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.
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. THE FAILURE TO RETURN A RENTED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE RENTAL AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. 2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5000.00 FINE OR BOTH.
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 anytimeduring 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. All MCRG vehicles are nonsmoking vehicles. Animals are not allowed in any of the MCRG vehicles. 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. This Rental Agreement, its validity, construction and performance, shall be governed by the laws of the State of Vermont. In no event shall any arbitration be commenced outside the United States, nor shall any law outside the United States be applied. Except as otherwise provided in the Terms and Conditions of this Rental Agreement, and unless prohibited by law, any controversy, claim or dispute must be brought by you within one (1) year of the date you are entitled to assert any such claim.
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
a. 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 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 $250.00.
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.
23. Insurance: You agree through your signature on this Rental Agreement to maintain automobile insurance during the term of this agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a. Bodily injury and property damage liability coverage; b. Personal injury protection, no-fault, or similar coverage where required; c. Uninsured/underinsured coverage where required, and d. Comprehensive and collision damage coverage extending to the rental vehicle. Your insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because you are providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. Your insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You also agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Where permitted by law, if you reject uninsured/underinsured, supplemental, personal injury protection, and no-fault coverage we are required to provide such coverage, and you are afforded the minimum limits required by law. Any violation of this Rental Agreement will void all insurance coverage.
24. GPS: You understand that our vehicles are equipped with GPS Tracking Devices and that any information that we obtain through these devices can be used by us or law enforcement for any reason at any time.