GP LUXURY RENTAL AGREEMENT
-TERMS AND CONDITIONS -
DEFINITION OF TERMS: The following terms shall have the following interpretations: ‘’Contract’’- means this Rental Agreement consisting of page 1 and 2; ‘’Lessee’’– means the party renting or leasing the vehicle and any other person approved by Lessor on page 1 to drive the vehicle; ‘’Lessor’’- means the authorized GP LUXURY RENTAL dealer named on page 1; ‘’Vehicle’’- means the automobile or truck described, subject to all terms and provisions of this contract contained below on the reverse side hereof.
1. DRIVERS: In no event shall the vehicle be used, operated or driven by any person other than the Lessee or additional Lessee who signed this agreement, except that, without violating this contract, the vehicle may be used, operated or driven by any person who is qualified, licensed driver of twenty- one (21) years of age or older, if such person is the Lessee’s employer or employee and uses and operates the vehicle in the normal course of such employment.
2. PROHIBITED USE: The vehicle shall not be used (1) in violation of any law, ordinance or regulation, (2) by any person who is under the influence of intoxicants, narcotics or drugs, (3) if any automobile, for the transportation of persons or property for hire, (4) in any race, test or competitive event, (5) outside the State of Florida without Lessors prior written consent, (6) by any person not specified in paragraph 1 above, (7) by any person under the age of 21 years, (8) to push or tow any vehicle except with Lessors prior written consent and subject to all the conditions appearing on the reverse hereof. Lessee is prohibited from installing any bumper, clamp-on or other type of trailer hitch, without Lessors prior written consent. In NO EVENT SHALL Lessee sub-rent or release the vehicle to another person or Corporation. If the vehicle is obtained by Lessee by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use of the vehicle is without Lessors permission. The foregoing conditions are cumulative and each of them shall apply to every use, operation or driving of the vehicle. Lessee and/or additional Lessee agree to indemnify and reimburse the company for all damages sustained by the company as a result of vehicle being used in a manner which can be characterized as ‘’prohibited use’’ under the aforementioned ‘’Prohibited Use’’ clause.
3. RETURN OF VEHICLE: This Contract is one of rental only. The vehicle is the property of the Lessor. Lessee agrees to return vehicle to Lessors address on the date shown on page 1 (under ‘’Due Date’’) in the same conditions as when received, ordinary wear and tear excluded. Lessor or any of its agents or employees may peacefully repossess the vehicle without demands, where ever found and terminate this Rental Agreement if the vehicle is legally parked, is used in violation of the law, or this Contract was obtained as the result of any misstatement or fraud, is apparently abandoned, or for any other reason deemed sufficient by Lessor. Lessor shall not in any way be liable to Lessee for damages resulting from such repossession nor shall Lessor be responsible for the loss or damage of any property of Lessee contained therein.
4.AMOUNTS DUE LESSOR: Lessee shall pay Lessor on demand: (a) All time and mileage charge as shown on page 1 of this contract with mileage determined by reading the factory installed vehicle odometer. Lessee shall NOT detach the odometer and shall pay for its repair or replacement if any seal has been broken, along with a mileage charge equivalent to the average charge developed from Lessors experience, (b) Basic or minimum rate, service, Collision Damage Waiver, and other charges as shown on page 1 hereof. (c) Refueling charge if the vehicle is returned with less gasoline then when rented, (d) All sales use, excise, or other taxes, (e) All liens, penalties forfeitures court cost and out of pocket expenses incurred by Lessor with respect to Lessees use of the vehicle including parking, traffic or other violations assessed against Lessor, the vehicle, or Lessee, plus a reasonable service charge, unless due to Lessors fault. (f) Lessors costs and expenses including reasonable attorney’s fees (unless prohibited by law), incurred in collecting any payments due hereunder or in the amount specified on page 1 in the Collision Damage Waiver section, (h) Lessors costs and expenses for repairing vehicle which was damage accident, theft or any violation of the prohibited use clause.
5. INDEMNITY: The Lessee does hereby agree to indemnify and hold harmless the Lessor from and against any and all losses, damage, claims, suits, demands, costs, attorney fees, and any other expense incurred by Lessor arising out of the use of the vehicle by the Lessee or any other person.
6. NO AGENCY: Neither Lessee nor any other driver of the vehicle shall be or is deemed to be agent, servant, or employee of Lessor for any purpose and during the term of this Agreement Lessee shall completely assume full responsibility for the vehicle to be public and any regulatory body having jurisdiction.
7. REPAIRS: Lessee shall not permit any repairs to the vehicle or suffer any lien to be placed upon it without Lessors prior written consent. Lessee shall be liable for any such repairs.
8. ACCIDENTS: Lessee shall immediately report any accident to the law enforcement agency having jurisdiction at the place of the accident and to Lessor and shall deliver to Lessor or its insurers if so wanted by Lessor, every process, pleasing notice, or paper of any kind received by Lessee or any driver of the vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Lessor and its insurer in investigating and defending the same.
9. CREDITS AND CHARGES: In the event Lessee directs Lessor to bill charges hereunder to any other person or organization and Lessee shall jointly and severally liable for all such charges and in the event that such other person or organization fails to make immediate payment of said charges. Lessee will upon demand of Lessor, promptly pay said charges. LESSEE EXPRESSLY AUTHORIZES LESSOR TO PRECEDE A CREDIT CARD VAUCHER, IF ANY, IN HIS/HER NAME FOR CHARGES MADE HEREUNDER. Lessee agrees to pay Lessor interest of 1 ½% per month (18% per year) on any monies paid out by Lessor for Lessees benefit until collected from and any account outstanding over 30 days.
10. THEFT OF VEHICLE: Lessees liability for theft vehicle shall be limited to $1,000 provided Lessee returns to company the keys of said vehicle.
11. INSURANCE: The Lessor agrees to provide automobile liability insurance with limits of liability equal to the financial responsibilities limit of the State of Florida, but only if no other valid and collectible insurance, whether primary, excess or contingent, with limits up to the financial responsibility limits of the State of Florida, is available to Lessee or operator of the vehicle.
12. COLLISION DAMAGE WAIVER PROTECTION: This does not include blowouts, flat tires, damage to tires, wheels, or rims, broken glass or any interior damage such as cigarette burns, rips, tear or stains to upholstery and carpet or other damage, missing items such as floor mats, spare tire, jack, hub caps, etc.
13. ENTIRE CONTRACT: This contract expresses the entire understanding of the parties and there are no other representations, warranties, collateral agreements or conditions.
14. CDW: Will not cover you if proper accident report case is not provided at the time of return. Customer will be fully responsible for any damages, impound fees, traffic citations, or any type of expenses that this cause. Renters’ car will be automatically charged. CDW has a minimum deductable. $1,000 for economy, compact or midsize, $1,500 for full size, minivans, midsize and regular SUVs’, $5,000 for all luxury vehicles and $5,000 up to $10,000 for exotic vehicles.
15. CANCELLATION POLICY:
Upon finalizing a reservation with GP Luxury Rental you are required to give a Deposit of one day rental of your selected car. In the event you cancel less than 48 hours in advance of your rental, you agree to pay the reservation deposit to GP Luxury Rental as a cancellation fee. If your reservation is made within 48 hours and you cancel less than 24 hours in advance, you agree to pay the reservation deposit to GP Luxury Rental as a cancellation fee.
GP Luxury Rental may charge a cancellation fee equal to 100% of your total car rental reservation if is not cancelled 48 hours in advance.
Luxury cars are issued with 100 free miles per day and Exotic cars are issued with 75 free miles per day. All miles driven over daily free miles will be subject to an additional charge depending of the vehicle.
17. All court cases will be tried in Miami-Dade County, State of Florida.