Definitions. “Agreement” means all terms and conditions found throughout this form. “You” or “your” means the person identified as the customer elsewhere in this agreement, any person signing this Agreement, and Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this agreement. “We”, “our” or “us” means the Monti Bay Lodge. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle or Watercraft. “Vehicle” means the automobile, van or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Watercraft, means any boat, canoe, or other marine vessel (motorized and/or not motorized) and any watercraft we substitute for it, and all its accessories, equipment, keys and watercraft documents.“Physical Damage” means damage to, or loss of, the Vehicle or Watercraft caused by collision or upset; it does not include comprehensive damage or loss, such as loss of the Vehicle or Watercraft due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle or Watercraft for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle or Watercraft is damaged or lost until it is repaired or replaced, times the daily rental rate.
Rental, Indemnity, and Warranties. This is a contract for the rental of the Vehicle and/or Watercraft. We may repossess the Vehicle or Watercraft at your expense without notice to you, if the Vehicle or Watercraft is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or Watercraft . We make no warranties, express, implied or apparent regarding theVehicle or Watercraft , no warranty of merchant-ability and no warranty that the Vehicle and/or Watercraft is fit for a particular purpose.
Condition and Return of Vehicle or Watercraft. You must return the Vehicle or Watercraft to our rental location on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle or Watercraft is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle or Watercraft until we inspect it upon our next opening for business. Service to the Vehicle or Watercraft or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
Responsibility for Damage or Loss; Reporting to Police. You are responsible for all loss or theft of, or damage to, the Vehicle or Watercraft , which includes the cost of repair, or the actual cash retail value of the Vehicle or Watercraft on the date of the loss if the Vehicle or Watercraft is not repairable or if we elect not to repair the Vehicle or Watercraft , plus loss of use, diminished value of the Vehicle or Watercraft caused by damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
Breach of Agreement. The acts listed here are prohibited uses of the Vehicles and Watercraft . Any loss or damage that 9a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or Watercraft or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle or Watercraft is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle or Watercraft ; (h) occurs outside the geographic limitations indicated on the reverse; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle or Watercraft has seats or seat belts, or while carrying persons outside the passenger compartment; (l) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle or watercraft’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle or Watercraft; (o) results from inadequately secured cargo; (p) where applicable, is caused by anyone who lacks experience operating a manual transmission, (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or (s) is caused by an animal transported in the Vehicle or Watercraft; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision, and comprehensive insurance covering you, us and the Vehicle or Watercraft. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including, but not limited to (a) time and mileage for the period you keep the Vehicle or Watercraft, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle or Watercraft with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle or Watercraft assessed against us or the Vehicle or Watercraft, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle or Watercraft is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle or Watercraft if you fail to return it or we elect to repossess the Vehicle or Watercraft under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur in collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum allowed by law (if less than 2%) on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the Vehicle or Watercraft if returned substantially less clean than when rented.
Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a Vehicle or Watercraft) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or Watercraft or any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise or responsibility.
Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle or Watercraft to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a Vehicle or Watercraft. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
