By remitting payment for an invoice issued by Houston Rentals Co, you hereby acknowledge and agree to be bound by the terms and conditions set forth on this page. This acknowledgment constitutes a binding agreement between the Renter and Houston Rentals Co. It is imperative that you review these terms and conditions thoroughly before completing your payment. Your act of payment shall serve as conclusive evidence of your acceptance of, and agreement to, all such terms, conditions, policies, and provisions herein. If you do not agree with any part of these terms and conditions, you must refrain from making the payment and contact us immediately for clarification. You also agree to have your rental invoice and receipts for every and any reservation and rental completed by you emailed to you rather than provided in paper or hard copy form.
RENTAL AGREEMENT TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS, THE RENTAL INVOICE SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED ELECTRONICALLY, WHICH BOTH YOU AND HOUSTON RENTALS CO AGREE SHALL BE TREATED AS ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL INVOICE, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND THE HOUSTON RENTALS CO COMPANY WHICH IS IDENTIFIED ON THE RENTAL INVOICE (“HOUSTON RENTALS CO”).
1. NATURE OF THIS AGREEMENT
You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Houston Rentals Co. No one other than Houston Rentals Co may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Houston Rentals Co is void. Neither You nor any Authorized Operators are agents of Houston Rentals Co. No one may service or repair the Car without Houston Rentals Co’ prior express approval. HOUSTON RENTALS CO MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.
2. WHO MAY OPERATE THE CAR
Only You and, with Your permission, the following persons (“Authorized Operators”), may operate the Car: (a) for rentals (“Replacement Rentals”) which are designated as replacement rentals on the Rental Invoice, any person specifically named as an insured on Your automobile policy; and (b) any other person who meets Houston Rentals Co’ qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 20 years old and have a valid driver’s license from a jurisdiction acceptable to Houston Rentals Co. Charges for Authorized Operators under 25 may apply. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Houston Rentals Co’ discretion, be in effect at the time and place of rental; and, where permitted by law, Houston Rentals Co may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraph 9).
3. RETURN
ORDINARY WEAR DUE TO REASONABLE USE EXCEPTED, YOU MUST RETURN THE CAR TO HOUSTON RENTALS CO IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. IF YOU EXCEED 3500 MILES IN A 30 DAY PERIOD YOUR RENTAL PRIVILEGES MAY BE REVOKED DUE TO EXCESSIVE WEAR AND TEAR. YOU MUST RETURN THE CAR TO HOUSTON RENTALS CO BY THE DUE DATE SPECIFIED ON THE RENTAL INVOICE, OR SOONER IF DEMANDED BY HOUSTON RENTALS CO. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS (IN NEW JERSEY, OHIO AND SOUTH DAKOTA, 28 DAYS), UNLESS AUTHORIZED IN WRITING BY HOUSTON RENTALS CO. A RETURN CHANGE FEE WILL APPLY TO ANY CHANGE IN YOUR SCHEDULED RETURN DATE, TIME OR LOCATION IF YOU FAIL TO NOTIFY HOUSTON RENTALS CO WITHIN 12 HOURS OF YOUR SCHEDULED RETURN TIME.. . THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL HOUSTON RENTALS CO HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL HOUSTON RENTALS CO HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND (B) TIME CHARGES, CHARGES FOR LDW AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON THE RENTAL INVOICE AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER HOUSTON RENTALS CO SENDS YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN IN YOUR ENROLLMENT OR OTHERWISE PROVIDED TO HOUSTON RENTALS CO, HOUSTON RENTALS CO MAY REMOTELY DISABLE OPERATION OF THE CAR AND, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5 OFTHIS AGREEMENT, THEN HOUSTON RENTALS CO MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRE-CONDITION FOR HOUSTON RENTALS CO REMOTELY DISABLING OPERATION OF THE CAR AND RECOVERING THE CAR. FAILURE TO RETURN THE CAR IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT MAY RESULT IN A CRIMINAL PENALTY. YOU EXPRESSLY CONSENT AND AGREE THAT HOUSTON RENTALS CO MAY USE ELECTRONIC OR VERBAL MEANS TO CONTACT YOU. YOU AGREE THAT HOUSTON RENTALS CO MAY USE ANY EMAIL ADDRESS OR TELEPHONE NUMBER YOU PROVIDE TO CONTACT YOU, INCLUDING MANUAL CALLING, VOICE MESSAGES, TEXT MESSAGES, EMAILS OR AUTOMATIC TELEPHONE DIALING SYSTEMS. THE CAR MAY BE EQUIPPED WITH GLOBAL POSITIONING TECHNOLOGY OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS HOUSTON RENTALS CO TO TRACK OR OTHERWISE LOCATE THE CAR AND PRIVACY IS NOT GUARANTEED. INFORMATION COLLECTED BY ANY SUCH TECHNOLOGY OR TELEMATICS IS GOVERNED BY HOUSTON RENTALS CO’ PRIVACY POLICY. YOU ACKNOWLEDGE THAT THE DATA DERIVED FROM THE IN-CAR TELEMATICS AND OTHER DEVICES MAY CONTAIN PERSONAL INFORMATION AND YOU AUTHORIZE HOUSTON RENTALS CO TO SHARE THAT DATA WITH THE DEVICE MANUFACTURER, THE ORIGINAL EQUIPMENT MANUFACTURER AND ITS AFFILIATES (COLLECTIVELY, “OEM”), SERVICE PROVIDERS, AND OTHER THIRD PARTIES TO WHOM HOUSTON RENTALS CO OR OEM GRANTS ACCESS. TO THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE HOUSTON RENTALS CO,’ THE ORIGINAL EQUIPMENT MANUFACTURER’S (OEM) AND ANY THIRD -PARTY SERVICE PROVIDER’S USE OF THE TECHNOLOGY INCLUDED IN THE CAR, INCLUDING TO TRACK THE LOCATION OF THE CAR, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR. IT IS YOUR RESPONSIBILITY TO DELETE ANY BLUETOOTH SYNCED DATA FROM THE CAR UPON YOUR RETURN. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOUSTON RENTALS CO, THE OEM AND ANY THIRD-PARTY SERVICE PROVIDER MAY COLLECT, PROCESS, CHARGE ON THE BASIS OF, ADD TO YOUR CUSTOMER PROFILE AND TAKE DISCIPLINARY ACTION ON THE BASIS OF THE DATA DERIVED FROM IN-CAR TELEMATICS AND OTHER DEVICES AND GAUGES. ACTIONS MAY INCLUDE SUSPENSION OR TERMINATION OF YOUR ABILITY TO CONTINUE TO RENT CARS FROM HOUSTON RENTALS CO OR ITS AFFILIATES.
THE CAR MAY HAVE TELEMATICS, TRACKING, AND RELATED SERVICES IN WHICH CASE, YOU UNDERSTAND THAT YOUR ACCESS AND USE OF THE CAR OR THE SERVICES ARE SUBJECT TO THE CAR, SERVICE PROVIDER’S OR DEVICE MANUFACTURER’S TERMS AND PRIVACY STATEMENT, WHICH MAY INCLUDE OTHER TERMS, SERVICE LIMITATIONS, WARRANTY EXCLUSIONS, LIMITATIONS OF LIABILITY, WIRELESS SERVICE PROVIDER TERMS AND PRIVACY PRACTICES. IF YOU RENT A GENERAL MOTOR’S BRAND CAR (E.G., CHEVROLET, BUICK, GMC, CADILLAC), YOU AGREE TO THE CONNECTED VEHICLE USER TERMS, PRIVACY STATEMENT AND SOFTWARE TERMS AVAILABLE ON www.onstar.com.
UPON RETURN, IF THE CAR REQUIRES MORE THAN HOUSTON RENTALS CO’ STANDARD CLEANING ON ITS RETURN, HOUSTON RENTALS CO MAY CHARGE YOU FOR THE ACTUAL COSTS INCURRED BY HOUSTON RENTALS CO TO HAVE THE CAR CLEANED.
4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL LOSS DAMAGE WAIVER
a. EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE INCLUDING BUT NOT LIMITED TO COLLISION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OR GOD REGARDLESS OF FAULT.
b. EXCEPT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR AND ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY HOUSTON RENTALS CO, AN ADMINISTRATIVE CHARGE AND A CHARGE FOR LOSS OF USE, REGARDLESS OF FLEET UTILIZATION. AS MORE GENERALLY PROVIDED IN PARAGRAPH 6, HOUSTON RENTALS CO MAY, WHERE PERMITTED UNDER APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT, CHARGE OR DEBIT CARD FOR THESE LOSSES, COSTS AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL.
c. YOUR RESPONSIBILITY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS LIMITED BY LAW IN CERTAIN JURISDICTIONS. AS OF June 1 , 2020, THE FOLLOWING LIMITATIONS EXIST. SHOULD THE LAWS IMPOSING THESE REGULATIONS BE REPEALED, THE PROVISIONS OF SUBPARAGRAPHS 4(a) AND 4(b) SHALL APPLY WITHOUT SUCH LIMITATIONS.
d. IF YOU HAVE ACCEPTED THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”), WHICH IS NOT INSURANCE, HOUSTON RENTALS CO WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e), UP TO A MAXIMUM OF $500 FOR PHYSICAL DAMAGE (OTHER THAN MECHANICAL OR INTERIOR DAMAGE) TO THE VEHICLE DURING THE RENTAL, PLUS RELATED COSTS SUCH AS ADMINISTRATIVE FEES AND APPRAISAL COSTS, AFTER EXHAUSTION OF ANY APPLICABLE INSURANCE. YOU WILL BE CHARGED A $500 DAMAGE DEPOSIT, AND IF THE FINAL DAMAGES PLUS RELATED COSTS, MINUS INSURANCE COLLECTED, ARE BELOW THE DEPOSIT AMOUNT, OR IF THE CLAIM IS NOT COVERED, THE DIFFERENCE WILL BE REFUNDED. IF YOU HAVE ACCEPTED THE OPTIONAL LIMITED LOSS DAMAGE WAIVER (“LLDW”), WHICH IS NOT INSURANCE AND IS AVAILABLE AT SELECT LOCATIONS, HOUSTON RENTALS CO WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR UP TO $3,000, EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e). WHEN DAMAGE IS REPORTED, A $500 DAMAGE DEPOSIT WILL BE CHARGED UNLESS THE VEHICLE IS UNDRIVABLE, IN WHICH CASE A $3,000 DEPOSIT WILL BE REQUIRED. IF THE FINAL DAMAGES PLUS RELATED COSTS, MINUS INSURANCE COLLECTED, ARE BELOW THE DEPOSIT AMOUNT OR THE CLAIM IS NOT COVERED, THE DIFFERENCE WILL BE REFUNDED. IN THOSE JURISDICTIONS WHERE THE SALE OF DAMAGE WAIVERS IS REGULATED, THAT LAW WILL GOVERN YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR. LDW ENTAILS AN ADDITIONAL CHARGE. ALL CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
THE PURCHASE OF LDW OR LLDW, WHICH ENTAILS AN ADDITIONAL DAILY CHARGE, AND IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. THE CHARGE FOR LDW IS BASED ON THE CAR RENTED, WHICH MAY NOT BE THE SAME AS THE CAR RESERVED. YOU AGREE TO REVIEW THE DAILY CHARGE FOR LDW AND LLDW AND THE ESTIMATED TOTAL CHARGE FOR LDW AND LLDW FOR YOUR RENTAL PRIOR TO ACCEPTING LDW. YOUR OWN INSURANCE (OR THAT OF AN AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OF OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW OR LLDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AND THAT OF ANY AUTHORIZED OPERATOR TO DETERMINE WHETHER THE POLICY AFFORDS COVERAGE FOR LOSS OR DAMAGE TO A RENTED VEHICLE, AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE, INCLUDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE.
e. IN THE EVENT THAT YOUR REQUESTED VEHICLE IS UNAVAILABLE DUE TO REASONS INCLUDING, BUT NOT LIMITED TO, DAMAGE, MAINTENANCE, HIGH DEMAND, OR OTHER CIRCUMSTANCES, WE RESERVE THE RIGHT TO SUBSTITUTE A VEHICLE SOURCED FROM AN ALTERNATIVE RENTAL PROVIDER. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR INSURANCE PROVIDER TO ASCERTAIN HOW SUCH A SUBSTITUTION MAY AFFECT YOUR AUTOMOBILE INSURANCE COVERAGE. PLEASE BE AWARE THAT YOU MAY REMAIN FINANCIALLY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE VEHICLE, REGARDLESS OF YOUR PERSONAL INSURANCE COVERAGE. THEREFORE, WE STRONGLY ADVISE CONSIDERING THE PURCHASE OF LDW, WHICH OFFERS ENHANCED PROTECTION AND MITIGATES POTENTIAL LIABILITIES IN THIS SCENARIO.
f. USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5 OF THESE TERMS AND CONDITIONS WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID LDW AND LLDW AND CAUSE YOU TO BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE.
g. YOU MAY, AT THE COMMENCEMENT OF A RENTAL, BE GIVEN ADDITIONAL DISCLOSURES PERTINENT TO YOUR DECISION WHETHER TO PURCHASE OR DECLINE LDW IN THE JURISDICTION IN WHICH THE RENTAL COMMENCES. THESE ADDITIONAL DISCLOSURES MAY APPEAR ON YOUR RENTAL INVOICE OR IN A SEPARATE NOTICE. YOU SHOULD READ THESE DISCLOSURES CAREFULLY PRIOR TO COMMENCEMENT OF THE RENTAL.
5. PROHIBITED USE OF THE CAR
NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY:
a. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR;
b. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR;
c. TAKE OR ATTEMPT TO TAKE THE CAR INTO MEXICO OR TO ANYWHERE ELSE OUTSIDE OF THE UNITED STATES OR CANADA, EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT;
d. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE OF THE CAR WHEN OVERLOADED OR CARRYING PASSENGERS IN EXCESS OF THE NUMBER OF SEAT BELTS IN THE CAR, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, REFUELING THE CAR WITH THE WRONG TYPE OF FUEL, I.E., DIESEL IN A GASOLINE ENGINE OR GASOLINE IN A DIESEL ENGINE, RECHARGING AN ELECTRIC VEHICLE USING NON-CERTIFIED OR INCOMPATABLE CHARGING ADAPTERS OR OTHER EQUIPMENT, LEAVING THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK;
e. USE OR PERMIT THE USE OF THE CAR BY ANYONE:
1. WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY;
2. FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND OR ANY DIRECT OR INDIRECT ACT OF TERRORISM INVOLVING THE CAUSING OR THREATENING OF HARM OF WHATEVER NATURE AND BY WHATEVER MEANS MADE OR CLAIMED TO BE MADE IN WHOLE OR PART FOR POLITICAL, RELIGIOUS, IDEOLOGICAL OR SIMILAR PURPOSE;
3. TO TOW OR PUSH ANYTHING;
4. IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION;
5. IN DRIVER TRAINING ACTIVITY;
6. TO CARRY PERSONS OR PROPERTY FOR HIRE (i.e., FOR A CHARGE OR FEE), UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY HOUSTON RENTALS CO;
7. IF THE CAR HAS BEEN OBTAINED FROM HOUSTON RENTALS CO BY FRAUD OR MISREPRESENTATION; OR
8. TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSES INCIDENTAL THERETO;
ANY USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5:
i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE ACCEPTED LDW;
ii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID ANY PROTECTION PROVIDED BY HOUSTON RENTALS CO UNDER THIS AGREEMENT; AND
iii. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO HOUSTON RENTALS CO CAUSED BY THE BREACH, TOGETHER WITH HOUSTON RENTALS CO’ RELATED COSTS AND ATTORNEYS’ FEES.
6. PAYMENT OF CHARGES
You and any person, corporation or other entity to whom, with Houston Rentals Co’ consent, You expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check (or cheque) used for payment of Charges that is returned to Houston Rentals Co unpaid or for any credit, charge, debit or stored value/prepaid/gift card charges which are not honored by the card issuer.
Payment for all Charges is due at the completion of the rental in cash or by a credit card, charge card, debit card or other device acceptable to Houston Rentals Co; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit/check card at the commencement of rental and agree to permit Houston Rentals Co to bill Charges to that card. By providing a form of payment, You authorize Houston Rentals Co to perform a check on Your credit and /or other data sources that identify risk associated with a rental of the Car by You. Houston Rentals Co may decline to rent based on this information. Charges not known to Houston Rentals Co at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit card presented at the time of rental, even if cash, another credit, charge or debit card or stored value/prepaid/gift card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift card is governed by the terms of Your agreement with the card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE HOUSTON RENTALS CO TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF RENTAL, IN AN AMOUNT THAT MAY BE GREATER THAN THE ESTIMATED CHARGES, EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY FOR A RENTAL, HOUSTON RENTALS CO WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER HOUSTON RENTALS CO RECEIVES THIS AUTHORIZATION, IF THE AUTHORIZATION OBTAINED AT THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. HOUSTON RENTALS CO WILL PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. Houston Rentals Co may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge or debit card, You authorize Houston Rentals Co to correct the Charges with the card issuer. Houston Rentals Co will notify You of any correction.
7. COMPUTATION OF CHARGES
a. TIME CHARGES are computed at the rates specified on the Rental Invoice for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL INVOICE. The extra hours rate shown on the Rental Invoice is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Invoice for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 29 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAYCHARGES. As stated in paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. Any changes to your agreed upon return time, date, or location may result in a change to your quoted estimated rate total and the daily or hourly rate. Prices on Houston Rentals Co’ website are only valid for those customers booking from a source country in which they officially reside. If a rate is booked from a source country in which You do not reside, it will be considered a fraudulent booking and Houston Rentals Co maintains the right to cancel such reservation and not provide a refund. Although Houston Rentals Co attempts to ensure all Houston Rentals Co prices quoted on booking channels are accurate, errors may sometimes occur. Houston Rentals Co will inform You as soon as possible if Houston Rentals Co discovers an error in the price of your reservation and give You the opportunity to confirm booking at the correct price or cancel. If You cancel and You have already paid for your rental, You will receive a full refund. If Houston Rentals Co is unable to contact You, Houston Rentals Co will treat your reservation as cancelled.
b. MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified on the Rental Invoice. The number of miles driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles in excess of the number of miles allowed, as specified on the Rental Invoice. The result is the mileage Charge.
c. A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented.
d. LDW CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Invoice.
e. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Invoice or as otherwise required by applicable law.
f. TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorized Houston Rentals Co to release Your billing/rental information and charge or debit card information or billing account information and information regarding Your rental to American Traffic Solutions, Inc., PlatePass LLC and ATS Processing Services, LLC (collectively “ATS”) for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees (and for PlatePass services, if utilized). You also agree to indemnify Houston Rentals Co and/or ATS, if they pay same. You agree to pay, upon billing, applicable service up to $42.00 and other fees related to such toll occurrences or toll, parking or traffic violations and providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that Houston Rentals Co and /or ATS may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking or other citations that You incur during Your rental. The amount of the service fee which You will be charged if Houston Rentals Co or ATS is required to pay for such an infraction or toll occurrence is up to $42.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges.
g. RECOVERY EXPENSE consists of all costs of any kind incurred by Houston Rentals Co in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.
h. COLLECTION EXPENSE consists of all costs of any kind incurred by Houston Rentals Co in collecting Charges from You or the person, corporation or other entity to whom they are billed, including, but not limited to, reimbursing Houston Rentals Co for the fees incurred from retaining a third-party collection agency to collect debts owed by You. These fees may be based on a percentage of the debt You owe, at a maximum of the actual percentage collected. You further agree to reimburse Houston Rentals Co for all other actual costs and expenses incurred by Houston Rentals Co, including reasonable attorneys’ fees and court costs and expenses incurred by Houston Rentals Co, including reasonable attorneys’ fees and court costs Houston Rentals Co incurs in such collection efforts. You agree that the costs collected pursuant to this Agreement are reasonable.
i. LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Houston Rentals Co’ mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with Houston Rentals Co.
j. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Houston Rentals Co resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission.
k. CHARGES FOR ADDITIONAL SERVICES, such as In car Navigation System, alternative GPS or other navigation systems, and infant and toddler car seats, if applicable, will be charged at the rates specified on the Rental Invoice. Charges for additional services, if stated on the Rental Invoice as a daily rate, are due and payable for each full or partial rental day.
l.. RETURN CHANGE FEE a one-time Return Change Fee of $15 will be applied if You desire to extend your rental or return the Car to a different location and You do not notify Houston Rentals Co by calling (281) 305-9490 or by going online at www.HoustonRentals.Co at least 12 hours prior to your scheduled return date /time. Failure to notify Houston Rentals Co of any change in your scheduled return date/time or location will result in a one-time fee of $50 plus the cost of the rental based on the actual day and location of return. Rental rates are subject to increase if any change is made to your rental, including a change to extend the rental or changing the return location (drop fees may apply).
m. LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, Houston Rentals Co may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Houston Rentals Co location. If You lock the keys/key fob in the Car and request assistance from Houston Rentals Co, Houston Rentals Co may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Houston Rentals Co location.
n. LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS units, Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify Houston Rentals Co, and You will be responsible for loss of use, replacement, delivery, and service costs.
o. SMOKING FEE. In the event it is determined by Houston Rentals Co personnel that You smoked in the car (based on odor, test strips, or other mechanisms) or the car smells of cigarette, marijuana, or other smoke, You will be charged a $500 fee.
p. ANY OTHER CHARGES specified on the Rental Invoice will be charged at the applicable rates specified on the Rental Invoice. Any such charges which are stated on the Rental Invoice as a daily rate shall be due and payable for each full or partial rental day.
q. FRADULENT CHARGEBACK PENALTY. If You initiate a payment chargeback or dispute and it is determined to be fraudulent by Houston Rentals Co and/or the credit card issuer, a penalty fee will be assessed in an amount equal to 200% of the original invoice, in addition to any additional recovery costs incurred by Houston Rentals Co in disputing the chargeback. The penalty fee described above is intended to cover the administrative costs, lost revenue, and additional expenses associated with disputing fraudulent chargebacks. It is not a punitive measure, but a reasonable pre-estimate of the damages Houston Rentals Co incurs due to such actions. By paying the invoice for the rental, You expressly accept and agree to this penalty fee for fraudulent chargebacks as described herein.
8. REFUELING OPTIONS
Most Houston Rentals Co rentals come with a full tank of gas, but that is not always the case. There are three refueling options:
1. IF YOU DO NOT PURCHASE FUEL FROM HOUSTON RENTALS CO AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Houston Rentals Co a charge for fuel. In some instances, in-vehicle technologies and telematics devices, including global positioning technology, may be used to confirm that the level of fuel in the Car is at least as much as it was in it when You received it.
2. IF YOU DO NOT PURCHASE FUEL FROM HOUSTON RENTALS CO AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Houston Rentals Co will charge You a Fuel and Service Charge at twice the market rate.
3. IF YOU CHOOSE TO PURCHASE FUEL FROM HOUSTON RENTALS CO AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Invoice for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN.
9. ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION PROVISION: THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND US (“US” AND “WE” FOR THE PURPOSES OF THIS ARBITRATION PROVISION MEANS THE HOUSTON RENTALS CO CORPORATION, (“HOUSTON RENTALS CO”), ITS PARENT AND AFFILIATE CORPORATIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND ANY VENDOR OR THIRD PARTY PROVIDING SERVICES FOR THE RENTAL TRANSACTION) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and we remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in Harris County, Texas unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT info@HoustonRentals.co. Include Your name, address, and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Houston Rentals Co of Your decision to opt out of arbitration, You do not need to do so again.
10. RESPONSIBILITY FOR PROPERTY
YOU AGREE THAT HOUSTON RENTALS CO IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY HOUSTON RENTALS CO’ NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST HOUSTON RENTALS CO, ITS AGENTS OR EMPLOYEES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY HOUSTON RENTALS CO VEHICLE OR BROUGHT ON HOUSTON RENTALS CO’ PREMISES, CAUSED BY YOU OR ANY AUTHORIZED OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY HOUSTON RENTALS CO’ NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD HOUSTON RENTALS CO HARMLESS FROM ANY CLAIM AGAINST HOUSTON RENTALS CO FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT.
11. LIABILITY PROTECTION
THE FOLLOWING SUBPARAGRAPH (a) APPLIES IF THE PROVISIONS OF YOUR PLAN SHOWN ON THE RENTAL INVOICE, IF ANY, OR, IN THE CASE OF A REPLACEMENT RENTAL, THE APPLICABLE CONTRACT, IF ANY, BETWEEN HOUSTON RENTALS CO AND THE AUTOMOBILE INSURER WHICH IS RESPONSIBLE FOR THE DAMAGE TO OR LOSS OF YOUR VEHICLE (A “RESPONSIBLE INSURER”), INCLUDE THE EXTENSION BY HOUSTON RENTALS CO OF LIABILITY PROTECTION.
a. WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, HOUSTON RENTALS CO WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, HOUSTON RENTALS CO HAS, AS THE INSURED, WAIVED AND REJECTED THE INCLUSION OF ANY SUCH COVERAGE. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. Houston Rentals Co warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have. TO THE EXTENT PERMITTED BY LAW, HOUSTON RENTALS CO’ DEFENSE OBLIGATIONS TO YOU OR ANY AUTHORIZED OPERATOR HEREUNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED.
THE FOLLOWING SUBPARAGRAPH (b) APPLIES FOR ALL RENTALS OTHER THAN THOSE NOTED IN SUBPARAGRAPH (a)
b. HOUSTON RENTALS CO DOES NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL. YOU AGREE THAT YOU AND YOUR INSURANCE COMPANY WILL BE RESPONSIBLE FOR HANDLING, DEFENDING AND PAYING ALL THIRD-PARTY CLAIMS FOR BODILY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE CAUSED BY OR ARISING FROM THE USE OR OPERATION OF THE CAR DURING THE RENTAL (THIRD-PARTY CLAIMS). YOU REPRESENT AND WARRANT THAT YOUR INSURANCE IS SUFFICIENT TO SATISFY THE MINIMUM APPLICABLE FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD HOUSTON RENTALS CO HARMLESS FROM AND AGAINST, AND WILL DEFEND HOUSTON RENTALS CO AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL PLUS COSTS AND ATTORNEYS’ FEES.
c. YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD HOUSTON RENTALS CO, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPENSE OF ANY KIND (A “LOSS”) , ARISING FROM THE USE OR POSSESSION OF THE CAR BY YOU OR ANY OTHER OPERATOR(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY HOUSTON RENTALS CO TO ENFORCE ANY OF ITS RIGHTS HEREUNDER, UNLESS SUCH LOSS ARISES OUT OF HOUSTON RENTALS CO’ SOLE NEGLIGENCE.
D. THE CAR MAY NOT BE DRIVEN INTO MEXICO WITHOUT FIRST OBTAINING SPECIFIC WRITTEN PERMISSION FROM HOUSTON RENTALS CO, WHICH PERMISSION MAY BE WITHHELD IN HOUSTON RENTALS CO’ SOLE DISCRETION. IF PERMITTED, YOU MUST FIRST OBTAIN THROUGH HOUSTON RENTALS CO INSURANCE VALID IN MEXICO.
12. ACCIDENTS, THEFT AND VANDALISM
You must promptly and properly report any accident, theft or vandalism involving the Car to Houston Rentals Co and to the police in the jurisdiction in which such incident takes place. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Houston Rentals Co. You and any Authorized Operators must cooperate fully with Houston Rentals Co’ investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION AND LDW. You and any Authorized Operators authorize Houston Rentals Co to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.
13. LIMITS ON LIABILITY
Houston Rentals Co will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.
14. PRIVACY
Houston Rentals Co may collect and use personal data about You in accordance with Houston Rentals Co Privacy Policy (the “Privacy Policy”). Pursuant to the Privacy Policy, You have the option to limit use or sharing by Houston Rentals Co of personal data about You for marketing purposes and You may access and correct data about You. The Privacy Policy explains these options and provides information about how to choose an option. A full copy of Houston Rentals Co’ Privacy Policy, which is subject to change by Houston Rentals Co from time to time, may be obtained at the rental location at which Your rental commences or by clicking on the Privacy Policy link at www.HoustonRentals.co
15. WAIVER OF CHANGE OF TERMS/GOVERNING LAW
a. No term of this Agreement may be waived or changed except by a writing signed by an expressly authorized representative of Houston Rentals Co. Rental representatives are not authorized to waive or change any term of this Agreement.
b. If any provision of this Agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to the jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of this Agreement, which shall continue in full force and effect. If any provision of this Agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).
16. RECOVERY OF COSTS
Except if prohibited by applicable law or arbitration rule, in any arbitration or other legal proceeding between You and us, the prevailing party shall be entitled to receive from the other party the prevailing party’s costs and expenses incurred in such arbitration or legal proceeding, including reasonable attorneys’ fees, arbitration or court costs, and arbitrator’s fees.
SUMMARY OF OPTIONAL SERVICES AVAILABLE
FOR INFORMATION REGARDING THE OPTIONAL LOSS DAMAGE WAIVER, WHICH IS NOT INSURANCE, SEE SUBPARAGRAPHS 4.d, 4.e, 4.f AND 7.d OF THIS AGREEMENT.
The insurance policies offered by Houston Rentals Co may provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowner’s insurance policy, personal liability policy, or by another source of coverage. The purchase of these kinds of coverage is not required in order to rent a Car.
You may not need the automobile liability insurance offered by us. Your Texas automobile policy provides coverage for Your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage.
WARNING
Operating a motor vehicle can expose You to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, and assure adequate ventilation inside the Car. For more information go to: www.P65Warnings.ca.gov/passenger-vehicle
IF YOU RENT AN ELECTRIC VEHICLE (EV), THE FOLLOWING ELECTRIC VEHICLE RENTAL TERMS AND CONDITIONS APPLY IN ADDITION TO THE RENTAL TERMS AND CONDITIONS ABOVE.
These Electric Vehicle Rental Terms (“Rental Terms”) are between The Houston Rentals Co and its affiliates (“Houston Rentals Co” or “us”) and You and apply to a rental of an electric vehicle (“EV”) from Houston Rentals Co. An EV is defined as a vehicle that exclusively uses battery power rather than gasoline or diesel fuel. These Electric Vehicle Rental Terms are in addition to the Terms and Conditions of the Rental Agreement applicable to your rental.
EV CHARGE LEVEL AT PICK-UP AND RETURN – Houston Rentals Co will endeavor to provide the EV at time of vehicle pick-up with a battery charge of 80%, but that is not always the case. . You are responsible to maintain a sufficient charge on the EV during your rental. You are never required to return a vehicle with more than 75% battery charge. If the EV is overdue Houston Rentals Co may remotely disable and recover the EV. You will be responsible for the cost of any tow if the EV is not drivable due to a low battery or if it is overdue. You are not authorized to call a private tow on Houston Rentals Co’ behalf. All tows of the EV must be by flatbed and must be arranged through Houston Rentals Co Emergency Roadside Assistance.
RANGE – Range is the estimated distance an EV can travel on a single charge. The EV information provided with your reservation that describes a range is not guaranteed. The battery life of the EV is impacted by a number of factors including weather, driving and road conditions. It is your responsibility to ensure the EV has sufficient remaining battery life to return the EV to Houston Rentals Co or reach an EV charging station.
CHARGING DURING RENTAL – Subject to Tesla’s terms and conditions and charging equipment standards, your EV may be able to access Tesla Superchargers to recharge. If You use a Tesla Supercharger to recharge the EV during your rental, that cost will be automatically billed back to Houston Rentals Co and added to your rental charges with a 2.8% convenience fee. These charges may not appear on the final invoice and may be added later due to processing time. Battery charging limit on a Tesla should be set at 90% maximum. . Houston Rentals Co may recommend public charge point operators, who may provide Houston Rentals Co incentives or rebates if you choose to charge at their locations, however, You may choose to charge the EV at any compatible public or private charging location at your own cost. You may also have to register and incur a fee at certain of these locations. You are responsible for any registration (including accepting terms and conditions and privacy policy) and any fees. If You do not move the EV promptly from the charging stall when it is finished charging You may incur an Idle fee for the time the EV remains in a charging stall after it is finished charging. You are responsible for and will indemnify Houston Rentals Co for any Idle or similar fee incurred when the EV is on rent to You. If the EV is overdue for return Houston Rentals Co reserves the right to remotely disable the EV and remove the EV from the charging platform. If You rent a Tesla and are overdue to return, your access to the Tesla Superchargers will be removed.
ELECTRIC VEHICLE RECHARGING OPTIONS AND FEES - Renters may choose one of three electric vehicle recharging options: (1) Electric Vehicle Purchase Option (“EVPO”); (2) Electric Vehicle Service Charge (“EVCS”); or recharge the vehicle yourself. You will not be charged EVSC if you return the vehicle within5% of the battery level at pick up. You never have to return the vehicle with over 75% battery level. The state of charge or battery level of the vehicle is described in Kilowatt-hours (kWh), a measure of electricity equivalent to 1 kilowatt (1,000 watts) of power expended for 1 hour. You will not receive a credit or refund for unused or excess charge left in the vehicle at return.
1. EVPO - Electric Vehicle Charge Purchase Option means you may purchase the state of charge in the battery at the time of pick up and can return the vehicle at any level. The quoted price is based on 80% of the average battery capacity for the EVs in the car class you reserved. The actual price may be lower or higher based on then-current EVPO fees at your rental location, the vehicle rented, and the battery level at the time of pick up. To calculate this fee, Houston Rentals Co multiplies the kWh battery level at the time of pick up, times the per kWh rate shown on the Rental Invoice, which is based on average energy rates in the rental location state and a convenience fee combined. You will not receive a credit or refund for the unused charge left in the battery at the time of return. If you choose the EVPO option and do not want it when you pick the vehicle up, you must ask for it to be taken off before leaving the facility. EVPO is optional. If not selected, you can return the vehicle within 5% the battery level at pick up to avoid the EV Service Charge (EVSC). If not selected and you do not adequately recharge, you will be charged based on the applicable EVSC required to recharge the vehicle to the same battery level as when you rented it. As a cost-savings benefit to You, if You drive less than 75 miles, you will be charged the lesser of the EVPO and the EVSC rate.
2. EVSC - The Electric Vehicle Service Charge will apply if you do not purchase EVPO and you do not return your vehicle within 5% of the battery level at pick up. To calculate this fee, Houston Rentals Co multiplies the difference between the battery level at pick up and the battery level at return in kWh, times the per kWh rate shown on the Rental Invoice, which is based on average energy rates in the rental location state and service fee combined. This rate will always be higher than our EVPO kWh rate. You will not receive a credit or refund if the battery level at return exceeds the battery level at pick up. You can avoid this charge by adequately recharging the vehicle prior to return as described below.
3. Recharge the Vehicle Yourself – If you do not purchase EVPO, you will not be charged EVCS so long as you return the vehicle within 5% of the battery level at pick up. If you receive a vehicle with 80% battery or greater, you are only required to return the vehicle with 75% battery.
THE COST PER KILOWATT OF THE EV PURCHASE OPTION WILL ALWAYS BE LOWER THAN THE EV SERVICE CHARGE COST PER KILOWATT. BUT IF YOU ELECT THE EV PURCHASE OPTION YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR CHARGE LEFT IN THE BATTERY AT THE TIME OF RETURN. THE COST OF RECHARGING THE EV YOURSELF AT A LOCAL CHARGING STATION WILL GENERALLY BE LOWER THAN THE EV SERVICE CHARGE OR THE EV PURCHASE OPTION. HOWEVER, THE EV SERVICE CHARGE AND THE EV PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND RECHARGE THE CAR PRIOR TO RETURN. IN CERTAIN INSTANCES, EXCEPT WHERE PROHIBITED BY LAW, HOUSTON RENTALS CO EMPLOYS THE USE OF IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY, TO CALCULATE THE AMOUNT OF BATTERY USED IF YOU DO NOT PURCHASE EVPO AT THE BEGINNING OF YOUR RENTAL AND CHOOSE TO RETURN THE CAR WITH LESS CHARGE IN THE BATTERY THAN BEFORE YOU LEFT THE LOT. THE USE OF THESE IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY, IS NOT INTENDED TO BE AN ACCURATE MEASUREMENT OF THE AMOUNT OF CHARGE IN THE BATTERY, BUT INSTEAD, IS A CONFIRMATION FOR THE PRIOR VISUAL ESTIMATE CONDUCTED BY MANUAL READ. ANY AMOUNT OF BATTERY CHARGED IS LIMITED SOLELY TO THE ESTIMATE PROVIDED BY THESE DEVICES, REGARDLESS OF THE AMOUNT OF CHARGE IN THE BATTERY. YOU MAY ELECT FOR A “VISUAL CONFIRMATION” OF THE TELEMATICS ESTIMATE UPON RETURN OF THE CAR. FURTHER, YOU MAY ALWAYS OPT OUT OF THIS OPTION ALTOGETHER BY PURCHASING EVPO AT THE BEGINNING OF THE RENTAL.
DAMAGE TO CHARGING STATIONS – You are responsible for any damage to the EV, the charging station equipment or the charging location when charging the EV during your rental. You will indemnify Houston Rentals Co for any charges, fines, or penalties You incur for any damage or loss to the EV, the charging station or location during your rental.
EQUIPMENT – The EV will be provided to You with certain equipment for which You are responsible. You are responsible to notify Houston Rentals Co if any of the following equipment is not with the EV at the time of pick up. Otherwise, You will be charged for any missing equipment at return. Loss Damage Waiver (LDW) does not apply to damage or loss of the equipment provided with the EV.
Key card or fob – You are responsible to return the Key card or Key fob upon your rental return. If the Key card or fob is damaged or lost, You will be charged to replace the Key Card or fob and a service fee. The Key card or Key fob must only be used to charge the EV You have rented. Sharing the Key card or Key fob, using additional Key cards or Key fobs to charge the EV, or charging other vehicles is prohibited. Any misuse of the Key card or Key fob in breach of these Rental Terms will result in additional usage charges.
Tesla Charging Kit – The Tesla Charging Kit consists of 1 Mobile Connector; 1 Storage Bag; and 1 NEMA 5-15 Adapter. You are responsible to return all contents of the Charging Kit upon your rental return. If the Charging Kit, or any part of the contents are damaged or lost, You will be charged for a complete Charging Kit, as these items are not available to be replaced individually, and a service fee.
J1772 Adapter – You are responsible to return the J1772 Adapter on your rental return. If this Adapter is damaged or lost, You will be charged to replace the Adapter and a service fee.
SOFTWARE UPDATES – The EV may contain onboard computers which periodically suggest software updates. You are not authorized to update the in-vehicle software at any time unless specifically requested to do so by a Houston Rentals Co representative. If a software update prompt is received during your rental, please ignore this or press cancel. If You do update the software (other than following the explicit instruction of a Houston Rentals Co representative) this is at your own risk and Houston Rentals Co accepts no responsibility or liability whatsoever including, but not limited to, any loss of use, interruption of service, incompatibility with training materials or otherwise.
DASH CAM AND PERSONAL DATA – The EV may be equipped with a Dash Cam which may record incidents involving the EV during your rental and may be used by Houston Rentals Co. You are responsible at return to delete all personal data input by You or collected by the EV during your rental. Please note, the EV may still retain recordings if the EV is involved in an accident.
TESLA ACCELERATION – Be advised, Tesla models have functionality enabled to limit the amount of acceleration of the vehicle.