Rental Policies

Advantage Car & Truck Rentals Ltd.

Rental Agreement, Terms & Conditions

October 31, 2019
  1. Entire AgreementThese Terms and Conditions, any further agreement signed by you, the Privacy Notice, the Advantage website or On Demand Car mobile app (if installed) Terms of Use, rental documents and return records together with the computed rental charges constitute the rental agreement (“Agreement”) between yourself and Advantage Car & Truck Rentals Ltd. (“Advantage”). You agree by your signature on the digital tablet or paper-based rental agreement (hereinafter referred to as the “Rental Agreement” that you have read, are aware of, accept full responsibility for and are bound by the Rental Agreement, hereof for the rental period whether or not subsequent Agreements are executed by you or if we assign a new Agreement number during the Rental Period for the purpose of invoicing you. You agree that electronic signature has the same force and effect as manual signatures. You expressly acknowledge that you and Advantage are the only parties to this Agreement, notwithstanding that a reservation for car 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 car, length of rental, rental rate and/or selection of optional products. For matters arising from this Agreement, you authorize Advantage to verify and/or obtain through credit agencies or other sources your personal, credit and/or insurance information. This agreement is the entire Agreement between you and Advantage and cannot be altered by another document or oral agreement unless agreed in writing and signed by you and Advantage.
  1. General Information.You rent from Advantage the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “Your” refer to the person who signs the Agreement, “we”, “our” and “us” refer to Advantage. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
  1. Ownership/Vehicle Condition/Warranty Exclusion.You acknowledge that Car and any Optional Accessories are, by ownership, beneficial interest or lease, property of Advantage or its affiliate, even if owned, registered or titled to a third party. You are not an agent of Advantage and have no authority to bind Advantage. You agree you received the car in good physical and mechanical condition. YOU ARE 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. ADVANTAGE EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, concerning THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree not to alter or tamper with Vehicle or any Optional Accessories. If You determine Vehicle or any Optional Accessories is unsafe, You shall stop operating the Vehicle and any Optional Accessories and notify Advantage immediately.
  1. ChangesAny change in the Agreement or our rights must be in writing and signed by an authorized Advantage  You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Advantage website’s Terms & Conditions section. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Advantage web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to the Terms and Conditions will be posted as they occur on the Advantage web site at advantagecarrentals.com/rental-policies/ and will govern all rentals even if the terms provided at the time of enrollment are different.
  1. Meaning of Car. The word “car” means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in the Agreement.
  1. Who May Drive The Car? You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing and remains in good standing as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way. We reserve the right to deny rentals based upon information about your license status, the authenticity of the credential, or driving record provided by the Ministry of Transportation of Ontario or the jurisdiction that issued your license or any other reliable source in the business of validating an identity or the driver’s license credential. We reserve the right to periodically validate your driving credentials. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 25 years old and must also be a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document. As the renter or signatory of the Agreement, you certify that you hold a valid driver’s license for the appropriate class authorizing you to drive the car or cars described in the contract and you undertake to ensure that any person called upon to drive the said car or cars also hold a valid driver’s license for the appropriate class pursuant to local law. Drivers under the age of 25 must have their own valid full automobile policy or be named as a driver on an active automobile policy. Drivers under the age of 25 will be charged an “under-age driver fee” of $25 per day and are only allowed to rent Economy through Full-size cars.
  1. Return of the Car. You agree to return the car to us in the same condition you received it, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the car outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the car will continue, and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. Operating hours vary by location. If we do not find the car when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is returned or recovered. If you wish to extend any rental you must contact us at 1-888-433-2222 or an otherwise approved method to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply. Failure to return rental 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 jurisdictions in Ontario.
  1. Where You’ll Return the CarThe car must be returned to the agreed return location as specified on the rental document. If a return is indicated to a location other than the location where your rental commences, you may have to pay a “drop off fee.” If you return the car to a different location from the agreed return location without our permission, you agree to pay the “Unauthorized return location fee” specified by us.
  1. Rental ChargesYou will pay for the number of miles/kilometers you drive and the period you rent the car at the rate indicated on the rental agreement, or your applicable corporate rate. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus mileage/kilometer, or a fixed fee. We will determine the miles/kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or conservation surcharge fees, vehicle license recovery fees, other fees, and surcharges.
  1. If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, you may be charged a redemption fee. Additionally, if you choose to earn airline miles or other comparable loyalty program benefits, you may be charged a fee.
  2. You will also pay a reasonable fee for cleaning the car’s interior upon return for excessive stains, dirt, odor or spillage attributable to your use as determined solely by us.
  3. If the key(s) are not returned with the car, you will be charged an additional fee.
  4. We maintain a non-smoking fleet, including e-cigarettes. You will pay an additional charge if you return the car and it smells of smoke.
  5. You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
  6. If you use a toll highway with our car, you will be responsible for all charges billed to us plus an administration and research fee, see the disclosures in our “e-Toll” paragraph.
  7. To the extent you utilize any rate/benefit discount code in association with a rental, you represent you meet the requisite criteria for utilizing such discount code. Any other use will be viewed as an unlawful use and theft of services for which Advantage can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs, and may void any associated discounts or rental benefits.
  1. Taxes, Surcharges & Fees.You’ll also pay all applicable taxes as well as any additional charges provided on the rental documents which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
  1. Mileage allowance.Mileage allowance for vehicle types smaller than full size is unlimited as long as the vehicle remains within the province of Ontario, Canada. If the vehicle is traveling outside of Ontario the kilometer allowance is subject to alter based on various factors. Renters who need to cross the border to the U.S or leave the province of Ontario need to be pre-qualified by our rental agent. Our of province surcharge of $12.99/day will apply to the rental agreement when leaving the province. If you leave the province of Ontario without our written consent, we will take legal action against you for breaching of our rental agreement. A maximum of 3000 kilometers is permitted for any rental period. An additional fee of a minimum of $0.25 per kilometer up to $2 per kilometer will apply to you if you drive our car more than 3000 kilometers.
  1. Credit Card Reserve/Deposit.You acknowledge that you have been informed that when you use a credit card, your credit, up to an amount of the estimated total charges due under the Agreement PLUS a minimum of $300 refundable deposit, as indicated on the rental document, based on your representation about this rental, will be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Agreement, based on your representation about this rental, as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuerThe renter listed on the rental agreement must have a valid major credit card that matches the driver’s license. A minimum of $250 security hold PLUS the full payment of the rental is required at the time of pick up. The funds will not be available for use until after the vehicle has been returned. Cash, prepaid cards and money orders are not acceptable methods of deposit.
  2. Repossessing the Car.We can repossess the car at any time in our sole discretion for reasons that include but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of the Agreement or appears to be abandoned. You agree that such costs will be charged to the credit/debit card(s) you used to rent the car.
  1. Loss Damage Waiver (LDW)/Collision Damage Waiver (CDW).Loss Damage Waiver (“LDW”) or Collision Damage Waiver (“CDW”) are the same and are not insurance. If you accept any one of the LDW’s or CDW’s that we offer by your initials on the rental agreement at the additional daily rate, for each full or partial day that the car is rented to you and the car is operated in accordance with the Agreement, we will waive or reduce your payment for loss or damage to the car to the extent of the conditions contained in paragraph (L.D.W) on the rental agreement document except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire services, or recovery of the car if stolen and except for your amount of “responsibility”, if any, specified on the rental document. LDW options range between $19.99 and $35.99 per day.
  1. Partial Loss Damage Waiver (“PDW”)is available only where permitted by law. If you accept PDW at the indicated daily rate, and the car is operated under the Agreement, we assume all loss or damage to the car up to the amount as specified on the rental document and you accept responsibility for all other loss or damage. If you do not accept either LDW or PDW, you owe for all loss or damage to the car. Loss and damage are described in paragraph 14 below. You acknowledge you have been advised that your own insurance may cover loss or damage to the car. You also acknowledge reading the notice on loss damage shown on the rental document, or in these Terms and Conditions, or in a separate notice form.
  1. Damage to/Loss of the Car.If you do not accept a Loss Damage Waiver, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 15, you are fully responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost up to the amount specified by law, or if in our sole discretion, we determine to sell the car in its damaged condition, you will pay the lesser of the difference between the car’s retail fair market value before it was damaged and the sale proceeds up to the amount specified by law. If the car is stolen and not recovered you will pay the greater of the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than the retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered, you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign all of your benefits directly to us to recover all consequential and incidental damages including, but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different than the terms of this Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in before your rental. The claims administration charges will apply based upon the damage repair valuation as follows: Damage $0.00 – $2,500.00=$200.00, damage $2,501.00 – $5,000.00=$250.00, damage $5,001.00 and over =$300.00, total loss= $400.00.
  1. Proof of Insurance Policy.When a personal automobile insurance policy is being used to cover the rental car, proof of a valid policy is required. In some cases, proof of insurance may be required for credit card policies if it is an out of the ordinary circumstance. Most credit card policies are well known, an additional proof will not be required when using a credit card policy to cover our car.
  1. Form of Payment.The following forms of payment are accepted at the end of the rental. Please read the Renter Requirements Policy for details about deposits and general rental requirements. Additional authorizations from your account will be obtained to cover the cost of the rental charges. Advantage is not responsible for any overdraft fees incurred.
    1. Visa®
    2. MasterCard®
    3. American Express®
    4. Debit Card
    5. Money Order
  1. Prohibited Use of the Car.Certain uses of the car and other things you or a driver may do, or fail to do, will violate the Agreement and, in addition to anything else may cause us to place you in our blacklist. VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT AND EFFECTS INSURANCES, EXTENDED ROADSIDE ASSISTANCE, EMERGENCY SICKNESS PROTECTION, AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES, AND COSTS THAT WE MAY INCUR. 

It is a violation of this paragraph if:

  1. You use or permit the car to be used;
    • by anyone other than an authorized driver.
    • to carry passengers or property for hire.
    • to tow or push anything.
    • to be operated in a test, race or contest, or on unpaved roads.
    • while the driver is under the influence of alcohol and/or a controlled substance and/or narcotics, intoxicants, otherwise impaired.
    • for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substance or contraband, or illegal devices.
    • recklessly or while overloaded.
    • if the car is driven into the United States or outside of province of Ontario without our expressed and written permission.
    • You or an additional driver, authorized or not;
      1. fail to promptly report any damage to or loss of the car when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation.
      2. where required by law, failed to report an accident to law enforcement.
      3. obtained the car through fraud or misrepresentation.
      4. leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized.
      5. intentionally or with willful disregard cause or allow damage to the car.
      6. return the car after hours and the car is damaged, stolen or vandalized or otherwise failed to take reasonable steps to secure the car, its keys or other remote entry and starting devices.
    • Driving or operating the car while using a hand-held wireless communication device or another device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of this contract.
    • transfer or assign this Agreement and/or sublease our car.
    • remove any seats from the car.
    • use for testing its technological components or capabilities.
  1. Refueling ServiceMost rentals come with a full tank of fuel, but that is not always the case.
    1. Where available, if permitted by law if you drive less than 50 kilometers, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the rental agreement and at the counter before the start of rental period. You may avoid this charge at the time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges. If this subparagraph (1) does not apply at the location, there are three refueling options.
      1. If you do not accept the fuel service option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, we will charge you a fuel service charge at the applicable rate per- kilometer or per-litter rate specified on rental documentation or disclosed at the location. The per-kilometer rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of kilometers driven, as shown on the car’s odometer (or provided by the vehicle’s telematics device), times the per-mile rate shown on the rental document. The per-gallon rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the car as when you received the car (by using the factory-installed gauge, rounded down to the nearest 1/8 tank), times the per- litter rate is shown on the rental document. Although two methods are used for ease of calculation, the per-mile and per-litter rates produce approximately the same result. Some of our cars are equipped with onboard telematics which records the actual amounts of fuel in the gas tank. In the event your car has such a device, you will be charged for the actual amount of gasoline needed to fill the tank based on the reading of this device.
      2. If you accept the pre-paid fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The per-litter cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel.
      3. You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, present a receipt for your fuel purchase which shows that you fill-up the car within 5 kilometers radius of the returning location.
  1. e-Toll. If you do not pay cash for tolls or the roadway does not accept cash payment, you automatically opt into our e-Toll service, pursuant to which you agree to pay us or our toll program administrator, with whom we will share your credit card/debit information, for all tolls incurred during your rental and all related fees, charges, and penalties. Under the e-Toll program, once you pass through an electronic toll, you will pay an administration/research fee of $25 per rental agreement, plus incurred tolls at the maximum prevailing rates posted by the toll highway authority. You can avoid this fee and any other charges by paying the toll in cash, using your electronic toll device, or avoiding any electronic toll road or passage such as Highway 407 ETR. The charges may take a minimum of 4 weeks after the rental to be billed to your credit card/debit card on file.
  1. Fines, Expenses, Costs, and Administrative FeesYou’ll pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee for any violation of the Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a minimum $25 administrative fee. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. In the event, we use a third-party collection and or agent to resolve any tickets, citations, fines, and penalties, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
  1. Roadside AssistanceRoadside assistance is available to all renters. In some instances, you may purchase added protection under Extended Roadside Assistance to cover potential costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts emergency fuel delivery. If you do not purchase the Extended Roadside Assistance in advance, you may incur added costs for providing the above-referenced services. When paying in advance for Extended Roadside Assistance, you will pay for any full or partial day.
  1. Liability Protection. Advantage has obtained all mandatory automobile insurance as required by law for the car. By driving the rental car, authorized drivers are agreeing to comply and be bound by all terms, conditions, limitations, and restrictions of the insurance policy which are made a part of this rental agreement. We will not provide “uninsured motorists”, “underinsured motorists”, “supplemental”, “no-fault”, or any other optional insurance coverage unless such coverage is required by law. To the extent permitted by law, the Renter/Driver (s) and Advantage reject the inclusion of any such optional coverage. Anyone driving the car who is permitted to drive it by the Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-permitted driver, the same limits apply. Except where required by law to be primary, any protection provided by us shall be secondary to any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. Such protection will be provided by us according to the terms and subject to all of the conditions of a standard automobile liability insurance policy, issued in the jurisdiction in which the accident occurs, including all requirements as to notice and cooperation on your part, which are hereby made a part of the Agreement. You agree that we can provide this protection under a certificate of self-insurance or an insurance policy or both as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand and agree that unless required by applicable law we will not provide:
  2. Personal Accident and Effects Insurance (PAE).You’ll pay for PAE and PAE- Plus (where available) if you accept it. You understand that you will be charged the rate per day for a full day even if you don’t have the car the entire day. Visit advantagecarrentals.com/products-services/ for additional information, terms and coverage limits.
    1. coverage for fines, penalties, punitive or exemplary damages;
    2. coverage for bodily injury to you, or your death, while not a driver, or any member of your family or the driver’s family;
    3. defense against any claim after applicable limits or coverage that you furnish have been tendered;
    4. supplementary no-fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages where and to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.

Indemnification and Waiver. You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from the Agreement, rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have the final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the rental.

 

Property in the Car. We are not responsible for the loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.

 

Currency ConversionIf you use a credit or charge card that is issued by a financial institution outside of Canada and your charges are billed to us in a currency other than Canadian Dollars, the full amount of your charges will be converted to the card account’s billing currency by us unless you have instructed us not to perform the conversion process on your personal account profile or submitted a written request in advance to have the currency conversion performed by your card issuer. Our conversion will be based on a conversion rate published by Reuters and will incorporate a processing charge no higher than 3% applied to all amounts relating to the transaction. This charge will replace the currency conversion processing charge applied by your card issuer. You understand that your card issuer has a currency conversion process; that you have chosen not to use your card issuer’s currency conversion process; and that you will have no recourse against your card issuer for any matter related to the currency conversion or disclosure thereof.

Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review and final audits.

Collections. If you do not pay all amounts due to us under the Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in an effort to collect any Charges or Costs under this section and may use the address provided by you on the rental document, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.

Use of GPS Tracking Devices. We use GPS tracking devices to track or locate or disable cars which may be reported stolen, suspected of being lost, stolen or abandoned, or as may be required by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services.

Insurance Rentals early return. You agree and authorize us to charge you a $250 service charge if you return the rental vehicle early due to insurance company steering.

Charge-Back. An administration charge, not to exceed $250 will be charged to you in the event of a credit card chargeback that is proved to be valid to the cardholders issuing bank.

Privacy. We collect, use and share your personal information (PI) with affiliates, licensees and other third parties to

    1. provide and administer the services you request, including use of corporate discounts and loyalty programs;
    2. carry out relevant identity, fraud, security, driving license and credit checks;
    3. maintain, develop and improve the administration and management of our services;
    4. protect our interests and enforce our rights, including pursuing available remedies or limiting damage that we may sustain;
    5. protect the rights, privacy, safety and/or property of you and others;
    6. comply with or as permitted by law;
    7. provide you with information about goods and services we think may interest you, unless you opt-out. You may limit the use and sharing of your PI for marketing purposes, and you may access or correct your PI.

 

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