Rental Agreement
Last revised: January 29, 2024
Conditions
Rental Agreement is electronic document.
Rental Agreement can be exteneded up to a total of 28 days (4 weeks).
You can easily extend your active Rental Agreement via your account
If you need an extension over the length of 28 days, this will require a new Reservation and Car Rental Agreement.
ABC AUTOCARS creates a Rental Agreement for each reservation you book.
Along with the information on the Details page for your reservation, it outlines the terms and conditions you agreed to follow.
About the Rental Agreement
The Rental Agreement includes a summary of your rental, referred to as "Booking Summary"
The Rental Agreement and the Booking Summary are collectively referred to as the “Agreement” and relate to the Reservation detailed in the Booking Summary.
The Agreement is available for all booked reservations and covers details like the terms and conditions you’ve agreed to.
You can view the Agreement on your email or request it from us
The Person identified as “Primary driver” on the Book Summary or/and on ABC AUTOCARS records were connected online through a website abcautocars.com and/or mobile application, and/or associated services provided by ABC AUTOCARS Inc. (collectively, the “Services”).
As part of connecting through the "Services", the "Primary Driver" agreed to be bound by the ABC AUTOCARS policies, Terms of Service (https://abcautocars.com/policies/) and incorporated policies.
Note: If you modify your reservation, we’ll update the Agreement to include the information agreed by ABC AUTOCARS.
1. Definitions
1.1 “Primary Driver” means such person who is duly authorized by ABC AUTOCARS to drive the vehicle and identified on Booking Summary.
1.2 “Additional Driver” means such person who, in addition to the Primary Driver, is duly authorized by ABC AUTOCARS to drive the vehicle and identified on Booking Summary.;
1.3 “Renter” means all of the persons, jointly and severally, whose names appear on the Car Rental Agreement and the Booking Summary as “Primary Driver” and/ or “Additional Driver”
1.4 “Reservation Period” means the period between the time Renter takes possession of the Vehicle and the termination date and time as specified on ABC AUTOCARS records or/and in the Car Rental Agreement and Booking Summary or until the Vehicle is returned or recovered and in either case or if such period is extended, the time and date entered on ABC AUTOCARS’s records of the rental;
1.5 “Vehicle” means the motor vehicle described on ABC AUTOCARS website or in the Car Rental Agreement and Booking Summary including, without limitation: all keys, tires, tools, equipment, accessories and documents in and on the vehicle when the Renter and/or the Primary Driver takes possession of the vehicle at the renting location and includes any replacement vehicle which has been officially authorized by ABC AUTOCARS, whether or not such replacement vehicle was authorized or approved by the Renter;
1.6 “Renting location” means the ABC AUTOCARS location from which the vehicle is rented by the Renter, alternatively any location agreed upon by the parties, identified on the Car Rental Agreement and on the Booking Summary as “Pick up Location” and/ or “Return Location”
2. Terms
2.1 Ownership.
The rights and obligations contained in this Rental Agreement govern your use of our vehicle and are not transferable by you.
You acknowledge that the vehicle is owned by us and that any attempted transfer or sub rent of the vehicle by anyone other than us is void.
We permit you to use the vehicle on the terms and conditions of this Rental Agreement only.
The Vehicle and any Extras are, by ownership, beneficial interest , property of ABC AUTOCARS.
2.2 Vehicle Condition/Warranty Exclusion.
Renter
agrees and asserts Renter received the Vehicle or/and Extras in
good physical and mechanical condition, without any
exterior and inerior damages with the clutch and
transmission in good working condition unless
otherwise identified on ABC AUTOCARS records or/and in Booking Photos at
the start of Reservation. Renter acknowledges that
damage to the clutch and/or transmission may not be
apparent at the time the vehicle is returned due to
the high temperature of the engine. Renter agrees
to be notified of any damages incurred to the
clutch or transmission after the vehicle has been
returned. Renter is taking possession of the
Vehicle “as-is” and has had an adequate opportunity
to inspect the Vehicle and their operation. ABC
AUTOCARS excludes all warranties, both express and
implied, with respect to the Vehicle, including any
implied warranty of merchantability or fitness for
a particular purpose. Renter agrees not to alter or
tamper with the Vehicle or any Extras. If Renter determines the
Vehicle is unsafe, Renter shall stop operating the
Vehicle and notify ABC AUTOCARS immediately.
2.3 Renter's property, including personal information
and data.
ABC AUTOCARS is not responsible for any
damage to, loss or theft of, any personal property
of Renter or data contained therein, whether the
damage or theft occurs during or after termination
of the booking regardless of fault or negligence.
No bailment is or shall be created upon ABC
AUTOCARS, whether actual, constructive or
otherwise, for any personal property carried in or
left in the Vehicle or on ABC AUTOCARS’s premises.
Renter acknowledges that any personal data or
information downloaded or transferred to the
Vehicle may not be secure and may be accessible
after the Reservation Period. Renter releases ABC
AUTOCARS from any liability resulting from or
otherwise arising out of any such data or
information being accessed and/or utilized by a
third party.
2.4 Vehicle Return. Late Returns
Failure to return the Vehicle or any Extras or equipment upon
expiration of the rental period and failure to pay
all amounts due (including costs for damage to the
Vehicle or equipment) are evidence of abandonment
or refusal to redeliver the Vehicle or any Extras, punishable in
accordance with section 812.155, Florida
statutes.
The Renter shall return the vehicle, at the
Renter’s expense to an authorized representative of
ABC AUTOCARS at such time and location agreed to by
ABC AUTOCARS. The Renter acknowledges that failure
to return the vehicle in terms hereof shall
constitute illegal possession by him, and ABC
AUTOCARS may repossess the vehicle wherever it
may be found and from whomsoever is in possession
thereof. Any costs incurred by ABC AUTOCARS to
retrieve the vehicle will be charged to the account
of the Renter, including, but not limited to, any
physical damage that occurs in the repossession of
the vehicle. Should the vehicle not be returned as
indicated on ABC AUTOCARS records, any Waiver option and/or Personal
Accident Insurance cover in terms hereof will
become null and void. Should the vehicle not be
returned as indicated on ABC AUTOCARS records , the vehicle may be
reported as stolen and/ or embezzled to the appropriate authorities. Renter hereby release and discharge ABC AUTOCARS from and indemnify, defend and hold ABC AUTOCARS harmless against any liability arising from such notice.
The vehicle shall be returned to ABC AUTOCARS in
the same condition as received, that being
undamaged, in good order and in a roadworthy
condition, fair wear and tear excepted. When the
Renter returns the vehicle to any Renting Location,
the Renter shall: park the vehicle in ABC
AUTOCARS’s reserved parking: and ensure that the
vehicle is properly locked and secure; and hand the
keys to an authorized representative of ABC
AUTOCARS or leave the keys in a drop safe provided
at the offices of ABC AUTOCARS, to be used when the
offices are not open for business. In the event
that the vehicle is not returned in accordance with
Car Rental Agreement, the sole risk of loss or damage
to the vehicle will remain vested in the Renter
until such time as ABC AUTOCARS has recorded the
return of the vehicle. It is the responsibility of
the Renter to ensure that the vehicle is fully re-
fueled when returning the vehicle. Failure to do so
will result in ABC AUTOCARS refueling and charge
the Renter for the refuel.
2.5 Renter Protection Option. Coverage
Provided you comply with all the terms of this Rental Agreement and provided the loss,
damage or theft is not caused intentionally, or by the gross negligence of you or an authorised driver,
your liability may be limited as follows:
In addition to any personal insurance coverage the Renter may have,
ABC AUTOCARS offers supplementary protection with varying levels of out-of-pocket maximums, which the Renter should have purchased.
The Renter protection option represents the amount the Renter must pay ABC AUTOCARS in the event of damage to the Vehicle.
The Renter is financially responsible for any covered damage to the ABC AUTOCARS’s vehicle, up to their purchased protection plan’s out-of-pocket maximum listed on ABC AUTOCARS website,
regardless of whether or not the damage was Renter's fault.
In the event of theft, Renter must return the keys and any remote control anti-theft device to us, if Renter do not comply with,
any purchased supplementary protection Renter take to reduce or eliminate your liability, will be void.
2.6 Third party liability insurance
ABC AUTOCARS does not extend any of its motor vehicle financial responsibility and ABC AUTOCARS does not provide any liability insurance coverage to Renter, Passengers,
or Third parties through this rental agreement unless ABC AUTOCARS is obligated to do so due to legal requirements or according to the rental agreement.
ABC AUTOCARS won’t be liable for any Injuries, Specific injuries, Severe-injuries, Death, Wrongful death, any Non-economic damages, Economic damages and Property damage that may be
suffered by Renter or third party as a result of Renter's compliance with this Car Rental Agreement and/or ABC AUTOCRAS policies, incorporated policies.
In the event that any third party suffers death, personal injury or damage to property caused by use of the vehicle which involves a violation or compliance by you or any authorised driver of any of the terms and conditions of this Rental Agreement or/and ABC AUTOCARS policies,
you agree to reimburse us if we are obliged to compensate the insurers for any payment they make to a third party on your behalf and/ or any third party.
2.7 Limits on liabilty
ABC AUTOCARS shall not be liable to Renter or any Third party for ignored by Renter to conduct several technical vehicle inspections including pre-trip, en-route, and post-trip,
dumping litter from a motor vehicle, traffic Fines, parking violations,
all medical expenses, losses and costs, any damages, death, wrongful death, bodily injury, any medical expenses, lost wages,
loss of income, pain and suffering, physical health, any non-economic damages and property damage arising from the rental.
ABC AUTOCARS shall not be liable to Renter or third party for any indirect or unforeseeable loss or damages, including loss of profits or loss of opportunity.
2.8 Renter Financial Responsibility is Primary.
As outlined in ABC AUTOCARS’s Terms of Service, with
regard to physical damage to or theft of the
Vehicle that occurs during the Reservation Period,
Renter is financially responsible, regardless of
who is found at fault. This responsibility applies
whether Renter has their own auto insurance or not.
Renter will be liable to us for all reasonable losses and costs incurred by us in the event of loss,
damage to or theft of the vehicle, its parts or accessories while on rental.
Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income,
towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the vehicle.
Renter will work with ABC AUTOCARS to make a claim
for coverage under any policy of insurance that
applies to the loss if any damage occurs to the
Vehicle during the Reservation Period. Any
protection option selected by Renter when booking a
vehicle, to the extent offered, will not be
available until all personal insurance options,
protection and/or coverage have been
exhausted. Renter will be liable for all losses and costs, any damages,
death, wrongful death, bodily injury, any medical expenses, lost wages,
loss of income, pain and suffering, physical health, any non-economic damages and property damage incurred by third party
2.9 Renters Resident in the State of Florida;
Renters with a Booked Car in the State of Florida;
Renters Insured in the State of Florida.
The valid
and collectible insurance and personal injury
protection insurance of any authorized rental or
leasing driver is primary for the limits of the
liability and personal injury protection coverage
required by ss.324.012 (7) and (627.736), Florida
Statutes.
2.9.1 Telematics Notice and Release. Dash cameras.
The Vehicle may
have features or an on-board device that may
monitor the state of the Vehicle from moment to
moment,live-streaming functionality with remote access, manage unsafe driving behaviors with machine learning: distracted driving,
speeding, tailgating, rolling stops, harsh braking, and mobile phone use during the Reservation Period. The
non-personal information collected by the features
or on-board device may include, for example, the
Vehicle’s condition; damage and accident records;
performance, operation and diagnostic data; and
information on mileage, acceleration, velocity,
fuel consumption, fuel level, tire pressure,
odometer, location and direction, and other vehicle
information (“Vehicle Data”). Use of the features
or on-board device is subject to the terms and
conditions posted by the vehicle manufacturer or
technology provider, which may include system and
service limitations, warranty exclusions,
limitations of liability, wireless service provider
terms, privacy practices, descriptions of use and
sharing of information, and user responsibilities.
Unless prohibited by law, Renter authorizes the use
or disclosure of or access to the Vehicle Data and
Renter shall inform any and all Additional drivers
and passengers of the terms of this section. Renter
releases ABC AUTOCARS and agrees to indemnify,
defend and hold harmless ABC AUTOCARS, operator of
the features or on- board devices, wireless
carrier(s) and other suppliers of components or
services and their respective employees, officers,
directors and agents from any damage (including
incidental and/or consequential damages) to persons
(including without limitation Renter, an Additional
drivers and passengers) or property caused by
failure of the features or on-board device to
operate properly or otherwise arising from the use
of the feature or on-board device by Renter, a
Additional drivers or ABC AUTOCARS.
3. GENERAL
In case any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver by either party of any right under this Agreement or failure to perform or of a breach by the other party shall not be deemed a waiver of any other right under the Agreement or of any other breach or failure by such other party whether of a similar nature or otherwise. This Agreement cannot be altered by another document or oral agreement unless agreed to in writing or through the ABC AUTOCARS Services. In the event of any conflict between the terms of this Agreement and the terms of the ABC AUTOCARS Terms of Service, the ABC AUTOCARS Terms of Service control.
About the Booking Summary
Booking Summary is electronic document that includes details of your rental.
1. Definitions
"Reservation ID # - every reservation has their own confirmation number
"Booked on" - the date of the booking
"Reservation start" - includes date and time Renter should pick up a booked vehicle
"Reservation end" - includes date and time Renter should return a booked vehicle
"Pickup Location" - specific spot agreed by ABC AUTOCARS where the Renter should pick up a booked vehicle
"Return Location" - specific spot agreed by ABC AUTOCARS where the Renter should return a booked vehicle
"Vehicle" - information about Year, Make and Model of booked vehicle
"Vehicle License Plate" - a vehicle registration plate
"Vehicle VIN" - a unique identifying code given to a vehicle when it's manufactured
"Liability Coverage" - ABC AUTOCRAS provide Renter with State minimum liability insurance that pays for property damage and/or injuries to another person caused by an accident in which Renter is at fault.
"Protection Plan" - information about Set plan that is not insurance, it is a contract that set forth your level of responsibility if during the applicable reservation your booked vehicle suffers Physical damage
"Free Miles Included" - Free total milleage fro each Reservation
"Additional Miles cost" - Extra mileage fee for any overages and/or also discribed on pricing page
"Primary Driver" - means such person who is duly authorized by ABC AUTOCARS to drive the booked vehicle
"Additional Driver" - means such person who, in addition to the Primary Driver, is duly authorized by ABC AUTOCARS to drive the booked vehicle
"Security Deposit" - ABC AUTOCARS will apply a refundable security deposit to your Reservation and the amount of that deposit depends on the type of vehicle you choose and other factors
1(305)
701-7788