Car Rental Agreement

Last revised: December 20, 2024

Conditions

ABC AUTOCARS creates a Car 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 Car Rental Agreement

The Car Rental Agreement includes a summary of your rental, referred to as "Booking Summary"
The Car 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;

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 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
The Renter protection option represents the amount the Renter must pay ABC AUTOCARS in the event of damage to the Vehicle. 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 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 their fault. 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 reservation unless ABC AUTOCARS is obligated to do so due to legal requirements or according to the rental agreement. ABC AUTOCARS won’t be responsible 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

2.6 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 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.

2.7 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.

2.8 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.