TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE RENTAL AGREEMENT

Terms And Conditions

By signing the Summary (the “Summary”) or by clicking the “I Accept” button at a rental kiosk, via an internet rental, or through online check-in, the Renter agrees that they have read, are aware of, accept full responsibility for, and are bound by the terms and conditions contained in the Summary and these Additional Terms and Conditions (collectively the “Contract”), for the Rental Period. If the Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing the Renter, even though subsequent agreements are not executed by the Renter, the Renter acknowledges and agrees that the terms and conditions in this Contract will govern until the Renter executes a subsequent rental agreement. The Renter agrees that electronic signatures have the same force and effect as manual signatures. The Renter expressly acknowledges that the Renter and the Owner are the only parties to the Contract, notwithstanding that a reservation for the 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 Contract, the Renter authorizes the Owner to verify and/or obtain through credit agencies or other sources the Renter’s personal, credit, and/or insurance information. The Contract is the entire agreement between the Renter and the Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by the Renter and the Owner.

  1. Definitions: For the purposes of the Contract, the following terms are specifically defined: a. “Additional Authorized Driver(s)” (AAD(s)) (subject to durational limits stated on the Summary, if any), and with the permission of the Renter, includes the Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license. An additional fee may apply. b. “Optional Accessories” means but is not limited to optional child seats, non-pre-installed global positioning systems and similar products and services, ski racks, toll transponders, and/or other products accepted by the Renter. c. “Owner” for the purposes of the Contract means “the Limited Liability Company” shown on the Summary. d. “Rental Period” means the period between the time the Renter takes possession of the Vehicle until the Vehicle is returned or recovered and, in either case, checked in by the 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), inclusive of the vehicle as equipped and furnished by the manufacturer and any equipment added by the Owner.
  2. Ownership/Vehicle Condition/Warranty Exclusion: The Renter acknowledges that the Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of the Owner or its affiliate, even if owned, registered, or titled to a third party. The Renter is not an agent of the Owner and has no authority to bind the Owner. The Renter agrees that they received the Vehicle and any Optional Accessories in good physical and mechanical condition. THE RENTER IS TAKING POSSESSION OF THE VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT THE VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. THE 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. The Renter agrees not to alter or tamper with the Vehicle or any Optional Accessories. If the Renter or AAD(s) determines the Vehicle or any Optional Accessories is unsafe, the Renter or AAD(s) shall stop operating the Vehicle and any Optional Accessories and notify the Owner immediately. Pursuant to Utah Code 76-6-410.5, failure to return the Vehicle within 72 hours from the date and time stated on the Summary may subject the Renter to prosecution for theft punishable by the maximum penalties under Utah state law.
  1. Payment by Renter
  2. 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.

  1. Renter shall pay A&A Car Rental, 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 if 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 Address on the Summary, all rental charges incurred through the time an employee of A&A Car Rental checks in Vehicle are Renter’s responsibility. 

(2) The mileage charge per mile for all miles exceeding any free miles 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 for the Rental Period set forth on the Summary. 

(4) The optional Verified Carbon Offsets (CO2 OFFSET) accepted by Renter are an optional environmental service designed to offset the greenhouse gases emitted by Vehicle. A&A Car Rental remits amounts collected to an independent third party provider. See www.aacarrentalorem.com for more information. The estimated emissions produced by Vehicle are based on the average mileage and fuel economy of vehicles in the rental fleet and are not calculated based on the emissions of a particular vehicle. 

(5) The charges for the rental of the toll collection transponder, if applicable. The optional Tollpass Service accepted by Renter provides for the daily rental of a toll collection transponder or, in some states or provinces, the use of a pre-installed device or video-monitored toll collection services. In addition to the daily charge for the Tollpass Service, A&A Car Rental, its affiliate or a third party may separately charge Renter’s credit or debit card (or bill Renter, as applicable, for cash rentals) for each toll (or other charge) incurred using the transponder, pre-installed device or video-monitored service during the Rental Period within the Tollpass Service area at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. Renter expressly authorizes A&A Car Rental or its affiliate to transfer to a third party: Renter’s name, address, credit/debit card information, and other data necessary to enable the collection of all such amounts. No credit is provided for days the transponder is not utilized. Tollpass Service has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties. See Paragraph 3.(c.)(4.). A current listing of Tollpass Service area covered roads is available upon request, at “www.aacarrentalorem.com” 

(6) The fuel charge at the rate shown on the Summary. If the fuel charge is based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the A&A Car Rental’s estimated difference in fuel level. The difference in fuel level will be calculated based on the difference shown on the fuel gauge (rounded to the nearest 1/8th) between rental date and return date or as determined by a pre-installed Telematics Device in the Vehicle. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it or for any unused fuel. The fuel charge is not a retail sale of fuel. 

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

(8) The other fees and charges (none of which are taxes) including but not limited to: 

(a) Any airport Customer Facility Charge, Customer Facility Charge or similarly designated charge (CFC) which is required to be paid by A&A Car Rental 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, and/or any other permissible use of the CFC under relevant federal, state or municipal laws, ordinances, or regulations, and/or relevant agreements, and 

(b) The Concession Recovery Fee, Concession Fee Recoupment, or similarly designated charge (CONC REC) which is A&A Car Rental’s charge to recover the concession fees paid by A&A Car Rental to an airport’s owner or operator in connection with this rental; and 

(c) The Facility Fee Recovery (FAC REC) which is A&A Car Rental’s charge to recover the estimated fees, charges, costs, which may include rent paid by A&A Car Rental to the owner, operator or agent of the location being serviced by A&A Car Rental for this rental or to the owner, operator or agent of the location of the Branch Address on the Summary; and 

(d) The Motor Vehicle License Cost Recovery Fee (MVLCRF), which is A&A Car Rental’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon A&A Car Rental or its affiliates to title, register and plate all vehicles in its/their rental fleet within the state in which the rental originates. The MVLCRF is not calculated based on the costs imposed upon a particular vehicle.

(9) The taxes, fees and other mandatory charges imposed by states, provinces, counties and other governmental authorities. 

(10) The Car Class Change fee.

  1. Additional Obligations of Renter – Unless prohibited by law, Renter shall pay A&A Car Rental, its affiliates or agents: 

(1) If Renter returns 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) $200.00; b) $1.50 per mile between return location and original rental office; or c) A&A Car Rental’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), to the extent DW, as described in paragraph 17, or RAP, as described in paragraph 20, do not apply. 

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

(4) All fines, costs, charges and attorneys’ fees paid or to be paid by A&A Car Rental, 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 A&A Car Rental, its affiliates or a third party, and that such amounts, plus Processing Fees, may be collected from Renter by A&A Car Rental, 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. A&A Car Rental, its affiliates or a third party may assess a fee of up to $35 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. 

(5) For use of the optional Tollpass Service, a Tollpass Convenience Charge (TCC) (where available) of up to $7.00 per day of the Rental Period for each day Vehicle is operated on a Tollpass Service area covered road and Vehicle operator does not pay an applicable toll or rent a toll collection transponder from A&A Car Rental, if available. Total TCC charges will not exceed $35.00 per Rental Period. To avoid the TCC, Renter may (i) use toll-free roads and bridges, (ii) pay tolls with cash (where applicable), or (iii) use any of the other methods described in our toll brochures and the Citations and Tolls FAQ on the FAQs page at www.aacarrentalorem.com, which vary by toll road/bridge. In addition to the TCC, A&A Car Rental or a third party may separately charge Renter’s credit or debit card for each toll not paid by Vehicle operator

  1. 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 A&A CAR RENTAL TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THE CONTRACT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF A&A CAR RENTAL INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES A&A CAR RENTAL TO RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.

(2) The authorization or deposit amount on the Summary will be taken by A&A Car Rental 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.

  1. A&A Car Rental reserves the right, in its sole discretion, to set off or deduct from any amounts owed from A&A Car Rental to Renter under the Contract any amounts owed from Renter to A&A Car Rental under the Contract. A&A Car Rental will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to A&A Car Rental within 20 business days after A&A Car Rental 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 A&A Car Rental.
  2. Prohibited Use and Termination of Right to Use
  3. Renter agrees to the following limits on use: 

(1) Vehicle shall not be driven by any person other than Renter or Authorized Additional Driver (AAD) without A&A Car Rental’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 the transport of products for hire as a common carrier, a contract carrier, or a private carrier of property UNLESS: 

  1. Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state, province, and/or federal government where Vehicle is rented and/or operated; and 
  2. Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state, provincial (if Vehicle is operated in Canada), ordinances, or regulations.

(4) The Vehicle must not be used for: any unlawful purposes; any illegal, fraudulent, or reckless activities; participating in races or speed contests; or for towing or pushing any objects.

(5) The Vehicle should not carry more passengers than the number of seat belts provided by the manufacturer, nor should passengers be seated outside of the designated passenger compartment.

(6) Renter must not remove any seats from the Vehicle.

(7) The Vehicle must not be driven by anyone under the influence of narcotics, alcohol, intoxicants, or drugs, whether prescribed or not.

(8) The Vehicle must not be overloaded beyond its Gross Vehicle Weight Rating (GVWR), which includes the weight of the Vehicle plus any load, as specified on the driver’s side door frame. Additionally, the load must be evenly distributed and comply with the Vehicle manufacturer’s specifications and guidelines.

(9) Except in emergencies, the Vehicle should only be driven on paved public highways or properly graded private or public roads and driveways, and should not be driven over bridges with a weight limit of three (3) tons or less.

(10) The Vehicle must not be operated by anyone who: has provided a fictitious name, false address, or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; has obtained the keys without permission from A&A Car Rental; or has misrepresented or withheld important information from A&A Car Rental related to the rental, use, or operation of the Vehicle.

(11) Renter must not transfer or assign the Contract or sublease the Vehicle.

(12) The Vehicle must not be used to store or transport explosives, chemicals, corrosives, or other hazardous materials or pollutants.

(13) The Vehicle should not be used for testing its technological components or capabilities.

 

  1. Renter agrees to return the Vehicle and any Optional Accessories to A&A Car Rental on or before the specified return date at the location indicated in the Summary or upon A&A Car Rental’s request, and in the same condition as received, except for ordinary wear and tear. Extensions to the Rental Period are at A&A Car Rental’s discretion.

 

  1. In the event of any violation of the usage limits or any other provisions of the Contract, A&A Car Rental will automatically terminate the right to use the Vehicle without further notice to the Renter or Authorized Additional Driver (AAD). A&A Car Rental retains any other rights and remedies provided by law, including the right to seize the Vehicle without legal process or notice. Renter and AAD(s) waive any claims for damages related to such seizure, including loss or damage to contents, and are responsible for all expenses incurred by A&A Car Rental in returning the Vehicle to the original rental office.
  2. If the Renter or any Authorized Additional Driver (AAD) continues to use the vehicle after the right to do so has been revoked, A&A Car Rental reserves the right to report the vehicle as stolen to the authorities. The Renter and AAD(s) agree to release A&A Car Rental from any liability associated with such a report, and to indemnify, defend, and hold A&A Car Rental harmless against any claims resulting from it. The Renter remains responsible for all charges, costs, taxes, fees, and obligations specified in Paragraph 3. Any use of the vehicle that violates this provision may, to the extent allowed by law, nullify Personal Effects Coverage (PEC), Extended Protection (EP), and Supplemental Liability Protection (SLP).
  3. Roadside Assistance. For roadside assistance in the U.S. and Canada, call 1-8013582647. You will be connected to a third-party provider who may send personnel to assist you based on your location and circumstances. Charges will apply for any services provided to the Renter.
  4. Accidents. Any damage, loss, or theft of the vehicle must be reported in writing to A&A Car Rental at the office where the vehicle was rented, and no later than the next business day following the incident. The Renter and AAD(s) must promptly provide all related documents, processes, or papers to the rental office. In the case of a claim or legal action, the Renter, AAD(s), and other involved parties must fully cooperate with A&A Car Rental and its representatives, including but not limited to: (i) providing sworn statements and signed testimony as requested, and (ii) responding to requests for statements or other information relevant to the claim or proceeding. The vehicle may be equipped with an Event Data Recorder (EDR) or similar technology to capture data on its use. The Renter consents to A&A Car Rental accessing and using this data, as allowed by law, for claim adjustment or legal purposes.
  5. Damage, Loss, Modification, or Theft of Vehicle, Optional Accessories, and Related Costs. Except where restricted by state law, the Renter is responsible for any damage, loss, modification, or theft of the vehicle or optional accessories during the rental period, regardless of fault or negligence. The Renter must cover the cost of repairing the vehicle or accessories. Repairs must not be made without A&A Car Rental’s permission. If the vehicle is not returned, is stolen and not recovered, or deemed salvage, the Renter will be liable for the fair market value of the vehicle minus any sale proceeds. For these purposes, fair market value is defined as the retail value of the vehicle immediately before the event in question.

If Optional Accessories are not returned, the Renter will be charged for the replacement cost of the accessories. The Renter is responsible for all towing, storage, or impound fees, as well as any additional costs incurred by A&A Car Rental to recover the vehicle and assess damages. The Renter also agrees to cover any taxes, fees, and other mandatory charges imposed by state, provincial, county, or other governmental and airport authorities. Additionally, the Renter agrees to compensate A&A Car Rental for loss of use, calculated as follows: 

(i) If A&A Car Rental determines the vehicle is repairable: total labor hours from the repair estimate divided by 4, multiplied by the daily rate (including any Car Class Change) specified on the Summary; 

(ii) If the vehicle is not returned, is stolen and not recovered, or deemed salvage by A&A Car Rental: 15 days at the daily rate listed on the Summary. The Renter also agrees to pay: 

(a) An administrative fee of $50.00 if the repair estimate is under $500.00, $100.00 if between $500.00 and $1,500.00, or $150.00 if greater than $1,500.00; 

(b) A sum for the diminishment of value if the vehicle is repairable, calculated as 10% of the repair estimate if damages exceed $499.99.

If the vehicle is returned outside of business hours or to a location other than the Branch Address on the Summary, any damage, loss, or theft of the vehicle or Optional Accessories that occurs before an A&A Car Rental employee checks in and inspects the vehicle is the Renter’s responsibility. See Paragraph 17 for details on Optional DW.

  1. Liability and Financial Responsibility
    A&A Car Rental is not responsible for any claims made by passengers while in, on, or entering or exiting the Vehicle. Our financial responsibility does not extend to liabilities imposed or assumed under any worker’s compensation act, plan, or contract. Additionally, A&A Car Rental’s financial responsibility does not cover or extend to: 1. Punitive or exemplary damages (including those imposed to punish or deter wrongdoing); 2. Fines; 3. Penalties; 4. Treble damages; or 5. Multiple damages imposed on any authorized operator. This exclusion of punitive damages also applies to any claims for uninsured or underinsured motorist coverages. There is no coverage for costs, interest, or damages attributable to punitive or exemplary damages. See Paragraph 18 for information on SLP (Supplemental Liability Protection).
  2. Indemnification by Renter
    The Renter agrees to defend, indemnify, and hold A&A Car Rental and its affiliates harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses arising from this rental transaction or the use of the Vehicle or Optional Accessories by any person, including claims by third parties. While the Renter may file a claim with their insurance carrier for such events or losses, they remain ultimately responsible to A&A Car Rental and its affiliates for all such losses. This responsibility may be limited if the Renter purchases optional DW (Damage Waiver), EP (Extended Protection), and/or SLP (Supplemental Liability Protection) to the extent that these options apply. See Paragraphs 17 and 18 for more details on optional DW, SLP, and EP.
  3. Personal Injury Protection and Uninsured/Underinsured Motorist Protection
    Except as required by law, A&A Car Rental and its affiliates do not provide Personal Injury Protection (PIP), No-Fault Benefits, Medical Payment Coverage, or Uninsured/Underinsured Motorist Protection (UM/UIM) through the rental contract. If required by law, A&A Car Rental or its affiliates will provide PIP and/or UM/UIM at the minimum limits with the maximum deductible, and the Renter expressly waives any PIP and/or UM/UIM limits exceeding the minimum required by law. The Renter, AAD(s), and all other parties seeking benefits under this rental contract agree that any misrepresentation, false, or misleading information provided to A&A Car Rental or its representatives, and/or refusal to cooperate (including, but not limited to, failure to provide statements or an examination under oath) during any claim, suit, or proceeding may result in the denial of such claims. The Renter is responsible for assisting A&A Car Rental in obtaining any necessary cooperation from an AAD.
  4. Personal Property
    A&A Car Rental is not liable for any damage, loss, or theft of personal property or data contained in the Vehicle, whether such damage or theft occurs during or after the rental period, regardless of fault or negligence. The Renter acknowledges and agrees that no bailment, whether actual, constructive, or otherwise, is created for any personal property carried in or left in the Vehicle or on A&A Car Rental’s premises. A&A Car Rental is not liable for, and the Renter agrees to defend, indemnify, and hold A&A Car Rental and its affiliates harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred. A&A Car Rental is not responsible for any personal property, including data or records, left in the Vehicle or any Optional Accessories by the Renter or the Renter’s passengers. This includes any personal property downloaded or transferred to the Vehicle. The Renter releases A&A Car Rental from any claims or causes of action arising from a previous renter’s or passenger’s failure to remove their personal belongings. The Renter acknowledges that no bailment, whether actual or constructive, is created for any personal property left in the Vehicle or on A&A Car Rental’s premises. For information on Optional Personal Effects Coverage (PEC), see Paragraph 19.
  5. Use in Mexico
    The Vehicle may not be taken into Mexico without prior written consent from A&A Car Rental. Even with such consent, Damage Waiver (DW), Personal Effects Coverage (PEC), and Supplemental Liability Protection (SLP) will not cover accidents or incidents that occur in Mexico. The Renter must secure insurance valid in Mexico, as specified and approved by A&A Car Rental, before taking the Vehicle into the country.
  6. Third Party Payments
    If a third party, such as an insurance company, authorizes payment for any amount owed by the Renter under the Contract, the Renter assigns their right to receive such payment to A&A Car Rental. Payments made by third parties will only reduce the amount the Renter owes under the Contract. However, if a third party agrees to pay A&A Car Rental a flat fee for the rental, this fee may be higher or lower than the daily charges specified in the Contract or the per diem benefits under the applicable insurance policy. Any payments made by third parties will not cover vehicle upgrades, optional products (beyond those provided by the third party), or rental days exceeding those specified by the third party. The Renter remains responsible for any charges not covered by third parties, including vehicle upgrades, optional products, extra rental days, and other charges.
  7. Power of Attorney
    The Renter grants A&A Car Rental a Limited Power of Attorney to: a. Present insurance claims to the Renter’s insurance carrier or credit card company if: i. The Vehicle is damaged, lost, or stolen during the Rental Period, and the Renter does not pay for the damages; or ii. Liability claims arise against A&A Car Rental in connection with this rental transaction, and the Renter fails to defend, indemnify, and hold A&A Car Rental harmless from such claims; b. Endorse the Renter’s name to allow A&A Car Rental to receive insurance, credit card, or debit card payments directly for any claims, damages, liabilities, or rental charges.
  8. Severability
    If any provision of the Contract is found to be unlawful, against public policy, void, or unenforceable, all other provisions will remain in full force and effect.
  9. Limitation of Remedy/No Consequential Damages
    In the event that A&A Car Rental breaches any obligations under the Contract or if the Vehicle or any Optional Accessory experiences a mechanical or other failure not caused by the Renter or Additional Authorized Drivers (AADs), and if A&A Car Rental is found liable under applicable law, A&A Car Rental’s sole liability and the Renter’s and AADs’ sole remedy are limited to providing a substitute Vehicle and/or Optional Accessory, and recovering the pro-rata daily rental rate for the period when the Vehicle or substitute Vehicle was not in use. The Renter and AADs waive all claims for consequential, punitive, and incidental damages. Such damages are excluded and not available. The Renter also acknowledges that personal data or information downloaded or transferred to the Vehicle may not be secure and might be accessible after the Rental Period. The Renter releases A&A Car Rental from any liability arising from such data or information being accessed or used by a third party.
  10. Optional Damage Waiver
    Damage Waiver (DW) is not insurance. Purchasing DW is optional and not required to rent a Vehicle from A&A Car Rental.

The Renter may choose to purchase Damage Waiver (DW) for an additional fee. If DW is purchased, A&A Car Rental agrees, subject to the actions that invalidate DW listed below, to waive the Renter’s responsibility for all or part of the costs related to damage, loss, or theft of the Vehicle or any part or accessory, regardless of fault or negligence. The waiver is limited to the amount specified on the Summary, where applicable. DW does not cover lost or damaged keys, key fobs, transponders, Electric Vehicle charging cables, Optional Accessories, or liability imposed by law. DW does not apply to damage occurring in Mexico. Before deciding whether to purchase DW, the Renter may want to check with their insurance representative or credit card company to determine if they have coverage for such damage or theft and the amount of their deductible or out-of-pocket risk.

DW will be invalidated if: a. The Vehicle is damaged when used or driven: 

(1) by anyone other than the Renter or AADs without prior written consent from A&A Car Rental;

(2) by anyone if there is reasonable evidence the driver was impaired by alcohol, drugs, or intoxicants, whether prescribed or not;

(3) by anyone committing a felony or engaging in a criminal act; 

(4) in a race or speed contest; 

(5) to tow or push anything;

(6) with a driver’s license that is suspended, revoked, invalid, or not issued to the driver; 

(7) to transport persons or property for hire; 

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

(9) except in an emergency, on anything other than a paved public highway or suitable graded private or public road or driveway, or over bridges posted for a maximum weight of three (3) tons or less; 

(10) to transport explosives, chemicals, corrosives, or other hazardous materials or pollutants; b. The Renter misrepresents facts to A&A Car Rental regarding the rental, use, or operation of the Vehicle, either before or after any loss or damage; c. The Vehicle’s interior components are stolen or damaged when the Vehicle is unlocked or keys are not secured; d. The Renter fails to provide A&A Car Rental, police, or other authorities with a full report of any accident or vandalism involving the Vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism; e. The Vehicle is stolen and the Renter fails to: 

(1) return the original ignition keys and A&A Car Rental’s key tag identifying the Vehicle; 

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

(3) cooperate fully with A&A Car Rental, police, and other authorities in the investigation of the theft; 

(4) ensure that the Vehicle’s ignition was turned off at the time of the theft.

  1. Optional Supplemental Liability Protection and Extended Protection

Purchasing Supplemental Liability Protection (SLP) is optional and not required to rent a Vehicle from A&A Car Rental.

This is a summary only and is subject to all provisions, limitations, exceptions, and exclusions of the SLP policy. A copy of the policy is available upon request. SLP may duplicate coverage already provided by a personal insurance policy or another source. Employees, agents, or representatives of A&A Car Rental are not qualified to assess the adequacy of the Renter’s existing coverage.

SLP Benefits:

Optional Supplemental Liability Protection (SLP) provides Renter with minimum financial responsibility limits (at no additional charge) as required by the motor vehicle financial responsibility laws of the state where the Vehicle is operated. Additionally, it offers excess insurance coverage (the SLP fee shown on the Summary is for the excess insurance only), which provides Renter and AADs with third-party liability protection with a combined single limit per accident up to the difference between the minimum financial responsibility limits and $300,000 Combined Single Limit per accident. SLP covers third-party accident claims resulting in bodily injury, including death, and property damage arising from the use or operation of the Vehicle as permitted in the Contract. Note that SLP does not cover any loss arising from the use or operation of the Vehicle in Mexico. SLP is available for an additional charge as specified on the Summary.

SLP Exclusions:

For all exclusions, refer to the SLP policy. Key exclusions include: 

(a) Losses from accidents occurring while Renter or AAD(s) are under the influence of alcohol, drugs, or other substances not prescribed by a physician. 

(b) Losses involving bodily injury, death, or property damage sustained by the Renter, AAD(s), or any relative or family member of the Renter or AAD(s) residing in the same household. 

(c) Losses arising from the operation of the Vehicle by anyone other than the Renter or AAD(s). 

(d) Liability covered under any uninsured or underinsured motorist law in any state. 

(e) Liability under any first-party benefit law, medical payments, no-fault, or similar laws. 

(f) Bodily injury or death to an employee or their family members arising from employment by the Renter or AAD(s). 

(g) Property damage to property transported or in the care, custody, or control of the Renter or AAD(s). 

(h) Damage to the Vehicle itself. 

(i) Liability arising from the use of the Vehicle based on false, misleading, or fraudulent information. 

(j) Losses from the use of the Vehicle in violation of the Contract’s terms and conditions. 

(k) Bodily injury or property damage expected or intended by the Renter or AAD(s).

Optional Personal Effects Coverage (PEC)

The purchase of Personal Effects Coverage (PEC) is optional and not required to rent a vehicle.

This is a summary only and is subject to all provisions, limitations, and exceptions of the PEC policy. A copy of the policy is available upon request. PEC may duplicate coverage provided by a personal insurance policy, homeowner’s, condominium, tenant’s policy, employer’s or credit card insurance, or other sources. Benefits from PEC are provided in addition to any other coverage you may have. Employees, agents, or endorsers of A&A Car Rental are not qualified to evaluate the adequacy of Renter’s insurance.

PEC Benefits:

  • Covers personal effects of Renter and individuals traveling with Renter.
  • Provides coverage for risks of loss or damage while in transit, in a building (other than your personal residence), or locked in the Vehicle.
  • Coverage limit: $1,750 per person; up to $8,750 maximum for all covered individuals during the Rental Period.
  • PEC is available for an additional charge as specified on the Summary.

PEC Exclusions:

  • Does not cover automobiles, automobile equipment, motorcycles, watercraft, motors, or other conveyances and their accessories.
  • Excludes furniture, currency, coins, deeds, bullion, stamps, tickets, securities, documents, contact lenses, artificial teeth and limbs, perishables, and animals.
  • Loss or damage to property being worked on or in the care, custody, or control of any common carrier is not covered.
  • Loss by mysterious disappearance is not covered.
  • Theft losses must be reported to the appropriate law enforcement authorities to be covered.
  1. Roadside Assistance Protection (RAP)

The purchase of Roadside Assistance Protection (RAP) is optional and not required to rent a vehicle.

When deciding whether to purchase RAP, you may want to check if you have other coverage for these services. RAP is not insurance and is available for an additional fee. If you choose to purchase RAP, A&A Car Rental agrees to cover the following services at no additional cost to you:

  • Lost and damaged key replacement (including remote entry devices) except for rentals originating in CA, KS, MO, NY, or NV.
  • Flat tire replacement (if no spare is available, the vehicle will be towed, but the cost of the replacement tire is not waived).
  • Lockout service (if keys are locked inside the vehicle).
  • Vehicle jumpstart.
  • Fuel delivery of up to 3 gallons (or equivalent liters) if the vehicle runs out of fuel.
  • Tow to the nearest charging source for Battery Electric Vehicles if the battery is depleted.

RAP does not cover charges incurred in Mexico.

  1. Personal Information and Telematics Data
  2. Customer Privacy:

Renter agrees to the collection, use, disclosure, and storage of personal information by A&A Car Rental for the following purposes:

  • Assisting with reservations, rentals, purchases, and leases.
  • Providing roadside assistance and other services.
  • Sending information on car sales, ride-sharing, and fleet services.
  • Offering discounts, coupons, and other relevant information via mail, email, and other electronic communications.
  • Gathering feedback on satisfaction with services.
  • Analyzing usage of A&A Car Rental’s sites, products, and services.
  • Improving systems and sites.
  • As outlined in A&A Car Rental’s Privacy Policy, available at Privacy Policy.
  1. Telematics Data:

Renter acknowledges that the vehicle may be equipped with Telematics Devices, including event data recorders, GPS, OnStar®, or similar technology. Renter consents to:

  • Collection of Telematics Data by A&A Car Rental, vehicle manufacturers, and authorized third parties, which may include vehicle location, collision data, and operational conditions.
  • Use of this data to generate information for vehicle performance, provide roadside assistance, locate the vehicle if lost or stolen, and comply with legal requirements.

Data may be used and stored by A&A Car Rental after the contract ends. Further details on Telematics Data treatment are available in A&A Car Rental’s Privacy Policy at Privacy Policy.

  1. Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps
  1. Personal Data on Navigation and Infotainment Systems:
    1. If Renter, any Additional Authorized Drivers (AADs), or passengers pair a mobile device with the Vehicle’s navigation or infotainment systems and use services like OnStar, Apple CarPlay, Android Auto, or similar third-party software, or utilize navigational features on the Vehicle’s Infotainment systems or other devices (including Optional Accessories), personal information and other data may be transferred or stored on these systems.
    2. A&A Car Rental cannot guarantee the privacy or confidentiality of this information. It is the Renter’s responsibility to delete all personal information and data from these systems before returning the Vehicle to prevent future occupants from accessing this information.
  2. Mobile Applications and Telematics Data:
    1. If Renter downloads a mobile application provided by the Vehicle manufacturer or a third party and registers the Vehicle in that application, the use of the application may result in the sharing of Telematics Data and other information, including location and personal data, with the Vehicle manufacturer or other third parties.
    2. The use of these applications is governed by their respective terms and conditions and privacy policies. A&A Car Rental is not responsible for, and Renter releases A&A Car Rental from any claims arising from the use of these applications.
    3. Before returning the Vehicle, Renter should either remove the application or delete the Vehicle from the application to ensure no residual data remains.
  1. Headings. The headings of the numbered paragraphs in this Contract are for convenience only and do not form part of the Contract. They do not limit, modify, or amplify the terms and conditions of the Contract.
  2. Text & Call. By signing the Summary, Renter consents to the Text & Call Terms and Conditions, permitting Owner or Owner’s representative to contact Renter at the phone number(s) provided in connection with the Contract. This contact may include informational or transactional outreach, such as customer surveys, via live, prerecorded, or autodialed calls or texts. Renter’s consent to these communications is not a condition of any purchase or rental agreement. For details on Owner’s privacy practices, see Owner’s privacy policy or contact Owner as detailed in paragraph 21.a.
  3. Choice of Law. The terms and conditions of the Contract will be interpreted, construed, and enforced according to the laws of the State where the Contract is executed by Renter, without regard to the state’s conflict of laws principles.
  4. Dispute Resolution Provision – Mandatory Arbitration Agreement:
  1. Waiver of Jury Trial and Class Actions: Both Renter and Owner waive their rights to a jury trial and to participate in any class action. They agree to resolve any and all claims, controversies, or disputes arising out of or related to the Contract through arbitration, including but not limited to claims related to Owner’s products and services, communications with Renter, charges, advertising, or rental vehicles.
  2. Scope of Arbitration: For the purposes of this provision, “Renter” includes any Authorized Driver, Renter’s agents, beneficiaries, assigns, or anyone acting on their behalf. “Owner” includes its employees, agents, affiliates, parents, subsidiaries, beneficiaries, assigns, and vendors, including service providers and marketing partners. The provision covers all claims based on contract, tort, statute, or other legal theories and applies to claims arising before or after the Rental Period.
  3. Exclusions: Claims may be brought in small claims court with valid jurisdiction, provided the action remains in that court and is not part of a class action or other representative or collective action.
  4. Class-Wide or Collective Arbitration: The arbitration forum will not have jurisdiction to decide claims on a class-wide, collective, or consolidated basis, and no rules or procedures for class-wide or collective arbitration will apply.

 

  1. Dispute Resolution Provision – Mandatory Arbitration Agreement:
  1. Third-Party Insurance Claims: Renter and Owner agree that any claims against or by a third-party insurance company providing coverage to Renter or any Authorized Additional Driver (AAD) or related to Owner’s financial responsibility concerning the Vehicle may be brought in a court with valid jurisdiction.

(1) Procedure:

  1. Renter or Owner must send a written Notice of Dispute (“Notice”) to the other party, describing (a) the nature and basis of the claim; and (b) the relief sought.
  2. The Notice to Owner should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604 (“Notice Address”).
  3. If the claim is not resolved within thirty (30) days after receipt of the Notice, either party may commence arbitration by filing a demand with the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
  4. The arbitration will be conducted by a single arbitrator selected according to AAA’s Commercial Arbitration Rules, and hearings, if any, will be conducted by teleconference or videoconference unless an in-person hearing is deemed appropriate by the arbitrator. If an in-person hearing is needed, it will be held at a location convenient to both parties. If Renter and Owner cannot agree on a location, it will be determined by the AAA or the arbitrator.
  5. AAA’s rules are available at www.adr.org. Disclosure of the existence, content, or results of any dispute or arbitration is prohibited without written consent from both parties.
  1. (2) Arbitrator’s Authority:
    1. The arbitrator is bound by the Contract, the Federal Arbitration Act (“FAA”), and AAA’s Consumer Arbitration Rules.
    2. The arbitrator cannot join or consolidate claims or adjudicate joined and consolidated claims.
    3. The arbitrator has exclusive authority to resolve disputes about the scope, interpretation, applicability, enforceability, or formation of the Contract, including whether it is void.
    4. The arbitrator’s decision and award are final and binding and can be confirmed or challenged in a 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 claimant.
  2. (3) Arbitration Costs:
    1. Renter is responsible for their share of arbitration fees up to the amount of filing fees that would be incurred if the claims were filed in court.
    2. Owner will cover additional arbitration fees. Renter is responsible for other costs incurred, such as attorney fees and expert witnesses, but will not be required to reimburse Owner unless the arbitrator finds Renter’s claims or relief sought to be frivolous. If so, AAA Rules will govern fee payments, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs required by law.

 

  1. (4) Governing Law and Enforcement:
    1. This Dispute Resolution Provision is governed by the FAA, 9 U.S.C. §§ 1-16, and was drafted to comply with laws across all states. If any part is deemed invalid or unenforceable, the remainder of this provision remains effective. If the class-arbitration waiver is found unenforceable, class action claims must be pursued in a court of competent jurisdiction.

Owner’s Contact Information: