This Rental Agreement consists of the terms and conditions listed below, the separate rental agreement signed by the renter and any return document with the final charges (“Agreement”). This return document and includes all its parts, tires, equipment, accessories, keys and Vehicle documents (“Vehicle”). This agreement is between the person signing this agreement (“you”) or (“your”) and Jerry’s Jeep Rental Corp.
You are asked to keep this agreement in the Vehicle at all times as Prof. of your right to be in possession of the Vehicle. Jerry’s Jeep Rental cannot be held responsible for any situations that result from your failure to produce this agreement for examination when requested by legal authority.
You guarantee that the Vehicle will be operated as required by this Agreement. Except for the ordinary wear and tear You must return the Vehicle in the same condition that You received it, to Jerry’s Jeep rental location the return date and time noted, or earlier if requested by Jerry’s Jeep Rental, and pay all fees and charges due under this Agreement, even if you did not specifically authorize the driver of the Vehicle to incur the charges. You agree to defend, indemnify and hold Jerry’s Jeep Rental harmless from and against all loss, liability or damages whatsoever, caused by arising out of the maintenance, use or operation of the Vehicle during the rental. You require no title to the Vehicle and no one other than Jerry’s Jeep Rental may transfer it. You will not repair the Vehicle without the consent of Jerry’s Jeep Rental and you agree that you must have prior approval from Jerry’s Jeep Rental to purchase any part or accessory in order to relieve reimbursement. Further, You agree to stop driving the Vehicle should the dashboard warning lights become illuminated during the rental and You agree to inform Jerry’s Jeep Rental of the problem as soon as possible. You further agree not to tamper with the vehicle’s odometer or speedometer. The Vehicle is in good overall condition with no apparent defect. JERRY’S JEEP RENTAL CORP. MAKES NO EXPRESS IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF THE VEHICLE FOR ANY PARTICULAR PURPOSE. IF NO EVENT SHALL JERRY’S JEEP RENTAL CORP. BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED DIRECTLY OR INDIRECTLY TO ANY BREACH BY JERRY’S JEEP RENTAL CORP. OF THIS AGREEMENT.
B. AUTHORIZED DRIVER’S
The Vehicle must be operated only by an “Authorized Driver” (You). Under this agreement, an Authorized Driver is the person whose signature appears on this agreement as primary renter “Primary Renter” and any additional person who appears at the time of the rental and signs this agreement. An Authorized driver must satisfy the age requirements of Jerry’s Jeep Rental have a valid drivers license and fulfill other rental qualifications and fees. By signing this Rental Agreement, You represent that You are capable and a validly licensed driver, 25 years of age or older (or 21 years of age or older up to 25 years of age, and has paid the under age surcharge).
The primary renter is primarily liable for all charges related to this agreement. If the primary renter directs a Billing for charges to be transmitted to another person, firm or organization, and such party upon being so billed fails to make payment, primary renter shall promptly pay said charges.
C. RENTAL FEES
1. TIME CHARGES ARE BASED ON A 24-HOUR DAY STARTING AT HE
TIME OF THE RENTAL (“RENTAL DAY”). THE MINIMUM CHARGE IS FOR A ONE-DAY RENTAL. The hourly rate is charged for each full or partial hour in excess of the rental day until the hourly charges equal the daily rate. The hourly rate applies only when the vehicle is returned one hour or more after the start of a new a Rental Day.
2. You must refuel the vehicle to the amount that was present when you took possession of Vehicle. A refueling service will apply for all fuel not replaced at the time of return, and will be base don the rate stated on the agreement. There is no credit or refund given for any unused fuel.
3. You will pay the charges for optional items you have selected at the beginning of the rental, such as loss damage waiver (LDW), supplemental liability insurance (SLI) at the daily rate for each full or partial rental day you keep the Vehicle.
4. You will pay for all legal charges including parking and traffic fines, penalties, cost and expenses assessed against of paid by Jerry’s Jeep Rental Corp. Due to your handling fee of $25.00 for each violation processed by Jerry’s Jeep Rental Corp. Jerry’s Jeep Rental Corp. Is authorized to realize to any court or governmental agency information relating to your use of the vehicle.
5. Jerry’s Jeep Rental Corp. Reserves the right to assess damages, including, but not limited to, damages found on the Vehicle returned to Jerry’s Jeep Rental corp. And /or other justifiable charges incurred for violations of this agreement.
6. You will pay all costs and expenses of any kind incurred by Jerry’s Jeep Rental to collect any amounts due under this agreement. This includes, but not limited to, costs and expenses to regain possession of the Vehicle and attorney’s fees, plus actual costs and administrative expenses incurred that are higher than pre-paid voucher value.
D. PAYMENT OF CHARGES
Upon your signing of this agreement, you authorize Jerry’s Jeep Rental to process or submit a charge to your credit card, debit, check or charge card for the estimated charges for this rental.
You agree that all charges are subject to final audit. If errors are discovered you will pay the correct amount due. Jerry’s Jeep Rental Corp. Jerry’s Jeep Rental is authorized to correct the charges with the card issuer. SINCE A CREDIT CARD IS USED TO PAY FOR CHARGES DUE UNDER AGREEMENT, A MINIMUM AMOUNT OF $500.00 OF YOUR CREDIT MAY BE RESERVED BY THE CREDIT CARD ISSUER AND YOU CONSENT TO THE RESERVATION FOR THAT AMOUNT. You also consent that Jerry’s Jeep Rental may obtain credit information about you from any credit agencies, Jerry’s Jeep Rental may contact. Any amounts that are billed to you that are not paid on a timely basis will be subject to a late fee applied monthly against the unpaid amount. The late fee is no less than (i) 1.5% per month; or (ii) the highest rate of interest permitted by law.
E. DAMAGE OR LOSS
IT IS YOUR RESPONSABILITY TO VERIFY THAT THE VEHICLE IS UNDAMMAGED, PRIOR TO DEPARTURE FROM JERRY’S JEEP RENTAL PREMESIS. NO CLAIM OF PRIOR DAMAGE WILL BE ACCEPTED UNLESS SUCH DAMAGE IS INDICATED AT THE START OF THE RENTAL AND NOTED ON THIS AGREEMENT. YOU ARE ABSOLUTELY LIABLE FOR ANY LOSS OR DAMAGE TO THE VEHICLE EVEN IF SOMEONE ELSE CAUSED IT OR THE CAUSE IS VANDALISM OR ANY OTHER CAUSE WHATESOEVER, SUBJECT TO LIMITATIONS IMPOSED BY THE LAWS OF THE COMMONWEALTH OF Puerto Rico. YOUR LIABILITY WILL NOT EXCEED THE FULL VALUE OF THE VEHICLE; ACTUAL TOWING AND STORAGE COSTS, LOSS OF USE AND ADMINISTRATIVE CHARGES AS ALLOWED BY LAW, IF APPLICABLE, WILL BE CHARGED TO YOUR CREDIT CARD FOR ANY DAMAGE OR LOSS CAUSED TO THE VEHICLE. IT IS YOUR RESPONSABILITY TO MAKE A CLAIM WITH YOUR INSURANCE COMPANY OR CREDIT CARD COMPANY FOR THE APPRORIATE REIMBURSEMENT, IF APPLICABLE.
F. LOSS DAMAGE WAIVER
Jerry’s Jeep Rental agrees to waive your financial responsibility only for loss damage to the Vehicle up to the deductible amount specified on your rental agreement, if you purchase, Loss Damage Waiver (LDW), and sign or initial acceptance of this item at beginning of the rental. You agree to authorize Jerry’s Jeep Rental Corp. To charge your credit card for the amount due because of any accident or incident up to the deductible amount. However any use of the Vehicle in violation of Section G of this agreement will make you fully liable for all loss or damage, including attorney’s fees, even if you purchase LDW. This is not insurance and it does not cover actual towing if applicable.
G. PROHIBITED USES OF THE VEHICLE
The vehicle may not be used: (1) To carry persons or property for hire; (2) To push or tow anything; in a race or similar contest; (4) for any illegal purpose or in the act of a crime, that could be charged as a felony; (5) While a driver is under the influence of alcohol or drugs or driving in a state of drowsiness; (6) Outside the island without prior written consent from Jerry’s Jeep rental Corp.; (7) To cause damage to the vehicle by intentional, willful, reckless or wanton misconduct; (8) By anyone other than the authorized driver; (9) if obtained by fraud or misrepresentation. For purposes of this agreement, willful, reckless or wanton misconduct includes, but not limited to:
1. To use the vehicle on other than regularly maintained hard surface roadways, private driveways or parking lots, without Jerry’s Jeep Rentals written permission.
2. If any goods or personal property are hauled on the roof of your truck lid of the vehicle with the use of equipment which either (i) is not compatible with the vehicle, or (ii) was not made by the vehicles manufacturer, (iii) was not provided to you by Jerry’s Jeep Rental at the time of the rental.
3. If any game or wildlife is hauled on the roof or truck lid of the vehicle; or
4. If any person stands, sits, jumps or walks on either the roof, hood, or trunk lid of the vehicle; or
5. The vehicle is improperly fueled
6. If the vehicle is improperly loaded or used to transport weight exceeding the vehicles maximum capacity, or used to carry hazardous or explosive substances; or
7. If the vehicle is used to transport passengers and occupants in excess of the number of seat belts in the vehicle or in the bed of the cargo area of the vehicle, or if you do not require all passengers or occupants to comply with seat belts and child restraint laws;
8. In the case of golf carts you must not take them beyond designated areas;
9. If you rented a manual transmission without knowing how to properly and safely operate such vehicle;
10. If the vehicle is used to transport animals;
11. If the vehicle is used to transport firearms illegally;
12. If the integrity of the vehicle is changed or modified in any way including but not limited to the removal of seats or swapping out of tires, regardless of weather damage or loss of value to the vehicle or injury to anyone occurs as the result of such change.
ANY PROHIBITED USE OF THE VEHICLE VIOLATES THE AGREEMENT AND VOIDS OR DEPRIVES YOU OF BENEFITS, PROTECTION AND OPTIONAL COVERAGE, IF ANY, TO WHICH YOU WOULD HAVE OTHERWISE BEEN ENTITLED UNDER THIS AGREEMENT. FUTHERMORE, NEGLIGENCE WHICH RESULTS IN THE THEFT OR DESTRUCTION OF THE VEHICLE (FAILURE TO SAFEGUARD THE KEYS OR TO LOCK IT) WILL ALSO RESULT IN THE VOIDING OF ANY OPTIONAL COVERAGE AND LEAVE YOU WITH THE RESPONSIBILITY FOR THE FULL VALUE OF THE VEHICLE.
H. THIRD PARTY LIABILITY RESPONSIBILITY
Under federal law (safe, accountable, flexible, efficient transportation equity act: a legacy for Users) (49 U.S.C., sec. 30101), the rental company shall not be liable under the law of any state including Puerto Rico, by reason of being the owner of the vehicle for harm to persons or property that results or arises out of the use, operation or possession of the vehicle during the period of the rental by you and any other operator. Under section 30103 of the law, the rental company shall not be legally liable for any harm or torts caused by you or any other operator’s negligence or wrongdoing. In sum, there is no vicarious responsibility by the rental company under federal and local laws.
1.) Your insurance coverage, if valid and collectible, may be responsible for handling, defending and paying third-party claims for bodily injury, death or property damage caused by or arising from the use or operation of the vehicle during the rental, and you and any additional unauthorized driver agree to jointly defend, indemnify and hold Jerry’s Jeep Rental harmless from and against any and all third party claims in the event of an accident. Jerry’s Jeep Rental Corp. does not provide for you or any authorized driver with any third party liability protection covering this rental, except as may be provided pursuant to paragraph 2 below.
2.) If and only if you purchase an insurance coverage from Jerry’s Jeep Rental Corp. within the limits stated in this paragraph. Jerry’s Jeep Rental Corp. will protect an authorized driver against third-party liability claims arising out of the user operation of the vehicle for: (i) Bodily injury or death of another (excluding any or your additional Authorized Drivers family members related by blood, marriage, or adoption residing with you or an Authorized Driver), and (ii) property damage other than to the vehicle or the property of an Authorized Driver, with a Liability insurance, according to the following options:
A. Liability Insurance, will provide coverage against third party liability claims, with alternatives selected by you:
______ Bodily injury: $100,000.00 per person; $300,000.00 per accident. Property damage: $50,000 per accident. (SLI)
______ I decline Liability Insurance
B. You agree to defend indemnify and hold Jerry’s Jeep Rental Corp. harmless from and against all loss, liability or damage whatsoever not paid or covered by Liability Insurance (LI).
JERRY’S JEEP RENTAL CORP. REQUIRES THAT YOU SHOW PROOF OF COVERAGE FOR SPECIFIC VEHICLE BY YOUR INSURANCE COMPANY IF DECLINING SUPPLEMENTAL LIABILITY INSURANCE. IF YOUR ARE UNABLE TO PROVIDE PROOF AT THE BEGINNING OF THE RENTAL YOUR ARE REQUIRED TO PURCHASE SLI FROM JERRY’S JEEP RENTAL CORP.
The coverage provided under the Liability Insurance is null when a covered vehicle is used in violation of the terms and conditions of the rental of the terms and conditions of the rental agreement.
I. HANDLING ACCIDENTS AND OTHER OCURRENCES
In the event of an accident, you must call the police immediately and secure a copy of the initial police report and any other documentation relevant to the accident. Failure to obtain a police report may result in revocation of LDW coverage. You must then take this to Jerry’s Jeep Rental within 24 hours unless you are seriously injured as to be physically incapable of doing so. You must deliver to Jerry’s Jeep rental Corp. a legible copy of any notice or suite in connection with any incident involving the vehicle. You must cooperate fully with Jerry’s Jeep Rental Corp. in the investigation and defense of any such claim or suit, including but not limited to, reporting the accident to your own Insurance company, informing Jerry’s Jeep Rental Corp. of claim numbers and adjusters name and complying with the provisions of the agreement. Upon return of the damaged vehicle, Jerry’s Jeep Rental will charge your credit card the amount of $500.00 as a deposit to cover any amount not settled by your Insurance company or credit card. Failure to report an accident or incident, however minor, will void all coverage and render you liable for all damages. Jerry’s Jeep Rental Corp. reserves the right to refuse the granting of a replacement vehicle to any client was has an accident, breakdown or who has violated the law.
I. OTHER CONTRACTUAL PROVISIONS
1. Regardless of fault, Jerry’s Jeep Rental Corp. is not responsible for loss or damage to any property left in or on the vehicle, in or on any other vehicle. Or any of Jerry’s Jeep Rental corp. premises. Jerry’s Jeep Rental Corp. is not responsible for loss of time, expenses, or any other incurred by you due to mechanical breakdown, accident, or any other causes, whether or not said loss or damage was caused or related to the negligence of Jerry’s Jeep Rental Corp., its agents, servants or employees. You hereby assume all risk of such loss or damage.
2. You agree to return the vehicle on the due back date, or upon Jerry’s Jeep Rental Corp. demand, if sooner.
3. If the vehicle is not returned due or within 24 hours hours after written or oral demand by Jerry’s Jeep Rental Corp., the authorized driver will be in unlawful possession of the vehicle, and Jerry’s Jeep Rental Corp. may seek the insurance warrant for the arrest of anyone in possession of the vehicle (including authorized driver) or seek any other legal remedy at Jerry’s Jeep Rental Corp. option.
4. You agree that Jerry’s Jeep rental Corp. may repossess the vehicle at any time at your expense for just cause. In no event may you keep the vehicle longer than 30 days unless you execute another rental agreement, which will be separate and apart from this agreement.
5. No term of this agreement may be waived or changed, except by a written agreement signed by an authorized representative of Jerry’s Jeep Rental Corp. YOU MAY NOT SUBLET THE VEHICLE, NOR MAY YOU TRANSFER OR ASSIGN THIS AGREEMENT. You are not an agent of Jerry’s Jeep Rental Corp. for any manner or purpose. No modification may be made to this agreement unless in writing and signed by both parties.
6. If the prohibits any term of this agreement, it shall not effect the remaining terms. Paragraph headings have to be independent meaning.
7. You will be provided with one (1) set of keys that are to be surrendered upon demand. You are responsible for the replacement cost of broken or lost keys.
8. According to laws in P.R. any child four years or younger must sit in a child seat. Child seats are available for rent. (subject to availability). No children under the age of 12 are permitted in the golf carts.
9. Please allow yourself at least a 11/2 hour, prior to departure time for vehicle inspection.
J. CARGO LOSSES
You agree to release, defend, indemnify and hold Jerry’s Jeep Rental Corp. harmless, its officers, employees and agents, against liability for loss or damage (Including consequential damage) to any cargo or other property transported in or the vehicle or a trailer pulled by the vehicle.
K. TRAFFIC VIOLATIONS
Traffic violations given during the rental and not paid at the moment when the vehicle is returned, Jerry’s Jeep Rental Corp. will automatically charge to the credit card used in the contract. Said violations and any other administrative charge to cover the same period.
All rental policies of Jerry’s Jeep Rental Corp. are herein adopted by reference as part of this rental agreement.