT CARD IS PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THE AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF OWNER INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES OWNER TO RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.

 

(2) The authorization or deposit amount on the Summary will be taken by Owner as an authorization or sale. Such funds will not be available for use by Renter until after Vehicle is returned. One or more incremental authorizations and/or deposits may be taken during the Rental Period if Renter incurs additional charges.

 

(3) Renter acknowledges final amounts charged to Renter’s card may exceed amounts shown on the Summary, if Renter incurs charges not included in such amounts.

 

e. Owner will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to Owner within 20 business days after Owner has confirmed the full extent of such obligations. Where applicable for payments made by cash, check or money order, any such excess will be refunded by check.

 

All amounts are subject to final audit by Owner.

 

4. Prohibited Use and Termination of Right to Use.

 

a. Renter agrees to the following limits on use:

 

(1) Vehicle shall not be driven by any person other than Renter or AAD(s) consented to by the Owner without Owner’s prior written consent.

 

(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training or testing.

 

(3) Vehicle shall not be used for any illegal purposes, in any illegal fraudulent, or reckless manner, in a race or speed contest, or to tow or push anything.

 

(4) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.

 

(5) Renter shall not remove any seats from Vehicle.

 

(6) Vehicle shall not be driven by any person impaired or under the influence by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.

 

(7) 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 jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.

 

(8) Vehicle shall not be driven on an unpaved road or off-road.

 

(9) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s licence; whose driver’s licence becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.

 

(10) Renter shall not transfer or assign the Agreement and/or sublease Vehicle.

 

(11) Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.

 

(12) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.

 

b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the Branch Location on the Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to the Rental Period are at Owner’s option.

 

c. In the event of any violation of the limits on use or any other provision of the Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.

 

d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3. Any use of the Vehicle in a manner prohibited in this paragraph shall, to the extent permitted by applicable law, void Personal Accident Insurance/Personal Effects Coverage (PAI/PEC).

 

5. Accidents. Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives including any request for statements, written or oral, including under oath, and/or items Owner or its representatives deems related to the adjustment of any claim, suit or proceeding. Vehicle may be equipped with an Event Data Recorder or similar device (EDR), infotainment system and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit or legal proceeding..

 

6. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. 

 

Except to the extent restricted, modified or limited by provincial law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of the Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 3 multiplied by the daily rate (including any Car Class Change) on the Summary; (ii) if Owner determines Vehicle is repairable and the repair invoice does not include labor hours: the daily rate on the Summary multiplied by .25; (iii) if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate on the Summary. Renter also agrees to pay: (a) an administrative fee of $75.00 when the repair estimate is less than $5,000.00 or $150 when the repair estimate is $5,000.00 or greater; (b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99. If Vehicle is returned during non-business hours or to any place other than Branch Location on the Summary, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL DW.

 

7. Motor Vehicle Liability Insurance. Except to the extent required by the motor vehicle financial responsibility laws of the applicable province or otherwise by law, Owner does not provide insurance coverage or motor vehicle financial responsibility to Renter, AAD(s), passengers or third parties through the Agreement. If liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable motor vehicle financial responsibility law, such insurance is primary and Owner extends none of its insurance or motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Agreement and if Owner is obligated to extend its insurance or motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s obligation is limited to the applicable provincial minimum financial responsibility amounts. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. To the extent required by law, Owner’s insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. Owner does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties. Owner’s financial responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.

 

8. Indemnification by Renter and Driver.

 

a. Renter and ADD(s) driver shall, jointly and severally,  defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Owner and/or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle by any person.

 

b. With respect to the protection provided by optional DW, if purchased, Owner or its affiliate(s) waives indemnification in accordance with paragraph 17. SEE PARAGRAPH 17 FOR MORE INFORMATION ON DW.

 

c. In the event legal liability is imposed upon Owner or its affiliate(s) , renter and/or driver due to an accident or occurrence, motor vehicle liability insurance available to the Renter and/or ADD(s) driver are primary coverage and must respond to the liability of the Owner or its affiliate(s) , renter, and driver.

 

d. In the event that legal liability is imposed on Owner or its affiliate(s) due to an accident or occurrence, Renter and AAD(s) shall, jointly and severally, indemnify and hold harmless Owner or its affiliate(s) for the amount of any such liability.

 

9. Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection. 

 

Except as required by law, or as provided by the insurance or motor vehicle financial responsibility described in paragraph 7, Owner or its affiliate do not provide personal injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through the Agreement. Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim.

 

10. Personal Property. 

 

Owner is not responsible for any damage to or theft of Renter’s personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental transaction. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises.

 

11. Use in Mexico outside Ontario . Vehicle shall not be taken into Mexico or outside Ontario without Owner’s written consent.

 

12. Third Party Proceeds. 

 

If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under the Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under the Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under the Agreement; or third party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.

 

13. Power of Attorney. 

 

Renter hereby grants and appoints to Owner a Limited Power of Attorney:

 

a. to present insurance claims of any type to Renter’s insurance carrier if:

 

(1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or

 

(2) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

 

b. to endorse Renter’s name to entitle Owner to receive insurance payments directly for any such claims, damages, liabilities or rental charges.

 

14. Severability. If any provision of the Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. Where both a French and English version of the Agreement have been provided, the English version shall govern on any questions of interpretation and in resolution of any ambiguity or conflict.

 

15. Limitation of Remedy/No Consequential Damages.

 

 If Owner breaches any of its obligations under the Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, CONTRIBUTORY AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s) AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or Information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

 

16. Optional Damage Waiver. 

 

Damage Waiver is not insurance and is not required in order to rent Vehicle. Renter may purchase optional Damage Waiver (DW) from Owner for an additional fee. If Renter purchases DW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence Owner’s contractual waiver shall be limited to the amount initialed on the Summary where applicable. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost or damaged keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico.

 

When deciding whether or not to purchase DW, Renter may wish to check with Renter’s insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Renter has coverage or protection for such damage or theft and the amount of Renter’s deductible or out-of-pocket risk.

 

THE FOLLOWING ACTIONS SHALL INVALIDATE DW:

 

a. if Vehicle is damaged when used or driven:

 

(1) by any person other than Renter or AAD(s) without Owner’s prior written consent;

 

(2) by any person if there is reasonable evidence the driver was impaired by the use of narcotics, intoxicants, or drugs, used with or without a prescription;

 

(3) by any person committing a felony or otherwise engaged in a criminal act;

 

(4) in a race or speed contest;

 

(5) to tow or push anything;

 

(6) under authority of any licence that is suspended, revoked, invalid or does not belong to the driver;

 

(7) to transport persons or property for hire;

 

(8) in a wanton or reckless manner or if Vehicle is deliberately damaged;

 

(9) on an unpaved road or off road;

 

(10) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

 

b. if Renter misrepresents facts to Owner pertaining to rental, use, or operation of Vehicle whether before or after any loss and/or damage; or

 

c. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

 

d. if Renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism.

 

e. if Vehicle is stolen and Renter fails to do any of the following:

 

(1) return the original ignition key(s) and Owner’s key tag identifying Vehicle;

 

(2) file a police report within 24 hours after discovering the theft;

 

(3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft;

 

(4) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.

 

17. Collection and Use of Vehicle Data. Our vehicles may be equipped with technology that collects and transmits data from your rental vehicle. This may include information collected from event data recorders, global positioning devices, OnStar® systems, or any other similar technology. When installed and where permissible, this technology will enable us to collect and use information such as: (1) location information; (2) collision information; and (3) vehicle operation information, such as operational condition, mileage, tire pressure and fuel status, and other diagnostic and performance information. Once collected, this information may be combined with information you have provided us and used to generate safety, performance, and other similar information so that we can deliver better services. Our use of information collected from the rental vehicle may include sharing information with third parties such as service providers, partners, and as explained in our privacy policy. Our use of the information may also include storage of this information after the expiration of your rental agreement. You understand that renting the vehicle does not prohibit Enterprise, as vehicle owner, from obtaining and using data collected from the vehicle. For a more complete description of our privacy practices, please review our privacy policy, available at www.enterprise.com.

 

18. Headings. The headings of the numbered paragraphs of the Agreement are for convenience only, are not part of the Agreement and do not in any way limit, modify or amplify the terms and conditions of the Agreement.

 

19. Text and Call. By signing on the front of the Summary, Renter agrees to the Text & Call Terms and Conditions, and thereby provides express consent for Owner or Owner’s representative to contact Renter at the phone number(s) provided in connection with the Agreement to deliver, or cause to be delivered, informational or transactional outreach, including customer surveys, via live, prerecorded, or autodialed calls or texts. Renter’s consent to receiving these calls or texts is not a condition of any purchase or rental agreement. For questions about privacy, please see paragraph 24, below.

 

20. Choice of Law. All terms and conditions of the Agreement shall be interpreted, construed and enforced pursuant to the laws of the Province of Ontario 

 

without giving effect to the conflict of laws and/or provisions of such Province.

 

21. Dispute Resolution Provision – 

 

Mandatory Arbitration Agreement: RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “RENTER” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF RENTER’S AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “OWNER” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of the Rental Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that claims against or by a third-party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.

 

(1) Procedure. A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party. The Notice to Owner should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604 (“Notice Address”). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by the Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or by Owner that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.

 

(2) Arbitrator’s Authority: The arbitrator is bound by the Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Agreement, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.

 

(3) Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.

 

(4) Governing Law and Enforcement: Notwithstanding anything in paragraph 22, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16. This Dispute Resolution Provision was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this Dispute Resolution Provision remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

 

22. Customer Privacy. 

 

The information you provide to Owner Is stored and used in accordance with Owner’s privacy policy, which is available at https://www.paradigmfleet.ca/privacy-policy/, which may be amended from time to time and which is incorporated herein by reference. Questions should be directed to: at (866) 542-2756; or Paradigm Truck Rental, Inc., 371 Barton Street, Stoney Creek, ON, L8E 2L2. The Renter agrees to the Owner’s use and disclosure of such information as set out below and as further detailed in the Privacy Policy. Among other uses, personal information may be used to assist you with reserving, renting, purchasing and leasing motor vehicles and provide you information on our car sales, ride-sharing and fleet services; provide you by mail & email with discounts, coupons, offers and information that may be of interest to you; obtain your feedback on your satisfaction with Renter’s services by contacting you by e-mail on a cell phone or other phone number provided on the Rental Agreement or otherwise provided to owners; compile statistics and analysis about customers’ use of our sites, products and services; and help operate, maintain and improve our systems and sites. For additional details, please see the privacy policy available at the renting location. Renters may always opt out of receiving communications, including commercial electronic messages for marketing purposes or from receiving telemarketing or customer satisfaction calls. In the event Renter wishes to comment on or review any of Renter’s personal information which Owner has retained, or in the event Renter wishes to object to any of the foregoing, including opting out of being contacted by mail, email or telephone, Renter should contact Owner at (866) 542-2756 or follow unsubscribe links on electronic communications.

 

25. Customers with Disabilities. Customer service inquiries or complaints related to customers with disabilities, please call (905) 512-5670

371 Barton Street, Stoney Creek, Ontario, Canada, L8E 2L2

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