Rental Agreement

ABC AUTOCARS Inc. and its subsidiaries (collectively, “ABC AUTOCARS”, “we”, or “us”), provide an online car rental platform that connects us with travelers and locals seeking to book our vehicles. ABC AUTOCARS is accessible online including at abcautocars.com. The ABC AUTOCARS websites, email, blog, ABC AUTOCARS rental agreement and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal rental agreement between you and ABC AUTOCARS. These Terms, together with the ABC AUTOCARS policies,(together, the “Policies”) constitute the “Rental Agreement” between you and ABC AUTOCARS (each a “Party” and together, “the Parties”).
Modification.
ABC AUTOCARS reserves the right, at our sole discretion, to modify the Services or to modify the Rental Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your ABC AUTOCARS Account within 30 days. If you choose to close your ABC AUTOCARS Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

1. DEFINITIONS

1.1 “Primary Driver” means such person who is duly authorized by ABC AUTOCARS to drive the vehicle and identify 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;
1.3 “Client” means all of the persons, jointly and severally, whose names appear on the Rental Agreement and Booking Summary, including any additional driver, identified on the Rental Agreement and on the Booking Summary as “Primary Driver” and/ or “Additional Driver”
1.4 “Rental Period” means the period between the time Client takes possession of the Vehicle and the termination date and time as specified in the 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 our website or in the Rental Agreement and Booking Summary including, without limitation: all keys, tires, tools, equipment, accessories and documents in and on the vehicle when the client and/or the 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 client;

1.6 “Renting location” means the ABC AUTOCARS location from which the vehicle is rented by the Client, alternatively any location agreed upon by the parties, identified on the Rental Agreement and on the Booking Summary as “Pick up Location” and/ or “Return Location”

1.7 “Protection option” Protection option made available on ABC AUTOCARS to clients that sets forth your level of responsibility for Physical Damage (which is not insurance). Our protection option for clients do not cover • Interior damage or mechanical damage • Bodily injury and property damage to third parties • Personal, passengers injury • Lose the keys or key fob to the Vehicle • Damage caused by the smoke to the vehicle • Vehicle is towed, while in renter possession • Empty tank • Flat tire, jump-start for a booked car battery • All Related costs • Additional distance fee • Excessive or specialized cleaning of the booked car — Client responsible for • Returning the booked vehicle on time in the same condition it was when you first received it • Physical damage to the vehicle in the event of collision or comprehensive events, or theft of the vehicle (and Related costs) during the booked period, regardless of who is found to be at fault for the damage • The actual cash value (ACV) of a vehicle if there's Physical damage that result in it being total loss, plus Related costs, minus the salvage value, if any. • Bodily injury and property damage to third parties • Personal, passengers injury • Lose the keys or key fob to the Vehicle • Damage caused by the smoke to the vehicle • Vehicle is towed, while in renter possession • Empty tank • Flat tire, jump-start for a booked car battery • All Related costs • Additional distance fee • Excessive or specialized cleaning of the booked caroccurring during the Rental period.

2. TERMS

2.1 Ownership. The Vehicle is, property of ABC AUTOCARS or third party

2.2 Vehicle Condition/Warranty Exclusion. Client agrees and asserts Client received the Vehicle in good physical and mechanical condition, without any exterior and inerior damages with the clutch and transmission in good working condition unless otherwise identified in Booking Photos or Videos at the start of reservation. Client 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. Client agrees to be notified of any damages incurred to the clutch or transmission after the vehicle has been returned. Client 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. Client agrees not to alter or tamper with the vehicle. If Client determines the Vehicle is unsafe, Client shall stop operating the Vehicle and notify ABC AUTOCARS immediately.

2.3 Clients property, including personal information and data. ABC AUTOCARS is not responsible for any damage to, loss or theft of, any personal property of Client 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. Client 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. Client 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.
Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida statutes.
The Client shall return the vehicle, at the Client’s expense to an authorized representative of ABC AUTOCARS at such time and location agreed to by ABC AUTOCARS. The Client acknowledges that failure to return the vehicle in terms hereof shall constitute illegal possession by him, and ABC AUTOCARS may repossess the vehicle wherever same 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 Client, including, but not limited to, any physical damage that occurs in the repossession of the vehicle. Should the vehicle not be returned as indicated above, 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 above, the vehicle may be reported as stolen to the appropriate authorities. 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 Client returns the vehicle to any Renting Location, the Client 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 Rental Agreement, the sole risk of loss or damage to the vehicle will remain vested in the Client until such time as ABC AUTOCARS has recorded the return of the vehicle. It is the responsibility of the Client 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 Client for the fuel.

2.5 Client Protection Option. The Client protection option represents the amount the Client must pay in the event of damage to the Vehicle.

2.6 Client 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, Client is financially responsible, regardless of who is found at fault. This responsibility applies whether Client has their own auto insurance or not. Client 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 Client when booking a vehicle, to the extent offered, will not be available until all personal insurance options, protection and/or coverage have been exhausted.

2.7 Clients Resident in the State of Florida; Clients with a Booked Car in the State of Florida; Clients 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.
2.8 Telematics Notice and Release. The Vehicle may have features or an on-board device that may monitor the state of the Vehicle from moment to moment, 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, Client authorizes the use or disclosure of or access to the Vehicle Data and Client shall inform any and all Additional drivers and passengers of the terms of this section. Client 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 Client, 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 Client, 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.

4. Payment
To book a car on ABC AUTOCARS, you must have a current, eligible payment card listed on rental agreement or/and on your account. We accept credit and debit cards but don’t accept prepaids cards.
All payments are due on demand, (unless otherwise agreed in writing by ABC AUTOCARS). All charges payable by the Client shall be payable by credit card, debit card or in cash of the Rental Period and/or ABC AUTOCARS requires all or any of the charges to be prepaid in advance. In the event where a Client chooses to pay cash for a rental, the Client will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever. If ABC AUTOCARS has agreed to accept payment from the Client by credit card, debit card or charge card specified in the agreement, the Client’s signature of this agreement will constitute irrevocable authority for ABC AUTOCARS to obtain authorization and/or payment. The signature will also constitute irrevocable authority for the issuer of the card to debit him with the total amount due to ABC AUTOCARS including but not limited to any Damages and/or Loss suffered by ABC AUTOCARS. In the event that the Client returns the vehicle to ABC AUTOCARS prior to the termination of the Rental Period as specified hereof, the Client will pay the usual rates and charges applicable to the Rental Period and the rates and charges for the full Rental Period and/or miles actually occurred. In the event of an incident and/or if the vehicle is stolen and/or lost, the amount of the Damages and/or the Total Loss as suffered by ABC AUTOCARS is payable by the Client immediately on demand by ABC AUTOCARS or its duly authorized representative. The Client shall be obliged to accept the quotation for repairs as proof of quantum for the Damages caused to the vehicle. Damages in excess of $15,000.00 will be supported by an independent assessor’s report. The Client by signing the rental agreement, accepts full responsibility for the damages incurred for which he/she is liable. The Client agrees that if payment is to be made by credit card and debit card, his/her signature on the rental agreement shall constitute authority to debit his/her credit card and debit card for the total amount due including his/her full liability for any damages incurred. If any amount is not paid on due date, ABC AUTOCARS may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime as charged by Bank of America plus 5%, whichever is the higher, and in the sole discretion of ABC AUTOCARS. A certificate of any director, manager or accountant of ABC AUTOCARS as to any amount owed by the Client to ABC AUTOCARS shall constitute prima facie proof of that amount.

5. Payment method:

Card Type [card-type] Name on Card [your-cardholder_name]
Card # [your-card_numb] Expiration date [your-expiration_date] CVV (security code) [your-cvv_code]

Billing address:

Building: #[your-building-number] Apartment: (Unit)#[your-apartment-number]

Street: [your-street]

City: [your-city] Country: [your-country]

State (Region): [your-state] Zip code: (Postal code) [your-zip-code]

6. Verification photos:
You need to submit driver’s license photos for approval. Take a clear, close-up photo where all four corners and sides of the license are visible. Driver’s license pictures:

“Primary Driver” “Additional Driver”

If we’re not able to conclusively verify your identity we may ask for up to 2 additional photos:
1. A selfie of you holding your driver’s license next to your face.
2. Your passport, open to its ID Page.

You’ll get an email or notification if you need to submit additional photos for approval.