Terms and Conditions
Hawaiian Discount Car Rentals, LLC makes car rentals possible through Budget Avis, Dollar and Thrifty corporations.
1. GENERAL: These Master Agreement Terms and Conditions signed by the Enrollee (“Enrollment Form”), constitute the Budget Master Rental Agreement between the Enrollee and Budget (“Agreement”) for the rental of cars (as defined in paragraph 4. below) from locations of Budget Rent A Car System, Inc., its subsidiaries and participating independent licensees of Budget Rent A Car System, Inc. (collectively referred to as “Budget”). I, me, my and for certain notices, renter refer to the person who signs this Agreement, you and your refer to Budget. I represent that all information on the signed Enrollment Form is true and complete. If it is not, Budget reserves the right to terminate this Agreement immediately without notice to me. I must keep the Enrollment Form's information current by notifying Budget of any changes to such information including, but not limited to, my mailing address, driver's license and charge card. I may change my selections of optional services by providing a new-signed Enrollment Form to you within a reasonable time in advance of the Rental, at which time the new-signed Enrollment Form will become part of this Agreement. To otherwise change any choice for a particular option for a rental, I must enter into a standard rental transaction at the rental counter at the start of that rental unless otherwise permitted by law. I ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE DISCLOSURE NOTICES, WARNING NOTICES, EXCLUSIONS AND LIMITATIONS RELATED TO AND EFFECTIVE IN EACH STATE, COUNTRY OR PROVINCE IN WHICH A VEHICLE IS RENTED AND TO THE EXTENT ALLOWEDBY LAW IN THE STATE, COUNTRY OR PROVINCE CONCERNED WAIVE ANY RIGHT WHICH MAY HAVE TO SEPARATELY RECEIVE OR SIGN SUCH DISCLOSURES, WARNINGS, EXCLUSIONS AND LIMITATIONS AT THE TIME OF THE RENTAL. I acknowledge and agree that the laws of the state, country or province in which a Rental commences will govern that Rental, and I submit to the exclusive jurisdiction of the courts in that state, country or province with respect to that rental. If any Term or Condition contained in this Agreement is prohibited by the law in a jurisdiction covering a Rental, that Term or Condition is ineffective only to the extent of the prohibition. I AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE CHANGED FROM TIME TO TIME BY YOU AND THAT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME A RENTAL COMMENCES WILL GOVERN THAT RENTAL. Changes to the Terms and Conditions will be posted as they occur on the budget.com website under the section labeled " Programs, Rental Agreement."
2. RESERVATIONS: I understand that: I must make an advance reservation for each Hawaii Car Rental; that you may prescribe a minimum advance time for making a reservation; and I must provide the pick-up and return dates and locations for the Rental, and you will provide me with the estimated time and mileage (or kilometer) rates for the Rental. I consent to the reservation of credit by you in order to authorize the Rental, with the issuer of any of the credit cards on the my Enrollment Form. Solely upon my request, you will provide me with the applicable charges in effect at time of Rental for optional services selected by me on my Enrollment Form.
3. RENTAL: At the time of each Rental, I will obtain the car in one of two ways. Depending on the location, I will either select a car or, will obtain the pre-assigned car, from the designated area at the location. I will drive the selected or pre-assigned car to the exit booth, where I will show the hang tag attached to the car's rearview mirror that contains the Rental document, my valid driver's license and my credentials to your gate attendant. I understand that in some states, a signature comparison with my driver's license may be required before I am allowed to leave the location. Certain of your locations in Canada and other countries, and countries, may require me to sign a local rental agreement, which terms are controlling over this Agreement for Rentals commencing in that country. At the end of the Rental, I will return the car to the return location specified in the Rental document created at the start of the Rental. I will be responsible for all applicable time and mileage (kilometer) rates, charges, optional services selected on Enrollment Form, miscellaneous services, sales, use and excise taxes, including tax related surcharges for the recovery of vehicle license fees, concession recovery fees, consolidated facility charges (in California $10/contract), Fuel Service or gas option charges, Frequent Flyer surcharges, electronic bridge and road tolls in Canada and any and all applicable surcharges in effect at time and place of the Rental.
4. MEANING OF CAR: The word "car" in this Agreement means the rented vehicle or its replacement and includes its tires, glass, tools, equipment, accessories, plates and documents.
5. PROHIBITED USE OF THE CAR/USE RESTRICTIONS:
I will not use or permit the car to be used:
1) to carry passengers or property for hire;
2) to tow or push anything;
3 ) to be operated in a test, race or contest or on unpaved roads;
4) while the driver is under the influence of alcohol or a controlled substance;
5) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband;
6) recklessly or while overloaded;
7) outside of the United States or Canada, with your permission being required to operate the car outside of the country in which it is rented,
It is also a violation of this provision if I or an additional driver, authorized or not:
8) f ail to promptly report an accident or other reportable incident to the police and you;
9) fail to provide you with an accident or incident report or fail to cooperate fully with the investigation of same;
10) obtained the car through fraud or misrepresentation;
11) 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.;
12) intentionally damage or permit the car to be damaged or drive the car after it is damaged causing further damage.
13) FOR VEHICLES RENTED IN HAWAII, on Forest Reserve Road/Waikolu Lookout, Island of Molokai or on Saddle Road/Route 200 or Waipio Valley Road, Island of Hawaii (except for government with official duty orders requiring travel on Saddle Road/Route 200);
14) FOR RENTALS IN CANADA: by any person whose driving ability is impaired, including by medical conditions, drowsiness or fatigue or who refuses to perform any test of impairment when lawfully requested to do so as evidence of such impairment.
I also understand that neither I nor any additional driver, authorized or not, is permitted to alter the car or have the car repaired without your express permission in advance and I will pay for removing any such unauthorized alterations or for any such unauthorized repairs.
I UNDERSTAND THAT A VIOLATION OF THESE PROVISION S AUTOMATICALLY TERMINATES MY RENTAL, VOIDS ALL LIABILITY PROTECTION PROVIDED BY YOU AND ANY OPTIONAL SERVICES THAT I HAVE SELECTED AND ACCEPTED, AND MAKES ME LIABLE TO YOU FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY ANDSTORAGE COSTS, AND ALL RELATED LEGAL EXPENSES. YOU MAY ALSO TERMINATE MY MEMBERSHIP IN FAST BREAK AND MY RENTAL PRIVILEGES.
6. LOSS OR DAMAGE TO THE CAR:
(a.) LOSS DAMAGE WAIVER(LDW): YOU OFFER OPTIONAL LDW FOR AN ADDITIONAL DAILY CHARGE. LDW IS NOT INSURANCE AND NOT MANDATORY, BUT IF I ACCEPT LDW FOR AN ADDITIONAL DAILY FEEAND THE CAR IS OPERATED IN ACCORDANCE WITH THIS AGREEMENT, YOU ASSUME ALL LOSS OR DAMAGE TO THE CAR EXCEPT FOR MY AMOUNT OF "RESPONSIBILITY", IF ANY IS SPECIFIED ON THE RENTAL DOCUMENT FOR A RENTAL.
I PURCHASE LDW FOR EACH RENTAL BY INITIALING ACCEPTANCE OF LDW ON THE ENROLLMENT FORM. If I accept LDW then for each Rental I'll pay the rate for LDW in effect at the time and place where each Rental begins as stated on the Rental document for a full day even if I don't have the car for the entire day. The total LDW fee for each Rental is the applicable rate per day multiplied by the number of days of my Rental. The rate may vary by location and by class of car rented. The specific rate for LDW for each Rental will be available to me upon my request at the time of reservation. LDW may also be described in any applicable CorpRate agreement, Corporate Account agreement or other applicable rate agreement. If the law of a jurisdiction covering a Rental requires conditions on LDW that are different from the terms of this Agreement that law prevails. I UNDERSTAND THAT I SHOULD CONSULT WITH MY INSURANCE CARRIER AND/OR MY CREDIT CARD ISSUER TO DETERMINE IF LDW IS DUPLICATIVE OF COVERAGE THAT I MAY ALREADY HAVE.
(b.) Except as described below, if I do not accept LDW , I will owe for all loss or damage to the car regardless of fault (unless my liability for ordinary negligence is prohibited by law) whether due to theft, collision, vandalism, or any other cause except accidental fire or explosion. If the car is stolen or damaged, I'll pay its retail fair market value before theft or damage less salvage, unless your repair cost plus the diminution of the car's value after repairs is less and you are not required by law to salvage the car, in which case I'll pay the latter amount. I'll also pay loss of use based on reasonable downtime or as specified by law, plus a reasonable administrative fee determined by you or specified by law (except for theft if the car is not recovered), plus towing and storage charges, all of which are also part of the “loss”. Whether or not I accept LDW , I'm responsible for the loss if I or an additional driver, authorized or not , violate paragraph 2 above. If my own insurance or my charge card issuer covers my responsibility for loss or damage, as applicable, I will identify my insurer and policy number or my card issuer and its insurer. I authorize you to collect any loss directly from the insurer. I authorize you to collect any loss from a third party responsible for the damage. You will refund any sum you collect exceeding the loss.
STATE AND CANADA NOTICES
By signing the Enrollment Form, I acknowledge reading all of the LDW notices and other notices contained in this Agreement, and I waive the right or obligation to read such notices at time of Rental.
LDW NOTICE FOR VEHICLES RENTED IN THE U.S.: IF I HAVE PERSONAL AUTOMOBILE COLLISION INSURANCE, IT MAY COVER ALL OR PART OF MY RESPONSIBILITY. IF I HAVE COMPREHENSIVE COVERAGE, IT MAY COVER THEFT AND VANDALISM. IF I HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR VALID AND COLLECTIBLE COLLISION AND COMPREHENSIVE INSURANCE ON MY OWN VEHICLE, WHICH APPLIES TO RENTAL VEHICLES, BEFORE DECIDING WHETHER TO PURCHASE LDW, I AM HEREBY ADVISED BY YOU THAT I SHOULD CHECK WITH MY INSURANCE AGENT OR INSURANCE COMPANY OR EXAMINE MY CREDIT CARD TERMS, FOR THE CARD I USE TO RENT AND ANY PERSONAL AUTO POLICY FOR THE EXTENT OF COVERAGE AND THE DEDUCTIBLE, IF ANY. IF SUCH INSURANCE COVERAGE EXISTS, YOU WILL FIRST SUBMIT CLAIMS FOR APPLICABLE LOSS OR DAMAGE TO MY INSURANCE COMPANY. THE PURCHASE OF LOSS DAMAGE WAIVER IS OPTIONAL, NOT MANDATORY AND MAY BE DECLINED. LDW NOTICE FOR VEHICLES RENTED IN ILLINOIS, KANSAS, MARYLAND, MISSOURI AND NEW YORK: COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE - OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE AND CAR RENTAL INSURANCE PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.
STOP. PLEASE READ BEFORE SIGNING A CAR RENTAL AGREEMENT
The car rental company is asking you to pay an additional charge for a Collision (or Loss) Damage Waiver.
1. This waiver will only cover your liability for some or all damage to the rental car itself.
2. Personal Injuries or other losses are not covered.
BEFORE YOU AGREE TO PAY FOR A COLLISION DAMAGE WAIVER, YOU SHOULD KNOW THAT:
1. You probably do not need a Collision Damage Waiver.
(a.) IF YOU RESIDE IN MARYLAND AND HAVE AN AUTOMOBILE INSURANCE POLICY WITH COLLISION COVERAGE, YOUR COLLISION COVERAGE IS REQUIRED BY LAW TO ALSO COVER PASSENGER CARS YOU RENT FOR 30 DAYS OR LESS. Your own policy, for both Maryland residents and non-residents, may provide greater coverage for longer periods; or
(b.) If you rent the car with a credit card, your credit card may provide coverage for damage to rental cars.
2. Even if you buy a Collision Damage Waiver, you may still be held responsible for some or all damage to a rental car. A Collision Damage Waiver may not cover all types of damage to a rental car, and has important conditions, restrictions and exclusions, which, if violated, may void the waiver.
3. You do not have to purchase a Collision Damage Waiver. You can decline it.
SUMMARY OF TERMS AND CONDITIONS OF THE COLLISION OR LOSS DAMAGE WAIVER BEING OFFERED TO YOU:
1. Cost: The cost of the Collision Damage Waiver is the applicable charge per day in effect at time of rental in addition to the rental charge itself.
2. Types of damage for which you are legally responsible if you purchase the Collision Damage Waiver: This car rental agreement generally requires you to accept responsibility for all damage to or loss of the rental car, whether or not you are at fault. If you purchase the Collision Damage Waiver, and comply fully with this Agreement, your responsibility is limited to the types of damage listed below:
(a.) Collision or Accident where you are at fault;
(b.) Collision or Accident where you are not at fault;
(c.) Theft;
(d.) Vandalism;
(e.) Fire;
(f.) Acts of Nature; or
(g.) Other.
No items above are marked because if you purchase LDW and there are no violations of any use restrictions (described in Paragraph 2, above) the waiver of your responsibility for the vehicle is not limited.
3. Conditions, Restrictions and Exclusions that will void the Collision Damage Waiver: Even if you purchase the Collision Damage Waiver, it will be voided and you will be responsible for the full value of any damage to the rental car if any of the following happens: violation of any of the use restrictions (described in Paragraph 2 above.)
LOSS DAMAGE WAIVER:
3. Even if you purchase LOSS DAMAGE WAIVER, you and Authorized Drivers will be held responsible for all damages to the rental vehicle if you use or operate the vehicle:
(a.) if you allow anyone other than the drivers authorized by this Agreement to drive the vehicle;
(b.) if you damage the vehicle intentionally or in a willful wanton or reckless manner;
(c.) while under the influence of drugs, or are legally intoxicated, or other substances that would impair driving ability;
(d.) for any illegal purpose such as transporting drugs, explosives or contraband;
(e.) it is obtained by fraud or misrepresentation;
(f.) if you fail to immediately report to the Police and Budget any accident, theft, vandalism or other damage to the vehicle;
(g.) off-paved roads;
(h.) to carry people or property for hire;
(i.) to tow or push anything;
(j.) in any race, test or contest;
(k.) to teach driving;
(l.) to carry passengers outside the passenger compartment or when loaded beyond its rated capacity; or
(m.) beyond the geographical area authorized in this Agreement.
Subject to applicable no-fault law, YOUR LIABILITY
PROTECTION DOES NOT APPLY TO bodily injury (includingdeath) or property damage to me or any other Authorized Driver or the Authorized Driver's family members related by blood, marriage or adoption who reside with meor an Authorized Driver, or any other person who resides with me or an Authorized Driver.
YOUR LIABILITY PROTECTION DOES NOT INCLUDE uninsured or underinsured motorist or motor vehicle or other insurance, that is optional or can be waived or rejected, and specifically waives and rejects all such insurance. TO THE EXTENT APPLICABLE LAW REQUIRES THAT BUDGET PROVIDE LIABILITY PROTECTION OTHER THAN AS DESCRIBED ABOVE, IT WILL NOT EXCEED THE MINIMUM FINANCIAL RESPONSIBILITY LIMITS. “Minimum financial responsibility limits,” as used in this Agreement, refers to the minimum amount of protection that is required to establish financial responsibility under applicable law.
SPECIFIC REJECTION OF PERSONAL INJURY PROTECTION IN MARYLAND: By executing this rental agreement (the Enrollment Form), I specifically agree to waive in writing any personal injury protection coverage that would provide certain medical and disability benefits to me, any Authorized Driver and any injured passenger in the car.
SPECIFIC REJECTION OF UNINSURED MOTORIST PROTECTION FOR CARS RENTED IN PENNSYLVANIA: I am rejecting uninsured motorist coverage under this rental or lease agreement, and any policy of insurance or selfinsurance issued under this Agreement, for me and all other passengers in the car. Uninsured coverage protects me and other passengers in the car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or whose insurance is insufficient to pay for losses and damages.
FOR VEHICLES RENTED IN CONNECTICUT: Uninsured or underinsured motorist claims must be filed within three years of the date of the accident.
(h.) OTHER LIABILITY PROTECTION MAY BE AVAILABLE AT PARTICIPATING FASTBREAK LOCATIONS IF A RENTAL IS SUBJECT TO A BUDGET CORPRATE, GOVERNMENT OR SIMILAR RATE AGREEMENT. Terms of protection are contained in the applicable rate agreement which terms supersede those contained herein.
(i.) SUPPLEMENTAL LIABILITY INSURANCE ("SLI") IF I ELECT TO PURCHASE THE OPTIONAL SLI BY INITIALING THE ACCEPTS BOX ON THE ENROLLMENT FORM, where available, I'll pay the applicable daily charge for SLI . In that case, the limits of liability protection shall be $1,000,000 for each person for bodily injury, death, or property damage, but not more than $1,000,000 for each accident, instead of the limits stated in this paragraph 4 above. This additional coverage will be provided to an Authorized Driver, under a separate policy of excess liability insurance more fully described in the available brochure, and is subject to all of the conditions and limitations described in this paragraph 4 as it applies to the state in which a Rental commences, except that notwithstanding anything contained in this Agreement, the terms of the policy will at all times control. I understand that I will be charged the then current rate per day for SLI a full day even if I don't have the car for the entire day. SLI is offered by an independent insurer.
In Canada, SLI coverage is not available.
(j.) PERSONAL ACCIDENT AND EFFECTS INSURANCE (“PAE”) IF I ELECT TO PURCHASE OPTIONAL PAE BY INITIALING THE ACCEPTS BOX ON THE ENROLLMENT FORM , where available, I'll pay for it. I understand I will be charged the then current rate for a full day even if I don't have the car the entire day . PAE is offered by an independent insurer. PAE provides some medical, death and dismemberment benefits for bodily injury that results from an accident, and some protection against loss of or damage to certain personal effects. When purchased PAE PROVIDES THE FOLLOWING MAXIMUM BENEFITS FOR ACCIDENTAL BODILY INJURY :
(i.) I receive the following protection during the entire rental period, both in and out of the car:
(aa.) Accidental Death and Dismemberment up to $100,000 (up to $175,000 in New York and Minnesota); and
(bb.) Medical Expenses up to $3,500.
(ii.) Passengers (including other Authorized Drivers while operating the car) receive the following protection while occupying the Vehicle:
(aa.) Accidental Death and Dismemberment up to $10,000 (up to $17,500 in New York and Minnesota); and
(bb.) Medical Expenses up to $3,500.
PAE DOES NOT PROVIDE ANY BENEFITS FOR INJURIES OR DEATH RESULTING FROM:
(i.) use of the car in violation of a use Restriction in this Agreement;
(ii.) commission of an assault or felony;
(iii.) intentionally self-inflicted injury or suicide;
(iv.) participation in a race, speed or endurance contest;
(v.) disease, illness or bacterial infection;
(vi.) pre-existing conditions;
(vii.) air travel, except as a passenger on a scheduled airline flight;
(viii.) accidents while I am driving or riding in any vehicle being used as a taxi, bus or other public vehicle; or
(ix.) the use of any narcotic or alcohol, except as prescribed by a licensed, qualified physician.
PAE ALSO PROVIDES COVERAGE FOR SOME LOSS OF OR DAMAGE TO CERTAIN PERSONAL PROPERTY owned by and for my personal use , or of my spouse and minor children residing with me while traveling with me. Personal property, while contained in the car, is covered for damages directly caused by:
(i.) accident to the car;
(ii.) theft from the car if it was securely locked, the theft was reported to the appropriate police authority and there exists signs of forced entry into the car; and
(iii.) fire, explosion or lightning.
PAE PROVIDES THE FOLLOWING COVERAGE ON AN ACTUAL CASH VALUE BASIS FOR THE LOSS TO PERSONAL PROPERTY:
(i.) personal property limit per person: $600;
(ii.) personal property limit per Vehicle: $1,800; and
(iii.) deductible per person: $25.
PAE DOES NOT COVER:
(i.) currency, coins, stamps, tickets, deeds and documents;
(ii.) contact lenses, eyeglasses and prosthetic devices;
(iii.) jewelry, furs and fine art;
(iv.) food, liquor, medication, plants, animals and other perishable goods;
(v.) audio visual equipment, televisions, video cameras and camcorders; and
(vi.) cellular phones, CB radios, tape players, radios and other sound reproducing or receiving equipment.
PAE ALSO DOES NOT COVER LOSS OR DAMAGE CAUSED BY, DURING OR ARISING OUT OF:
(i.) use of the car in violation of a use restriction in this Agreement, or loss or damage to personal property resulting from loading or unloading of personal property; or
(ii.) mysterious disappearance.
In Canada, the PAE coverages are different than the coverages described above, and the specific coverages offered at participating locations in Canada prevail. Terms of these coverages are available at rental counters in Canada and upon request.
The fees for SLI and/or PAE, , are those fees in effect at the time and location where each Rental begins. The specific fees for SLI and/or PAE will be available on request at time of reservation.
5. MY INDEMNIFICATION AND WAIVER: I agree to indemnify you for and hold you harmless from any loss, liability and expense that you incur arising out of the use of the car, including reasonable attorney's fees: (a) which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable state or the limits of any liability insurance that you furnish to me, (b) which results from any unauthorized use or prohibited operation of the car. I waive any claim against you for incidental, special or consequential damages in connection with the rental. If the rental takes place at a location operated by a Budget System Licensee and a claim relating to this transaction is made against Budget Rent A Car System, Inc. that alleges unfair, deceptive or unconscionable conduct that renting Budget's licensee agrees to indemnify and hold Budget Rent a Car System, Inc. harmless from and against such claim, including the related costs and expenses
6. FUEL SERVICE CHARGE: If the fuel service option is available, but I do not accept the fuel service option, I'll pay a fuel service charge (as specified on the Rental Document) if I return the car with less fuel than when rented. a) If I did not purchase fuel this charge will be the rate per mile/kilometer as specified on the Rental document multiplied by total miles driven as specified on the Rental Document. b) If I purchased fuel, this charge will be the rate per gallon as specified on the Rental Document multiplied by the number of gallons/liters required to refill the tank (by reading factory installed gauge.) In such case, if you request, I must provide you with a receipt for the purchase of fuel. Otherwise, I will pay the rate per mile/kilometer noted above.
If the fuel service option is available and I accept the option, the cost of such purchase is as specified on the Rental document. By accepting the fuel service option, I will not incur any additional fuel service charge and I will not receive credit for unused fuel at return. Iacknowledge that the fuel service option or fuel service charge is not a retail sale of fuel. .
FOR VEHICLES RENTED IN HAWAII : FUEL CREDITS:
(a.) IF I BUY A FULL TANK OF FUEL AT THE BEGINNING OF THE RENTAL AND RETURN THECAR WITH A FULL TANK OF FUEL, I will receive a credit for the amount charged for the full tank of fuel at the beginning of the Rental.
(b.) IF I BUY A FULL TANK OF FUEL AT THE BEGINNING OF THE RENTAL AND RETURN THE CAR WITH LESS THAN A FULL TANK OF FUEL AND THE CAR IS DRIVEN 100 MILES OR LESS, I receive a credit for the amount charged for the full tank of fuel at the beginning of the Rental and a refueling charge applies as described above.
(c.) IF I RETURN THE CAR WITH MORE FUEL THAN WHEN RECEIVED and the renting location has reasonably accessible refueling facilities, I receive a credit for the excess fuel (based upon fuel-gauge readings). If the renting location does not have reasonably accessible refueling facilities, no credit applies.
7.WHEN AND WHERE I'LL RETURN THE CAR: I'll return the car on the date indicated on the Rental Document. I'll return it sooner on your demand. The car must be returned to the agreed return location as specified on the Rental Document. A rate change or special charges may apply if returned to a different location.
8. REPOSSESSING THE CAR: You can repossess the car anytime it is found illegally parked, being used to violate the law or the terms of this Agreement, or appears to be abandoned. You can also repossess anytime you discover that a misrepresentation was made to obtain the car. You needn't notify me in advance. You are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I'll be responsible to you for claims by others for such loss or damage. If the car is repossessed, I agree to pay the actual and reasonable cost incurred by yiu to repossess the car. I agree that such cost shall be charged to the credit card I used to rent the car.
WARNINGS:
9. LOST OR DAMAGED PERSONAL PROPERTY: You are not responsible for loss of or damage to any personal property in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I'll be responsible to you for claims by others for such loss or damage.
10. RENTAL CHARGES: I will pay for the number of miles/kilometers I drive and period I rent the car at the time and mileage rates indicated on the Rental document and all optional services that I accept on my Enrollment Form. The minimum charge is one day (24 hours) plus mileage/kilometerage, or a fixed fee. Miles/kilmeters are determined by reading the factory-installed odometer. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the Rental begins. I'll pay charges for miscellaneous services that apply to the rental. On tour rate rentals an additional per day charge will apply to certain renters as specified on the Rental document. In some jurisdictions, where permitted, an airport concession recovery fee and/or airport facility fee may be added.. I also agree to pay any and all applicable surcharges, taxes and, tax related surcharges including but not limited to vehicle licensing fees, tax recovery surcharges, frequent flyer surcharges, consolidated facility charges, and customer facility charges.
11. TAXES: I'll pay all sales, use, rental, and excise taxes, including tax-related surcharges, such as for the recovery of vehicle license fees.
12. SPECIAL CHARGES: If I represent I'll return the car to another location, I may have to pay “one-way service fee” as specified on the Rental Document. If I return the car to a location different from agreed return location as specified on the Rental Document, without your written permission, I'll pay an “unauthorized return location fee.” The Minimum for this fee is $45 . I ‘ll pay a higher fee, if by multiplying your normal mileage rate by the distance between renting location and actual return location as specified on the return document/return record a higher fee results. I'll pay a reasonable fee for cleaning the car's interior upon return for excessive stains, dirt or soilage attributable to my use.
13. FINES AND EXPENSES: I'll pay all fines, penalties, court costs and recovery expenses for parking, traffic and other violations, including storage liens and charges, including a reasonable administrative fee with respect to the use of the car while on rental to me and hereby expressly authorized you to provide my name and address to any political subdivision or court for enforcement of such violation.
14. ERROR IN RENTAL CHARGES: The charges shown on the return record are not final and are subject toyour review. I'll pay any undercharges and I'll receive a refund for any overcharges you discover on review. . The charges shown on the return record are not final and are subject toyour review. I'll pay any undercharges and I'll receive a refund for any overcharges you discover on review.
15. COLLECTIONS: All charges, fees and expenses, including payment for loss of or damage to the car, are due at your demand. If I do not pay all charges when due, I agree to pay a late charge of the lesser of either 1 1/2% per month, or the highest rate permittedby law on the past due balance. I will pay any collection costs, including a service charge for any check that is not honored by a financial institution and your reasonable attorney's fees, if I don't pay any amount when due. If the law permits, you may contact me, or my employer at my place of business about payment.
16. CHARGE CARD RESERVE: For each Rental, I consent to you reserving credit with the issuer of one of the two charge cards I provide on my Enrollment Form, up to an amount equal the estimated total charges for each Rental based on the representations I make for my reservation of that Rental. . I understand that you will bill the card issuer according to the order of my selected billing priority as stated on the Enrollment Profile. I consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental.
You may receive card number information from the financial institution that issued my charge card. Should I not want this information sent to you, please advise Budget in writing at 300 Centre Pointe Drive, Virginia Beach, VA, 23462.
If I use a credit or charge card that is issued by a financial institution
outside of the United States and is billed to you in a currency other than U.S. Dollars, the full amount of my charge will be converted to the card account's billing currency unless I submit a written request in advance to have the currency conversion performed by my card issuer. The 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 my card issuer. I understand that my card issuer has a currency conversion process; that I have chosen not to use my card issuer's currency conversion process; and that I will have no recourse against my card issuer with respect to any matter related to the currency conversion or disclosure thereof.
17. MY INDEPENDENT STATUS: I understand that I am not your agent or authorized representative for any purpose.
18. CHANGES TO AGREEMENT: Budget may change the Terms and Conditions of this Agreement as provided in Paragraph 1 above or by written notice to me.
19. TERMINATION: Either I or you may terminate this Agreement upon written notice to the other. Termination by either will not affect the rights and obligations owed to each other for any prior or then-existing Rental. You may also terminate this Agreement if I violate it or terminate or suspend it without notice if I do not use Fastbreak for an extended period of time.
20. BUDGET CANADIAN PRIVACY POLICY BUDGET RENT A CAR OF CANADA LIMITED'S CANADIAN PRIVACY POLICY: We at Budget Rent A Car of Canada Limited (“Budget”) recognise the importance of protecting your personally identifiable information (“PII”) that you provide to us. As of January 1, 2004, the Canadian federal government's Personal Information Protection and Electronic Document Act (PIPEDA), a new privacy law, will apply to Budget's Canadian operations. In addition, the province of Quebec has enacted private sector privacy laws. The Act regulates the collection, use and handling of PII (e.g., personal information about an individual) regardless of how the information exists. This policy explains how Budget protects your privacy and summarises how and why we collect, use and disclose PII that you may provide to us. This policy is applicable to PII that you provide to Budget, in Canada, and which is held in the Budget System's central database located in Canada and the United States (see “About the Budget System” below). This privacy policy does not apply to PII you provide directly to related companies of Budget located outside of Canada, or to PII you provide directly to Budget licensees. If you provide your PII to a Budget licensee location, the licensee's privacy policy will apply. Some of the countries in which the Budget System operates have privacy or data protection laws similar to the law in Canada; other countries in which the Budget System operates in do not. PII does not include the name, title, business address or office telephone number of an employee of an organization, or the name, address, telephone number or similar information of a person that is publicly available (e.g., in a public telephone directory). In this policy, we also explain how you can contact us if you have a question about, or want to make a change to or delete, any PII that Budget may be holding about you.We strongly recommend that you take the time to read this privacy policy and retain it for future reference.
WHAT PII DOES BUDGET COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?
When you make a reservation, rent a car and/or join any of Budget's programs, we need to collect certain information about you in order to provide our services. The information we require is necessary in order to identify you, contact you, provide the requested service and administer your rentals. The service that you use will determine what information we collect from you. This information will include at least some of the following about you:
Name
Your Home and/or Business Address
Phone Number(s) at which we may contact you
Your Date of Birth
Method of Payment (e.g., Credit Card—Account Number and Expiration Date)
Your Driver's License Number and Province/Country of Issuance
When you rent a car, we will also record information that details your rental as recorded in your rental agreement (e.g., where you rented the car, where and when you returned the car, payment arrangements, insurance preferences, gas consumption, mileage and other information related to the vehicle rental). In addition, in order to better serve you, Budget offers customized rental services on a membership basis. If you wish to join and request one of these services, such as Fastbreak, Budget may need more information than is required for providing standard car rental service. Information on what PII is collected and used in connection with these services is available in the brochure and materials describing these services. We may also need certain information from you when you request any of the following services and/or equipment: Special Needs/Optional Equipment, Special Offers/Discounts, Preferences, Partner Member Numbers, use of Budget BCD number, Frequent Traveler numbers and Car Preferences. For example, if you wish to use a discount that Budget provides to members in an association to which you belong, we will collect information about your membership in that association, both to verify your membership and to provide you with the correct discount for our services. The PII we collect about you will be with your express or implied consent, by your request for our services. How we collect PII will depend on how you use our services.We may collect PII directly from you by telephone, fax, e-mail, at the counter, upon your completion of an application or enrolment form or through your use of our web site.We may also collect information about you indirectly though a travel agent, an account program or through one of our partner programs when you deal with us through those means. You may choose not to provide some or all of your PII to us, but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.
HOW IS MY PII USED OR DISCLOSED BY BUDGET? We strive to ensure a stress-free rental experience and are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use and disclose your PII for the following purposes:
GENERAL PURPOSES—WE USE YOUR PII TO:
• provide the services that you request;
• do all things necessary to administer those services;
• research, develop, manage, protect and improve our services;
• unless you opt out, conduct customer satisfaction surveys and to inform you of any improvements or changes that we have made to our services; and
• maintain and develop our service-oriented software and other business systems.
We may disclose your PII to other related and non-related organisations including:
• to your company or organisation if you use our services under a corporate or other commercial account;
• to one of our program partners (e.g., if you are a member of a frequent traveler program and you have asked us to send it details of your rental agreement with us to obtain your benefits from that program);
• to your credit card issuers;
• to credit reporting and fraud checking agencies;
• to debt collection agencies, if you fail to pay monies owed to us;
• to government or private organisations responsible for the processing or handling of traffic or parking related violations;
• to driver licensing authorities, directly or through intermediary organizations, when needed to verify compliance with Budget's safe driver criteria for qualified drivers and/or to verify license information;
• to government, regulatory and law enforcement agencies where the disclosure is required or authorised by law; and
• to insurance companies.
USE OR DISCLOSURE FOR MARKETING PURPOSES: If you have not opted out of receiving marketing materials, we may use and disclose your PII to offer you products and services provided by Budget, or our parent company (Cendant) and Budget System licensees.We may also use (but not disclose) your PII to offer you products and services provided by Budget System program partner organisations.You may choose not to allow us to use or disclose your PII for direct marketing purposes by indicating your preference on the rental agreement or by contacting us as outlined in this Policy (see “WHOM CAN I CONTACT FOR FURTHER INFORMATION?”).
The service providers we have retained to perform services on our behalf, are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
USE TO PROVIDE CUSTOMER SERVICE: When you provide us with your PII, we will enter your information into the centralised Budget System database that is located and maintained in Canada and the United States. Once your information is in the Budget System database, it will not be used for any purpose not set forth in this policy.Your PII will be accessible by Budget System entities, should you request services from Budget System licensee locations, those Budget System licensees. Some of the countries in which the Budget System operates do not have, or have different privacy or data protection laws. The laws of and these countries may apply if you provide PII to Budget System entities and/or licensees in these countries.
HOW DOES BUDGET PROTECT MY PII? We take reasonable steps to protect all of the PII we hold from misuse, loss, unauthorised access and modification or disclosure in violation of this policy. This protection applies in relation to information stored in both electronic and hard copy form. Access to the Budget System database is restricted to authorised personnel and is password protected. PII transmitted through our web site is encrypted.
CAN I ACCESS THE PII THAT BUDGET HAS ABOUT ME? You may access any PII that we have collected about you subject to certain exceptions.We will normally provide access without charge unless you either request access to a large volume of information or we have to access archived records to obtain the information. In these circumstances, we may impose a reasonable fee.We will, however advise you of that fee in advance.You may challenge the reasonableness of the cost. Details of how to contact us are set out below. There may be instances where we may not be able to provide you access to your PII, for certain reasons. Among these are; it has been destroyed or deleted after expiry of applicable retention periods, it contains PII of other persons or it contains commercially sensitive or proprietary information owned by us. If we are unable to provide you access, we will explain why and document that for our records.
TELL US IF WE NEED TO UPDATE YOUR PII OR PREFERENCES: You play an active role in assisting Budget in maintaining the accuracy of your PII for as long as it is used for the purposes set out in this policy.your prompt notification of any changes to your PII will assist us.you can update your preferences and your PII by contacting the Budget Privacy Officer at the contacts set out in this policy. If we don't agree to make the changes, you may challenge our decision.
WHAT YOU CONSENT AND AGREE TO: When you provide us with your PII, you consent and agree to our use and disclosure of your personal information in accordance with this Policy including, in particular to:
• our collection, use and disclosure of that information in order to provide the service you have requested, to administer the rental, to provide customer services, and to operate our business, as described in this Policy;
• if you do not opt out, our use and disclosure of your PII for direct marketing purposes.
YOUR OPTIONS: You may choose not to provide us with some or all of your PII with the understanding that this may prevent us from providing the type of service you request or possibly any service at all.You can optout of use and disclosure of your information for marketing purposes and receipt of direct mailings by contacting Budget through one of the methods below. In addition, you can withdraw prior consent by giving us at least sixty (60) days' prior written notice by any of the methods provided below. Your consent will be withdrawn. However, it is possible that you may receive promotions scheduled prior to our receipt of your withdrawal of consent.
CHANGES TO THIS POLICY
This is our current privacy policy outlining our PII management practices. It replaces any other privacy policy published by us prior to the date below.We may change this policy from time to time. If you have any questions, need to modify or delete your PII or to obtain an up to date copy of our privacy policy, contact us.
Effective date of the Global Rental Agreement is March 1, 2000.
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