1. This contract describes the terms and conditions that you and Majestic™ Car Rental Group, Inc. have entered into with regard to your rental of a Majestic™ Car Rental Group vehicle.
2. Definitions:
a. “You” and “Your” refers to the person who signs
the document.
b. “We”, “Our”, and “Us” refer to the
Majestic™ Car Rental Group, Inc.
c. “Car” or “Vehicle” refers to the vehicle rented
or its replacement.
d. “MCRG” refers to Majestic™ Car Rental Group, Inc.
e. “Optional Equipment” refers to accessories/products available
for rent with the rental of a vehicle.
f. “Miscellaneous Charges” refer to fees on the Rental Agreement
that you are responsible for (ie: parking tickets, towing at renter’s
expense, cleaning services, etc.)
3. You agree that the car you rent from us as described in the Rental Agreement is solely a bailment for our mutual benefit and the terms and conditions of this contract define and control our relationship. Through your signature on this Rental Agreement, you acknowledge that you have read through, understand, and accept all terms and conditions of this contract.
4. Authorized Drivers: An authorized driver is defined as a capable and validly licensed operator, 21 years of age and older. As the signer of the Rental Agreement, you are automatically an Authorized Driver, if you meet these qualifications. Other operators traveling with you can be added to the Rental Agreement as Authorized Drivers as long as they meet our qualifications. You agree that we have the right to verify the license information for all drivers listed as Authorized Drivers on the Rental Agreement. Understand that should we find that the license information is not in good standing (ie: suspended, revoked or restricted in any way) we reserve the right to deny rental. There may be a charge for Additional Drivers for which that charge will be specified on the Rental Agreement.
5. Vehicle Return: You have received the vehicle described in this rental agreement in good physical and mechanical condition. You will inspect this vehicle prior to leaving the premises, and agree that upon return of this rental vehicle, it will be in the same condition that you received it in, ordinary wear and tear excepted. You will return this vehicle on the date and time indicated in the Rental Agreement to the location specified in the Rental Agreement. If you wish to extend your rental period, you must contact MCRG at 1-800-509-0846, prior to your return date. Understand that it is our sole discretion as to whether we may or may not grant your extension, and that a different or higher rate as well as a service fee, may be applied. You also agree that should the terms and conditions of this contract be violated, MCRG can demand return of the vehicle sooner. You acknowledge that return of the rental vehicle, sooner or later than the date and time indicated on the Agreement without prior consent, will result in a higher rate, different than stated in the Agreement. You will be charged a late fee for a vehicle returned after the date and time specified in the Agreement. You may not return a vehicle at a time when we are closed. Should this occur, you agree that your responsibility for the accrual of rental charges, and damage or loss of vehicle continue until we reopen and retake possession of the vehicle. In the event of loss or theft of the vehicle, your responsibility will continue until vehicle is returned or recovered.
6. Prohibited Use of Vehicle: You agree that MCRG has the right to terminate your contract, void all Liability Protection, and Supplemental Insurances, and upon our discretion repossess the rental vehicle specified in the Rental Agreement should the following occur, whether intentional or not:
a. Vehicle is driven by other than authorized drivers specified on Rental
Agreement.
b. Vehicle is used to carry passengers in excess of the number of seat belts
provided by the manufacturer.
c. Vehicle is used to transport persons or property for hire.
d. Vehicle is used to tow or push anything.
e. Vehicle is used in off-road riding.
f. Seats from the vehicle are removed by anyone other than MCRG authorized
personnel.
g. Vehicle is operated by an authorized driver specified on the Rental Agreement
under the influence of alcohol or a controlled substance.
h. Vehicle is operated in a test, race or contest.
i. Vehicle is used for any illegal purposes.
j. Vehicle is operated in a reckless manner.
k. Rental Agreement is transferred or reassigned.
7. Repossessing The Vehicle: MCRG can have the vehicle specified on the Rental Agreement repossessed at anytime during the rental period stated on the Rental Agreement at your expense without notice should you violate any of the terms and conditions of this contract, or fail to return the vehicle on the Return Date specified on the Rental Agreement. As a result of repossession, you agree to pay all costs associated with the recovery, as well as reasonable legal fees. All Authorized Drivers on the Rental Agreement hereby agree to waive all claims for damages connected with the recovery.
8. Optional Equipment: Optional Equipment (ie: child seats, ski racks, GPS equipment, etc.) is available upon request at most MCRG locations. Your acceptance or declination of these options has been noted on your Rental Agreement. Understand that Optional Equipment is not standard to the vehicle and an additional per day charge will be applied. Should you choose to purchase the rental of Optional Equipment from MCRG, the charges incurred will be included in your total rental amount due upon receipt of the vehicle and the Optional Equipment. You have received the Optional Equipment described in this rental agreement in good physical and mechanical condition. You will inspect this Equipment prior to leaving the premises, and agree that upon return of the Optional Equipment, it will be in the same condition that you received it in, ordinary wear and tear excepted. You will return the Optional Equipment on the date and time indicated in the Rental Agreement to the location specified in the Rental Agreement. You may not return Optional Equipment at a time when we are closed. Should this occur, you agree that your responsibility for the accrual of rental charges, and damage or loss of Optional Equipment continue until we reopen and retake possession of this Equipment. In the event of loss or theft of the Optional Equipment, or if you should fail to comply with these terms, your credit card will be charged the replacement cost of these items.
9. Rental Charges: Rental Charges, also known as Time and Mileage Charges, are computed on the number of miles you drive in the period of time that you rent the car at the rate specified on the Rental Agreement, excluding Miscellaneous Charges, Optional Equipment rental fees, Supplemental Insurances, Fuel Option charges, recovery fees, legal fees, surcharges, and all applicable taxes. The minimum charge is one day (24 hours). Daily charges are consecutive 24 hour periods, beginning at the hour and minute the rental commences.
10. Miscellaneous Charges: Miscellaneous Charges are fees associated with the rental of the vehicle specified on the Rental Agreement due to renter negligence. You agree to pay all miscellaneous charges, as defined in this contract. As it is in your discretion to follow city and state ordinances, MCRG assumes no responsibility for parking tickets or towing fees for other than mechanical failures. Cleaning services to remove excessive soil, stains and dirt, attributable to your use will also be charged back to you. Also included are cracks in the windshield and damage to the sidewall of tires for which you will be responsible for the replacement cost of either, if applicable.
11. Payment: You agree to pay all charges associated with the rental of the vehicle specified on the Rental Agreement, including taxes and related surcharges (ie: sales, use, rental, airport, environmental, excise). And should you and a third party be billed jointly, both parties will be responsible for payment of all charges associated with the rental of the vehicle specified on the Rental Agreement. In the event that you instruct us to bill all or some of the charges associated with the rental of the vehicle specified on the Rental Agreement to a third party, you are representing that you are authorized to do so, and agree to the responsibility of payment should they fail to. Also understand that the charges calculated on the return are not final and are subject to our review. We will bill any undercharges directly to your credit card.
12. Credit/Debit Card Reserve: When using your credit card or debit card as a deposit or means of security, you understand that there will be a hold back amount for the vehicle specified on the Rental Agreement by the issuer of the credit or debit card. For debit cards, the minimum hold back amount is $300, and the minimum amount for credit cards is $200. You consent to the reservation of these funds at the commencement of the rental. Upon completion of the rental, you also understand that we will authorize the release of the excess reserve, however due to your card issuer’s rules the excess may not be immediately released by your card issuer.
13. Currency Conversion: You agree that MCRG will be paid in US dollars. Should your credit or debit card be issued outside the United States, you agree that your total rental charge currency conversion be performed by your card issuer. If we need to convert your total rental charge to US dollars, we will use the conversion rate published by Reuters and charge you an additional 3% for this transaction.
14. Fines, Cost, Expenses and Administrative Fees: Should MCRG need to seek out repossession or legal services in regards to violation of the terms and conditions of this contract, you agree to pay all repossession and recovery fees including towing and storage, fines, penalties, administrative fees, and court costs including parking and traffic. You also agree to pay us our reasonable attorney fees in connection with enforcing any terms of this contract.
15. Collection: You agree to pay on demand all charges due in the Rental Agreement, including fees, expenses and payment for damage or loss of the vehicle specified on the Rental Agreement. You acknowledge that a 1 ½% interest rate per month will be applied on any past due charges. You also agree to pay all collection costs, service charges, and reasonable attorney’s fees. Failure to pay indebtedness in full will result in the deficiency being reported to the appropriate credit reporting agency.
16. Liability Protection: MCRG permits authorized drivers specified in the Rental Agreement during the specified rental period, and with the specified vehicle to be protected against liability for causing bodily injury or death to others or damaging other’s property up to the minimum financial responsibility limits required by law in the jurisdiction in which the accident occurred. Understand that this Protection provided by us is secondary to, any applicable insurance available to you or any other authorized driver specified in the Rental Agreement, from any other source, whether primary, excess, secondary, or contingent in any way. Our coverage does not provide protection for bodily injury, death or property damage to any of the authorized drivers specified on the Rental Agreement, their family members who reside with them either related by blood, adoption or marriage, or supplemental no fault uninsured or underinsured motorist coverage, or fines, penalties and punitive damages. A copy of our policy, should it be a certificate of self insurance or an insurance policy or both, will be available for your review at each MCRG location.
17. Supplemental Insurances: Supplemental insurances are designed to relieve
you from the financial responsibility of loss or damage to the rental vehicle.
They are not mandatory. We offer three options for additional coverage. By
initialing next to the coverage that you wish to purchase, you also agree
to pay per day rate as noted on the Rental Agreement for the vehicle specified
on the Rental Agreement. Understand that per day rate charges for the Supplemental
Insurances will not be adjusted for rentals less than a full day. You also
acknowledge that Supplemental Insurances cannot be added after the rental
period has begun. If you choose to add coverage after your rental period has
started, your initial contract will be closed and subject to a higher rental
rate for that vehicle during the time that you had it.
a. Loss Damage Waiver: Regardless of fault, your financial responsibility
extends to the fair market value of the vehicle from bumper to bumper specified
on your Rental Agreement and during the rental period stated on your Rental
Agreement, and loss of use, towing, storage, and administrative fees. If you
accept Loss Damage Waiver by your initials on the Rental Agreement and your
agreement with MCRG to pay the per day rate, and the vehicle is used in accordance
with the terms and conditions of this contract, we will assume the responsibility
for the loss or damage to the vehicle, loss of use, towing, storage, administrative
fees.
b. Collision Damage Waiver: Regardless of fault, your financial responsibility
extends to the fair market value of the vehicle from bumper to bumper specified
on your Rental Agreement and during the rental period stated on your Rental
Agreement, and loss of use, towing, storage, and administrative fees. If you
accept Collision Damage Waiver by your initials on the Rental Agreement and
your agreement with MCRG to pay the per day rate for the vehicle specified
on the Rental Agreement, and the vehicle is used in accordance with the terms
and conditions of this contract, you agree to pay to MCRG the deductible amount
of $1,500.
c. Supplemental Liability Insurance: If you are at fault with another vehicle,
your financial responsibility extends to third party losses for both vehicle
and passengers of the other party. If you accept Supplemental Liability Insurance
by your initials on the Rental Agreement and your agreement with MCRG to pay
the per day rate, liability coverage provided by MCRG will be primary in the
combined limits of liability protection for up to one million dollars for
each person for bodily injury, death or property damage for each accident.
This is provided that the vehicle is used in accordance with the terms and
conditions of this contract.
18. Damage or Loss To The Car: Damage to or loss of vehicle must be immediately reported initially by phone and then in writing to the location where the vehicle was rented from. MCRG requires you to cooperate with the authorities from the jurisdiction that the damage to or loss of occurred in with regards to providing accurate information and filing official reports. You agree that you are responsible for any damage to, and loss or theft of the specified vehicle on the Rental Agreement during the rental period stated on the Rental Agreement regardless of fault, negligence or a violation of this Rental Agreement. As it is your choice to accept any of the Supplemental Insurances, should you choose not to, you agree to pay us for all of the damage to or loss of the vehicle specified on the Rental Agreement regardless of cause or cost. You are not authorized to have the vehicle specified on the Rental Agreement repaired. If we determine that the vehicle is salvage or if the vehicle is stolen and not recovered, you agree to pay MCRG the fair market value of the vehicle specified on the Rental Agreement prior to rental. You also agree to pay for loss of use, diminishment in value, towing, storage and any administrative fees associated with our loss. Should you supply us with your insurance company information (ie: name, phone, contact and policy number), you are authorizing us to process and collect any and all of our incidental loss of the vehicle specified on your Rental Agreement from any third party that is responsible for it upon completion of the rental.
19. Fuel Service Option: When you get into the vehicle specified on the Rental Agreement, you will notice that the gas gauge reads “Full”. Upon completion of your rental, you have three options with regards to fueling the vehicle.
a. You return the vehicle specified on the Rental Agreement upon completion
of the rental with a full tank of fuel; with no additional fuel cost liability
to you.
b. You pre-pay for a full tank of fuel for the vehicle specified on the Rental
Agreement upon commencement of the rental by initialing next to this option
on the Rental Agreement. The cost per gallon will be five to ten cents per
gallon less than street value. Understand that upon completion of your rental,
you are not required to return the vehicle with a full tank of fuel and we
will not issue a refund for any unused fuel.
c. You return the vehicle specified on the Rental Agreement with less than
a full tank of fuel. At this time, you will be charged $ 6.00 per gallon to
fill the tank. The refueling charge is calculated by multiplying the number
of gallons needed to refill the tank times the dollar per gallon rate specified
on the Rental Agreement. This charge will be billed directly to your credit
card.
20. Indemnification and Waiver: You agree to defend, indemnify and hold MCRG
harmless from all losses, liabilities, damages (ie: incidental, special and
consequential), injuries, claims, costs, attorney fees and all other expenses
incurred by us in any manner, and including claims and liabilities to third
parties, arising from the use of the vehicle specified in the Rental Agreement
by any person, authorized or not. You agree that you have the final responsibility
to us for all such losses.
21. Changes To Agreement: Any change to this Rental Agreement are effective
only if in writing and signed or initialed by our president or vice president.
22. Lost or Damaged Property: You are solely responsible for any property
left or stored in the vehicle specified on the Rental Agreement, shuttle vehicle
or on our premises, regardless of who received, handled or stored property.
You will be responsible to us for claims by others for such loss or damage.